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Well having just recently started the processs for claiming my bank charges back, today I received the standard 'Sod off' letter from Mr Higley in response to the prelim letter I sent.
lba being posted tomorrow so will wait to see what happens next.....
02/10/06 - Data Protection Act request sent
12/10/06 - Statements received
13/10/06 - Prelim letter sent for £1,406
18/10/06 - 1st sod off letter received
19/10/06 - LBA sent in response
I have just taken Natwest to court. At present I am 16 days into the 'wait 28 days for them to file a defence' stage, just remembered yesterday that I forgot to send another copy of the schedule of charges to the bank! Popped that in the post, what the hell, they've made me wait ages for responses!
So the way I see it now, and correct me if I'm wrong (also my apologies for barging in your post bustle!), I can expect them to file a defence at about 27 days. Then I have to fill out an AQ, and send it off to the court and copy in Cobletts, or whatever they're called. (Can I expect to have heard from them by then?) Also, if I am claiming for bank charges in amongst the total which were actually refunded at the time, could my case be withdrawn because of this?
It looks like I'm about to hit the toughest part of the process so far, with a good chance my case could be referred to the Mercantile court and several intimidating correspondances with Hobbitts. I think I will have to be really thorough in my responses, ensuring I make clear my bank details, schedule of charges etc.
So perhaps a letter to Wobbletts, an AQ letter to the court (what is their address? Should I send them a schedule of charges now?) and perhaps 1 or two confirmations back to Nibletts and then I might expect to see a part offer or a full settlement cheque come through my door?
I look forward to hearing back, congratulations to everyone who has won their battles, and my utmost support from all those like Bustle who are going through it with me and are feeling any doubt. Don't give up 'til you get what's yours!!!
I agree it seems you are probably at the most complicated bit of the process now and having read the FAQ and many of the other posts for the past few days, there seems a fair bit of paperwork going to and fro. Seems the patience pays off in the end.
Not sure if I'm qualified to advise you on the next step as not got that far yet but the 28 day wait seems correct.
Some great stuff on here and everyone seems really helpful and supportive which is nice.
Hope I get everything back as could do with the money like everyone else.
I think the next step is MCOL if it's another 'sod off' letter and I have already registered on the site.
Cool - looks like I'm gonna be one step ahead of you all the way, so feel free to pm me with any questions - I'm not here loads but will try to remember to check my inbox and update here as and when things happen!
Today received standard reply to the lba letter I sent, "...regret there is little that I can add constructively...etc..etc ."
Have registered and saved details on MCOL and will submit it on 3rd November. (14 days after LBA letter sent)
Used the particulars of claim details as I found on the forum and amended to suit my claim.
1. The Claimant has an account XXXXXX with the Defendant, opened in 1986 2. Since 08/01/01 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the
breaches; (b) The Term permitting the Defendant to levy such charges is
unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £1460; (b) Interest per S.69 County Courts Act 1984 of 8% - £432.65 continuing at 8% until judgment or settlement at a daily rate of £0.32; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.
Hope it looks ok.
Think this will be the scary bit...
02/10/06 - DPA request sent 12/10/06 - Statements received 13/10/06 - Prelim letter sent for £1,406 18/10/06 - 1st sod off letter received 19/10/06 - LBA sent in response 24/10/06 – 2nd sod off letter received 03/11/06 - Submit MCOL
No I'm afraid it is a bit of a waiting game again, Cobbetts do tend to leave everything to the last minute so it'll probably be 18th before they get their defence in. Like you've said though, its a good idea to keep reading through this site while you wait, you'll then be prepared and ready for your next course of action.
Received Notice of Transfer of Proceedings with aq attached today.
Have completed AQ as per the template and will return tomorrow with the £100 fee to local court. Will also send copy of AQ to Cobbetts. Hope this is right.
Bustle V Natwest *** WON ***
being posted tomorrow so will wait to see what happens next.....
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NAT WEST - WON - £4282.36
Re: Bustle V Natwest
Originally Posted by bustle
