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Does anyone know the best person to send my preliminary approach for repayment to. I have read the thread above with the contact details on but there are conflicting views on there and many many contacts. Who have people sucessfully written to and heard back from. I was going to send it to:
John Cunnanne
Manager
Customer Relations Unit - Depot Code 040
225 Shenley Road,
Borehamwood
WD6 1TE
Ok, I need some advice now. What I have done so far is:
1. Requested my statements
2. Received my statements & entered all chrges & interest (not the 8%) onto the spreadsheet.
3. Sent Preliminary approach for repayment to Natwest, total amount of £2,156.00 in Charges and £351.78 interest Total£2,507.76
4. I have received the foolowing reply to my letter:
Dear Mr xxxxx,
Thank you for your letter of 15th July 2006 and I apologise for any dissatisfaction caused by the application of charges to your account.
We believe taht our charges are fair, reasonable and transparent. We consider that the amounts debited to your account have been applied strictly in accordance with your agreement with us and our published tariff which we are satisfied complies with all applicable laws and regulations. We are also comitted to ensuring the transparency of the information that we give to our customers about the operation of our products.
We have considered the Office of Fair Trading's statements of 5th April 2006 and do not accept its findings in relation to the setting of credit card fees. We are concerned that the Office of Fair Trading has publicly called into question the setting of charges applied to other products, including current accounts. The Office of Fair Trading has restricted its investigation to Credit Crads and made no attempt to consult with the RBS group or the industry in relation to other entirely different products. Consequently, against that background, we must differ with the views you have expressed and will not be refunding any of the bank charges applied to your bank account.
When your account was transferred to out Credit Management Services, a full review of the charges and operation of the account would have been undertaken and no charges were found to have been applied when they were not properly due. They have all been associated with a lack of covering funds in the account at the times items were present for payment. Accordingly, the charges taht have been applied to your account must stand.
I am disappointed to note that you are contemplating legal action against the bank. Whilst I hope you will feel able to reconsider, should you decide to go ahead, please ensure that any proceedings are served on our Registered Office Address, which appears at the foot of this letter.
I suspect that this is unlikely to be the answer you might have hoped to receive but nonetheless thank you for taking the time and trouble to contact us,
Yours sincerely,
Stuart Higley
Customer Relations
Is this a standard type letter that others have received??
I know that the next step is the lba and I send this on the 29th July (at the end of the 14day period), but looking at the Template of the LBA, it is written for those who haven't received a response. Because I recieved a reply, is there a different letter I need to send now??
I am 100% committed to going through with all of this but will need your help and guidance along the way.
Thats almost word for word the response I received from Mr Higley.
RE: the lba, I just used the standard LBA template in the library section and prefixed it with the line ' I am very disappointed with your response to my letter dated: (date)', and left it at that.
Good luck and keep us posted!
Joe
My original 2006 claim - Victorious!
13/06/2006 - Sent Data Protection Act Request (NatWest), recorded delivery.
19/06/2006 - Sent preliminary letter, requesting £3483
17/07/2006 - Sent LBA for revised figure of £3601 (after finally managing to open a parachute account with Lloyds TSB!)
07/08/2006 - Filed Moneyclaim for £4401
11/09/2006 - Defence received from Cobbetts
25/09/2006 - Sent AQ to court and CPR18 response to Cobbetts
30/09/2006 - AQ due at court
25/10/2006 - *WON* Cheque for full amount received from Cobbetts
"Things are made of littler things that jiggle"
- Richard Feynman
I sent my lba on 29th July and still have had no reply. I guess its just a case of sitting tight and waiting for either a reply or the 14 day deadline to expire. Fingers crossed.
Right, I have had no reply from Natwest to my letter before action (is this normal??) and I am now in a position to proceed to the next stage. (moneyclaim). Before I go ahead with this I need to check that I have done my calculations right so far.
I am planning on claiming £2,156.00 in charges and £351.78 in interest on these cahrges. Can anyone tell me if the interest on the charges looks about right as that is the bit I am not sure of. These calculations are for the last 6 years and the acount itself has been has been overdrawn for approximately 4 of the 6 years. Does this affect the interest calculation?
When I go through the moneyclaim process is it now that add on the additional 8% interest?
If anyone can help with the moneyclaim process then I would appreiciate it greatly as it all looks a bit confiusing to me.
Have finally managed to get my claim sorted and have now completed my N1 form and sent that and all of my particulars to the county court. Total claim of:
£2,156.00 in Charges and £351.78 interest Total£2,507.76 plus the 8% interest and the court fee brings the total amount up to £just over £3000.
Got a letter back from teh cort yesterday and the bank have unitl 25th September to acknowledge the claim. If they do then they have 28days from then to enter a defence. Fingers Crossed!!
Got a letter back from teh cort yesterday and the bank have unitl 25th September to acknowledge the claim. If they do then they have 28days from then to enter a defence. Fingers Crossed!!
FYI standard procedure seems to be that they will acknowledge the claim soon, giving them an additional 14 days, then on day 28,29 or 30 they will file a defence. You'll get a package on the doormat asking you for a schedule of charges as "they still have no idea what you are going on about" (as if) and some stuff under the CPR 18 request that you don't have to respond to.
I have already provided the schedule of charges with my claim. (I went down the N1 route rather than moneyclaim)
Are they still likely to ask for this even though I have already submitted all information with my claim?
(2 copies sent, 1 for the court and 1 for the bank.)
I have just phoned the courts and they said that they had a call from Anne Marie Bolyn (I presume she's from Natwest or Cobbetts) and they are saying that they only had the front cover of the N1, ( I sent 2 copies of everything when I submitted my N1 form so they should have had it!!
They have asked the court to send them the additional documentation (particulars of claim) which they did yesterday, but no defence has been entered as of yet???
The lady on the phone said to wait a few days and call back to see if anything has happened.
I don't want to wait, I want to get on it straight away and apply for a judgement as they havent entered a defence by the deadline but I dont know if I can do that??
I am claiming my bank cahrges from Natwest. I have followed all of the procedures and sent all the relevant letters. I am now at the stage where the bank have entered a defence against my claim. I went down the N1 route and provided copies of all of my particulars of claim for the bank and the court. I am very confused by all the legal jargon and dont know what to do now. I would really apprieciate some help as I really havent a clue what any of this means and what I need to do next!!
DEFENCE
1. This defence is filed and served without prejudice to the Defendant's case that the Particulars of Claim do not disclose resonable grounds for bringing a claim against the Claimant to recover the bank charges (and interest thereon) referred to in the Particulars of Claim or any other sum(s). In the event that the Claimant does not properly particularise his claim then the Defendant will apply to strike out the claim and/or for summary judgement in respect of the same.
2. No admissions are made as to what charges have been debited to the Claimant's bank account.
3. In relation to the allegation that th e contractual provisions pursuant to which the have been applied are unenforceable by virtue of the Unfair Contract Terms Act 1977 ("UCTA 1977") and/or the Unfair Contract Terms in Consumer Regulations 1999 ("the Regulations") and/or the common law, the Claimant is required to identify:
3.1
(a) the section(s) of The Unfair Contract Terms Act 1977 ("UCTA 1977")
(b) the regulations of The Unfair Contract Terms in Consumer Regulations 1999 (the "Regulations"). And;
(c) the principles of common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable; and
3.2 the contractual provision(s) that the Claimant allege are invalid by reference to UCTA 1977 and/or the Regulations.
Until such time as these sections/regulations/provisions are identified the Defendant cannot (save as appears below) plead to the allegation referred to in paragraph 4 above. The Defendant therefore reserves its right to plead further to the allegation once (and if) the Claimant identifies the relevant contractual information.
4. To assist the claimant with the proper particularisation of his claim(s), the defendant serves with this defence a request made pursuant to CPR part 18. If the claimant fails to provide the particulars requested in the time stipulated and/or the defects with the claim(s) (referred to in paragraph 1 above) remain then the defendant will apply to the court for (among other things) an order striking out the claim.
5. Pending the proper particularisation of the claim(s) the defendant is unable to plead to the claimants claim(s) beyond at this stage denying that the defendant is liable to the claimant at all. The defendant reserves the right to amend this defence to plead further to the claimants claim(s) once or if the claimant properly particularises the same.
6. The claimant is time barred from bringing a claim of unauthoriused bank charges prior to 7 september 2000 by the provisons of section 5 of the limitation act 1980
7. Save as hereinbefore appears the Defendant joins issue with the Claimant on his claim(s) and denies that it is liable to the Claimant as alleged or at all.
After reading other threads and other advice given, I have come up with the following template:
12TH October 2006
Dear Sir or Madam:
Claim No: 6HR01280 Your Reference: AMB/RR1362-593
I acknowledge receipt of your defence & request for further information and clarification.
I anticipate that the claim would be allocated to the small claims track and would not then expect to have to deal with requests for further information since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative.
Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. I am forwarding them a copy of this letter for their records.
However, for clarity, I enclose a schedule of charges and I confirm the charges I am claiming were applied to the following account:
Account Name: xxxxxxx Account numbers: xxxxxxxxx Sort Code xxxxxxxx Amount: As detailed on N1 form submitted
Another letter received from Cobbetts. What do I do now?
Last week I received a copy of the defence which Cobbetts have entered.
this was what they put:
DEFENCE
1. This defence is filed and served without prejudice to the Defendant's case that the Particulars of Claim do not disclose resonable grounds for bringing a claim against the Claimant to recover the bank charges (and interest thereon) referred to in the Particulars of Claim or any other sum(s). In the event that the Claimant does not properly particularise his claim then the Defendant will apply to strike out the claim and/or for summary judgement in respect of the same.
2. No admissions are made as to what charges have been debited to the Claimant's bank account.
3. In relation to the allegation that th e contractual provisions pursuant to which the have been applied are unenforceable by virtue of the Unfair Contract Terms Act 1977 ("UCTA 1977") and/or the Unfair Contract Terms in Consumer Regulations 1999 ("the Regulations") and/or the common law, the Claimant is required to identify:
3.1
(a) the section(s) of The Unfair Contract Terms Act 1977 ("UCTA 1977")
(b) the regulations of The Unfair Contract Terms in Consumer Regulations 1999 (the "Regulations"). And;
(c) the principles of common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable; and
3.2 the contractual provision(s) that the Claimant allege are invalid by reference to UCTA 1977 and/or the Regulations.
Until such time as these sections/regulations/provisions are identified the Defendant cannot (save as appears below) plead to the allegation referred to in paragraph 4 above. The Defendant therefore reserves its right to plead further to the allegation once (and if) the Claimant identifies the relevant contractual information.
4. To assist the claimant with the proper particularisation of his claim(s), the defendant serves with this defence a request made pursuant to CPR part 18. If the claimant fails to provide the particulars requested in the time stipulated and/or the defects with the claim(s) (referred to in paragraph 1 above) remain then the defendant will apply to the court for (among other things) an order striking out the claim.
5. Pending the proper particularisation of the claim(s) the defendant is unable to plead to the claimants claim(s) beyond at this stage denying that the defendant is liable to the claimant at all. The defendant reserves the right to amend this defence to plead further to the claimants claim(s) once or if the claimant properly particularises the same.
6. The claimant is time barred from bringing a claim of unauthoriused bank charges prior to 7 september 2000 by the provisons of section 5 of the limitation act 1980
7. Save as hereinbefore appears the Defendant joins issue with the Claimant on his claim(s) and denies that it is liable to the Claimant as alleged or at all
In response to this letter I sent them this reply:
12TH October 2006
Dear Sir or Madam:
Claim No:
Your Reference:
I acknowledge receipt of your defence & request for further information and clarification.
I anticipate that the claim would be allocated to the small claims track and would not then expect to have to deal with requests for further information since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative.
Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. I am forwarding them a copy of this letter for their records.
However, for clarity, I enclose a schedule of charges and I confirm the charges I am claiming were applied to the following account:
Account Name: xxxxxxx Account numbers: xxxxxxxxx
Sort Code xxxxxxxx
Amount: As detailed on N1 form submitted
Yours Sincerely,
I have today received the following letter? Can anyone tell me what I do now?
We note your comments on our request for further information. It is our clients contention that your particulars of claim did not properly particularise your claim. For example, our client cannot properly defend a claim where you have not given the details of each charge you claim is disproportianate and unreasonable.
The court is bound by an overriding objecticve to deal with cases justly and ensure that parties are on an equal footing. It was clearly the case that pur client could not respond to your claim where you did not provide sufficient particulars. Our client therefore objects to your allegation that the request is intimidating.
Yours faithfully
Cobbetts LLP
CAN ANYONE TELL ME IF i NEED TO RESPOND TO THIS LETTER OR WHAT i NEED TO DO NOW, IF ANYTHING AT ALL?
We note your comments on our request for further information. It is our clients contention that your particulars of claim did not properly particularise your claim. For example, our client cannot properly defend a claim where you have not given the details of each charge you claim is disproportianate and unreasonable.
The court is bound by an overriding objecticve to deal with cases justly and ensure that parties are on an equal footing. It was clearly the case that pur client could not respond to your claim where you did not provide sufficient particulars. Our client therefore objects to your allegation that the request is intimidating.
Yours faithfully
Cobbetts LLP
CAN ANYONE TELL ME IF I NEED TO RESPOND TO THIS LETTER OR WHAT I NEED TO DO NOW, IF ANYTHING AT ALL?
I wouldn't bother or you could send them a mirror image:
Dear Sir,
I refer to your letter dated XXX
I note your comments on my allegation that your CPR part 18 request is intimidating. It is my contention that my Particulars of Claim did properly particularise my claim. For example, a schedule of charges, which fully details each charge I claim is disproportionate and unreasonable, has been sent to your client, the court and yourselves at every stage.
I agree that the court is bound with an overriding objective to deal with cases justly and ensure that parties are on an equal footing. It was clearly the case that your client could respond to my claim since I have provided sufficient particulars. I object therefore to your allegation that your client was not on an equal footing.
Moustachman V Natwest **WON*
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Originally Posted by Moustacheman
