Smel V Natwest...**WON**

**smel24** · 24th September 2006 21:59

Evening all, well I've read through a lot of Natwest icon

threads and they seem to be a bit tougher than HSBC icon

. I am actually acting on behalf of my boyfriend and his ex-Natwest account but there will be a big refund difference depending on the answer to these three questions:

1 - There are a many 'Paid Referral Fee' for £25, I realise these are for going over the overdraft icon

limit by boyf's own fault but can these still be included?

2 - There are also a couple of random charges which simply gives the date and account number :-? as a description and are all for £20 - what are these for, has anyone else included them?

3 - One charge is also for the Default Notice against the account for £30 - can he include this? I'm assuming he can attempt to have the Default Notice taken off along with refund of charges by claiming that the charges led to the Default?

Any help for these questions are much appreciated

x Smel x

Similar Threads:

NATTIE · 24th September 2006 22:16

1) yes
2) yes you can claim this as well
3) Yes

**smel24** · 25th September 2006 08:09

Thanks natweststaffmember, I'll have to get the highligher pen out again!

**smel24** · 26th September 2006 13:00

Hi all,

I've totalled up a mountain of £3328

charges on boyf's account and seeing as the majority of this was whilst in an overdraft icon

I will work out the interest on top.

In the meantime I have read through many success stories but am eager to know whether anyone has successfully claimed their refund AND had a default notice removed from the said account

Cheers,

Smel

**smel24** · 27th September 2006 09:48

Okay I didn't realise I could add the Unarranged Borrowing Fees so having counted for the third time the total is now up to £3538 :o - I haven't included OD interest icon

though as it was too much of a headache for me :-| !

I've also included in the prelim letter the section about the default notice - boyf doesn't recall receiveing a default notice from Natwest icon

, it was charged to the account in Aug '04 but put on his credit file in Dec '04, hopefully this won't be too much of a challenge to get off

Will keep posting here as I go along as Natwest and the default seem to be trickier than HSBC icon

was!

**smel24** · 29th October 2006 17:51

Okay, after one or two business trips I have finally gotten back in front of my computer and have printed off the prelim letter.

To be honest I was a little scared of challenging Natwest icon

as they seem to play more games than other banks and this claim is not only a huge amount but trying to get rid of a default notice too...all while boyf is still actually paying this debt off.

Anyway, I read in Which? a while ago that Natwest were highlighted by the OFT as one of the main contenders of delaying claims and using scheming tactics to put customers off getting their money back so I thought, well bring it on Natwest...!

Prelim has been printed and signed and will be in the post tomorrow morning.

Oh PS, I'd like to hear from anyone else who have successfully had their default notice removed with Natwest using this process??

**dantracey** · 29th October 2006 17:53

Good luck smel, my pre lim is going tomorrow to

Tracey

**smel24** · 9th November 2006 21:13

hmmm Natwest icon

have until Monday to get a response to me from my prelim. I haven't come across complete ignorance before...

Do I re-send the prelim recorded delivery (I sent it snailmail firstly)?
Or, do I continue with the lba icon

but send this recorded delivery?

EEK.

**katesage** · 10th November 2006 10:02

Hi smel

You MUST send everything recorded. Natwest icon

will have received your prelim but upon seeing that it was sent snail mail.....it will have gone straight to the file marked B.:grin:

Start again, send prelim RECORDED!
After 14 days go to lba icon

, unless they respond sooner.

As you said in your first post...they are tricky and you just let them win round 1!

good luck

**The cobbett slayer** · 10th November 2006 11:18

Originally Posted by katesage

...they are tricky and you just let them win round 1!

good luck

But don't let that worry you - It will go the distance and you'll win with a knockout in the last round

**Godders** · 10th November 2006 11:25

I didn't get a response to either my prelim or my lba icon

(sent to Branch in Bath). I sent them both recorded delivery which meant I was able to attach these along with proof of delivery to my claim.

Having issued my claim on 3rd November I got a letter yesterday saying they're really sorry they didn't respond to my letters.

I agree it's probably best to resend recorded delivery.

**smel24** · 16th November 2006 00:55

Thanks all,

Well, I was about to start again when boyf received a letter today saying our letter had been "referred to the Bank's Customer Relations Unit who will investigate and respond in the next 10 working days."

In other words "We are fobbing you off and not listening to your deadline".
Well at least now we have proof they received the letter.

I will send the lba icon

; all comms to now go recorded delivery and straight to the Credit Management Services address at the top of the letter!

:? Another question though...this debt is still being paid off (by regular payments) if boyf wins AND gets the default removed, can they place the default straight back on?

Smel

**smel24** · 16th November 2006 01:15

...actually I've found the address in Contact thread for the Customer Relations Unit as mentioned in the letter so I've sent I'll send it there tomorrow

**smel24** · 22nd November 2006 14:47

Okay I didn't send the lba icon

the next day....Natwest icon

came back with another letter trying to mug us off again. It was filled with stuff like "we're not your fiduciary as you suggest"; "OFT are only investigating to credit card charges" etc....

As I was flying out that day for a weekend break I had no choice but to leave it as I didn't want to post by snail mail again so I have missed my own deadline. However, I may have recovered the situation by started the LBA with:

"In response to your letter dated 15th November I have taken time to consider the context. I am disappointed that you fail to acknowledge the full extent of the Office of Fair Trading’s announcements on charges; it was clearly stated by the OFT that credit card and banking charges were higher than is legally fair."

I hope this covers both the late reply by me and a response to the OFT comment (which I took from Citizens Advice website).

I haven't responded to the comment about the fiduciary though as I think it's another one of their tricks to stumble - which is exactly what happened!

Have I jeopardised the claim by being late? I will post Recorded Delivery tomorrow.

**cheddar** · 22nd November 2006 18:49

Don't worry about being late, as for responding to their 'comments' i wouldn't waste the ink. Send the standard letter and wait for their standard reply.

**smel24** · 14th December 2006 22:46

Thanks Cheddar, I am a little late on this one as I've had to wait for payday for the £120 court fee!

Oh well, here goes. These are the particulars for the N1 I have written, any comments/ suggestions are welcomed (sorry it's a long one)!

Brief details of claim

SORT: xxxxxx ACCOUNT NUMBER: xxxxxxxx
I, the claimant had a contract with the defendant bank for over 4 years which was conducted on their standard terms and conditions icon

. I, the claimant am claiming the return of money taken by the defendant in the way of charges over the period of xx/xx/xx to xx/xx/xx of the account. The defendant bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law.
In addition to this I, the Claimant claims the removal of the Default Notice served against this account by the defendant bank on the basis that the Default Notice is unlawful as it occurred as a direct result of the disproportionate charges applied to this account and that the total charges make up the majority of the debt owed on this account.
I, the Claimant have repeatedly asked the defendant bank to justify their charges but they have declined to do so.

Value

I, the claimant have calculated that I am owed a total of £xxxx in unlawful charges by the defendant bank plus the removal of the Default Notice served against this account. Further to this I, the claimant claims interest icon

under section 69 of the County Courts Act1984 at the rate of 8% a year from xx/xx/xx to xx/xx/xx of £xxx.

Total Amount

xxxx

Particulars of Claim (attached)(to follow)

SORT: xxxxxx
ACCOUNT NUMBER: xxxxxxxx

Claim of the return of charges

- The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law: as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.
- Schedule of Claim for charges with 8% interest under section 69 of the County Courts Act1984 (attached).
- Copies of communication with the defendant bank asking for return of the charges.

Claim of the removal of the Default Notice

- The defendant bank refused to supply a copy of the Default Notice served on this account in response to a Data Protection Act 1998 Subject access request icon

made by myself (copy of Subject access request icon

attached).
- The Default Notice has been applied unlawfully: where I, the claimant consented in my contract with the defendant bank to the disclosure by the bank of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by the bank of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998.
The passing of personal data to third parties relates wholly to the implementation by the defendant bank of charges which have been applied to my account in respect of contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by the bank as a consequence of the said breaches are contrary to The Common Law.

I doubt boyf will get the default removed but it's worth a try and the money is substantial enough to let it go (shh, don't want ShatWest hearing that)!

**smel24** · 3rd February 2007 23:11

Hi all,

It's been a while but basically I was prepared to take Natwest icon

to court but didn't have the fee to do it - I have it now though! So I'm about two months late on my "you have 14 days to reply" in the lba icon

.

Should I:

a) send another LBA to give a warning/ chance/ for good measure
b) just put the claim in anyway

Send in your answers.....!

**petrafyde** · 3rd February 2007 23:33

put your claim in - they've had plenty of time. remember its your timescale not theirs, you've been gracious enough

to allow them extra time - proceed as normal in my opinion.

**OldBear** · 4th February 2007 02:26

Good luck with your claim.

You may want to edit out your account details in the letters above, though.

OB

**smel24** · 6th February 2007 21:02

oh yeah, cheers!!

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