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Firstly, thankyou for this site and the templates available.
I am in the process of claiming on behalf of my son from Natwest. Our claim was £1695 plus 8% interest. Their offer was for £951. Having read your "offer" stages we are now obliged to refuse this and get a full refund.
There have been further charges to increase the claim, but please advise me of the correct letter template to use for this refusal. I know how important legal wording is and would hate to blow our chances by writing the wrong thing.
I give you my word that a donation to this consumer action group will be sent.
You may wish to post this query in the Nat West forum, but essentially you send something along the lines of
I accept your offer of £951 as a partial refund only. I shall be pursuing the remainder as previously notified in my letter of (date of whatever your last letter was).
Firstly, thankyou for this site and the templates available.
I am in the process of claiming on behalf of my son from Natwest. Our claim was £1695 plus 8% interest. Their offer was for £951. Having read your "offer" stages we are now obliged to refuse this and get a full refund.
There have been further charges to increase the claim, but please advise me of the correct letter template to use for this refusal. I know how important legal wording is and would hate to blow our chances by writing the wrong thing.
I give you my word that a donation to this consumer action group will be sent.
Regards
Keith Morley
You need not worry too much about legal words and phrases. Nobody expects you to be an expert, least of all the courts.
It is highly unlikely your letters will be seen by anybody in any court in any case, as thus far, the banks have paid back unlawful charges before that stage.
iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted. Vanquis - Claim issued, no AoS or Defence received
Thankyou for your letter of 21 July offering £951 against my claim of £1591 (up to and including 27 June 2006).
I accept your offer of £951 as a partial refund only. I shall be pursuing the remainder as previously notified, together with my claim from 27 June 2006 to date, as per the attached revised schedule. Please note I do not intend to claim the 8% interest at this stage.
Yes i would find that letter ok. You should be ok, make sure you quote your account number on the letters so they can't say they don't know who you are and also send the letter recorded delivery.
My advice is only my opinion, I am not a legal expert.
IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.
There's a great deal of confusion about this; you can't claim the statutory 8% interest until such time as you submit a court claim.
You can, however, ask for repayment of any interest incurred as a result of unlawful bank charges - Vamp's spreadsheet is fantastic at calculating this for you. That's to say, if, in month 2, you incurr £10 in interest as a result of charges incurred in month 1, you can ask for it back - or if only a proportion of that interest is attributable to unlawful charges, you can ask for that proportion of it back.
Am I making any sense?! ;-)
Fred_Funk
NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08
Hello again, I think I know my next move but wish to clarify.
I wrote on 2 Aug ;
"I accept £951 as a partial refund only.
I have been advised to pursue the remainder.
Please note I do not intend to claim the 8%interest at this stage and wish to acknowledge this earlier error on my part.
Please be aware there is a 14 day period for response after which I shall issue a claim.
etc"
Saturday I got the Stuart Higley "bog off" letter. Basically he feels charges were just, and the offer of £951 remains. He quote Office of Fair Trading only investigating credit card charges and not bank charges. The final paragraphs then give the address to which claims must be sent.
I could scan the letter at work tomorrow for someone to see, (if it is then possible to add scan to this forum please advise), but it does seem a standard letter.
It would appear MCOL is the next stage, am I right ?
Would it be advisable to accept the £951 now and close the book ?
Again, I do appreciate all the advice given on this and other posts.
When other claimants get the full repayment, does Natwest demand that the overdraft is repayed in full ?
My reasoning here is, I am claiming £1700 on behalf of my son who has a £600 overdraft facility. Nat West original offer was £951.
To aim for full repayment less the possible loss of facility netts off at £1100, a difference of only £149.
My theory is one of both sides thinking they have won by accepting the original offer and going no further with court action, then life can continue as normal. It would save any hassle and bad feeling as long as the overdraft facility stays in place.
Having read my last post, I realise what a silly comment I made.
The difference would not be £149 as the overdraft would still exist, so I feel I must continue.
Having read other threads, MCOL does not seem the way forward. Logically I now use the local Court Service to file my claim and pay my fee. I already hold copies of bank statements as back-up documentation, together with recent correspondence.
May I politely ask if I need anything else as I have never use the Small Claims Court before ?
its swings and roundabouts really! online is quicker but you dont have much room on the form, at court takes longer but not so limited on space, not sure how you attach i'm afraid, i went the old way!! hope this helps?
I QUESTION THEREFORE I AM!!
Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!
Dont use moneyclaim. Any time wasted by using the local county court will be caught up with when Cobbetts defend your claim. Moneyclaim will then transfer the claim to your court anyway. If you use your court from day one, you can ensure you steal half of Cobbetts defence by giving them fantastically detailed Particulars of Claim and the copy of the spreadsheet. I think Cobbetts can more quickly pay you if they can read your spreadsheet. Your claim may then be less complicated. Remember not to use the section in the claim form to write your particulars but use seperate pages and number each point. Use a bigger font (14) so the particulars take extra paper.and look more involved. Cobbetts will themn take more time and care reading and re reading it....all to Nat Wests expense.
Pursuing a claim on behalf of my son. Claim filed and Natwest response deadline set for 12 September. Since filing we have heard nothing, and have read on here sometimes the defence arrives on the final day.
My question is, what sort of defence may be given at such a late stage ?
When filing locally, not MCOL, I photocopied all bank statements for the relevant period to substantiate the accompanying spreadsheet. However, a NatWest questionnaire has never been received, thus never sent.
Is this as simple as it seems or am I missing something here ?
They Normally Respond With The Defence Stating That All Charges Applied Are Fair And Transparent Bla Bla Bla, Basicly They Told Me They Were Embaressed At The Lack Of Particularity Stated In My Particulars Bla Bla
Now That I Am Waiting For A Court Date They Have Decided To Offer Me Half Of What I Am Requesting Be Paid So Dont Panic, They Use Big Words And Word Things To Scare You But Keep At It And They Will Fold
I received a defence from cobbetts not the court the day after I put in for judgement,usual rubbish that they send to everyone, I am just waiting to hear from the court now, by the way, its been 4 days since I got the defence thing and CPR part 18
Priceless ... bl**dy priceless **WON**
. Our claim was £1695 plus 8% interest
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Originally Posted by blsclaret
