Thread: Bicester1 vs Nat West. **WON**

Another one on their way then!!

Good luck to you!

No AQ ordered. Case transfered from MCOL to county court. Trial date allocated for 17th July small claims track at Oxford County Court in front of District Judge Mathews. Bundles to be exchanged by 16th May.

What a waste of trees as we all know they will not defend!

Hey ho off to the photocopier we go!

Bicester1

Morning Parkvale! See you're up early too!

Yes I hope so! Interestingly they did offer me my charges back in full but would not budge on the interest.

I asked for charges and contractual in my prelim, got an offer of charges only and counter offered to settle for charges and 8%. They bought this with my Nat West credit card but not with Bank Charges, guess must be different parts of the org working to different rules.

So any way now Cobblers are involved and won't negotiate so looking forward to Court!

Best wishes

Bicester1

Hi parkvale.

That is interesting!

Had a discussion with a very nice lawyer at Cobblers. Once I pointed out that we now have a court date in July they were much keener to negotiate so I sent them the following:


Cobbetts LLP
Ship Canal House
King Street
MANCHESTER
M2 4WB

Your Ref: LYS/
Our Ref: NW9

Wednesday, May 02, 2007

BY FAX

Dear Ms ***********,

************-v- National Westminster Bank plc

Claim No:

I refer to our telephone conversation of this afternoon.

You are aware from our conversation that this case has now been listed for trial before District Judge ********** at Oxford county court on 17th July 2007. Documents are to be exchanged on or before the 16th May 2007.

I would prefer to avoid preparing bundles for a trial which we both know will not happen and therefore we discussed the possibility of an out of court settlement in the hope of avoiding further time wasting and expense.

I am willing to accept the return of my charges, plus interest at 8%, rather than the National Westminster contractual rate of 29.9%, plus reimbursement of my costs incurred so far, of the issue fee of £120 and my Subject access request fee of £10.

You will see therefore that sum is £2216.60 in charges and interest, as detailed on the enclosed updated schedule of charges, + £120 issue fee + £10 S.A.R - (Subject access request) fee, which is a total of £2346.60

Please note my offer is subject to the following contractual terms, which are that I will not:

(1)
a) accept any confidentiality clause
b) agree to accept any future charges on my account as legal
c) discontinue the action until payment is received

and that:

(2)
a) acceptance is to be communicated by fax to the number above
b) payment is to be made by BACS transfer to a bank account which I will designate, by return, subject to your acceptance of this offer
c) payment is to be made into the designated account by 5pm on Friday 11th May 2007.

I appreciate that you may need to revert to your clients for instructions and will leave this offer open until 5pm on Monday 7th May.

I believe this represents a reasonable compromise, which I hope that your clients will feel able to accept.

If your clients accept my offer, I must state unequivocally, that subsequent breech by them of terms 2b or 2c will mean that I consider the contract repudiated. Under those circumstances I will consider any subsequent payment to my account as part payment of my original claim and will continue my action for the full amount as detailed in my particulars of claim.


I look forward to your early response


Yours sincerely,



Lets see if this produces an acceptable offer! I'm quite happy to accept s69 for convenience rather than contractual, which is what they offered me on their Credit Card

Let us know how the claim for more than 6 years goes. I'm about to hit Lloyds for 10 years at contractual -fees are about £1500- interest at their contractual is about £13000!

WON WON WON!!!

Sent letter above to Corbett's yesterday. phone call ten minutes ago accepting in full they want to pay by cheque but will send special delivery within 5 days!!! Accepted subject to receiving by next Friday.


Cobbetts LLP
Ship Canal House
King Street
MANCHESTER
M2 4WB

Your Ref: LYS/RR11362-2558
Our Ref: NW10

Friday, May 04, 2007

BY FAX

Dear Ms ********

*************-v- National Westminster Bank plc

Claim No: 7QZ*********

I refer to our telephone conversation of this morning and my letter of last Wednesday.

I note your counter offer to my claim contained there within of the sum of £2346.60 in Full and final settlement of my claim, but that payment is to be made by cheque, rather than BACS, as I stipulated in my original offer.

That is acceptable, subject to the cheque being received by me no later than 5pm on Friday 11th May 2007.


Yours sincerely,


Seems they will pay up unless you ask for contractual as I previously posted. So tactic has to be to ask for charges and contractual and then negotiate if you want, or hold out to doors of court if you want contractual.

Hi ho hi ho its off to Lloyds we go for ten year old charges and contractual which is £13k in interest and £2k in charges..........

Thanks to all on this site esp NATTIE and Parkvale.

Bicester1

Congratulations!!!!!!!



Don't forget to fill out the survey

Enjoy your payout!

Thanks Zootscoot

Definite donation once I get my cheque.

There is an important point I would like to make which I think peeps need to be aware of.

It seems that Nat West are now offering to refund charges at an early stage, certainly before issue. Given the correct advice in the FAQS and templates about not claiming s69 before issue I think a lot of people will loose out on interest as I think it would be tricky to go back and ask them for interest once they offer to refund charges in full.

IMHO therefore I think that the FAQs and the templates need to be amended to advice people to claim contractual from the word go and then negotiate!

What do you think?

Bicester1

Originally Posted by Bicester1

Thanks Zootscoot

Definite donation once I get my cheque.

There is an important point I would like to make which I think peeps need to be aware of.

It seems that Nat West are now offering to refund charges at an early stage, certainly before issue. Given the correct advice in the FAQS and templates about not claiming s69 before issue I think a lot of people will loose out on interest as I think it would be tricky to go back and ask them for interest once they offer to refund charges in full.

IMHO therefore I think that the FAQs and the templates need to be amended to advice people to claim contractual from the word go and then negotiate!

What do you think?

Bicester1

Hello Bicester1,

So glad to hear you good news, well done.
I totally agree about the interest issue.