Thread: Reesdance1 v Natwest **WON**

hi after the usual steps of sending letters asking to reclaim my charges with Natwest,ive had to take the case to the small claims court via "moneyclaim" online. now im scared as i dont like the idea of it going all the way and me havin to turn up at court. i dont feel well armed enough.the court issued the claim today 2.1.07 and have given the usual 14days for natwest to reply. any advice on what i can do to prepare me for the next step? the amount of charges plus costs comes to just under £1500.what are the chances of natwest taking it all the way?

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If you have come this far, you can get to the end. If Natwest do not defend the case, you can then progress to judgment by default.

However, at this stage, you should await a letter from the court, 'Notice of Issue'. That will show the date that NatWest is deemed to have received the claim. Then, count 14 days from that date. If they have not done anything by that date, progress to judgment by default at MCOL. If they acknowledge the claim before that date, it means that NatWest have 28 days from the date that it is deemed to have received the original claim. When they do acknowledge your claim, the court will send you the acknowledgement of service. Do not be scared.

thanks,nice to know theres support out there and im not fighting the big baddies alone ! ! im just wondering if i made a mistake by putting natwests headoffice address instead of my local branch address on the court claim.also from reading other threads im seeing "submit a schedule" to the bank or court. what does this mean? starting to panic again now eek !! what if ive done it all wrong.............

Hi all and happy new year

Just starting the process of claiming charges back from the Halifax through the small claims court - any tips would be gratefully received

Ho address is the correct one to use.

also from reading other threads im seeing "submit a schedule" to the bank or court. what does this mean?

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

The Court Manager,
Money Claim Online
Northampton county court
21-27 St. Katharine's Street
Northampton
NN1 2LH

Dear Sir/Madam

(Your Name) –v- (Bank)
Claim No: ********
Date Issued: xx/xx/xx

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.
Yours sincerely,

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

Dear Sir,

(Your Name) -v- (Bank)
Claim No: ********
Date Issued: xx/xx/xx

Please find enclosed a copy of my schedule of charges relating to the above claim.

Yours sincerely,

Originally Posted by Noticeboard

Hi all and happy new year

Just starting the process of claiming charges back from the Halifax through the small claims court - any tips would be gratefully received

Start your own thread in the Halifax forum and you'll get plenty of help there:
HALIFAX BANK
http://www.consumeractiongroup.c o..../halifax-bank/

hi i have ended up having to take my claim to mcol,and Natwest were issued today with my claim. i am very nervous about this but intend to go all the way if need be to fight for justice against these tyrrants who make peoples lives a misery with their rediculous charges. its good to know i have the support here and will keep you updated. the worst thing for me is hoping i have followed the correct procedures,which i think i have done by taking the initial basic steps,but now its gone to court im beginning to shake in me shoes a bit !!

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

The Court Manager,
Money Claim Online
Northampton county court
21-27 St. Katharine's Street
Northampton
NN1 2LH

Dear Sir/Madam

(Your Name) –v- (Bank)
Claim No: ********
Date Issued: xx/xx/xx

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.
Yours sincerely,

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors (Cobbetts), since they are the ones who will now be dealing with your claim

Dear Sir,

(Your Name) -v- (Bank)
Claim No: ********
Date Issued: xx/xx/xx

Please find enclosed a copy of my schedule of charges relating to the above claim.

Yours sincerely

do i draw up a list of dates and amounts of charges and then add interest at the end? also im not sure of the interest calculation,do i add 8% interest to the overall claim amount which is £1270,how do i do this to ensure im completing a schedule list correctly? sorry to sound so vague but this is one area thats had me scratching my head !!

Just to be clear have you filed a claim at court?

yes i filed a claim with mcol last week and they said the claim had been issued today.

Did you claim s69 8% interest and if so how did you work out the figure without using a spreadsheet from this site.

If you didn't claim it, the only way you can do so now is to amend your claim (£35 fee - unreclaimable)

do i draw up a list of dates and amounts of charges and then add interest at the end? also im not sure of the interest calculation,do i add 8% interest to the overall claim amount which is £1270,how do i do this to ensure im completing a schedule list correctly?

i did claim s69 8% interest and i multiplied the total amount £1270x8% but not sure ive done it right

i did claim s69 8% interest and i multiplied the total amount £1270x8%

Unfortunately it's not that simple. The 8% is worked out on each charge from the date the charge was incurred to the date of filing. If you have 40 charges there are 40 separate calculations, which is where the spreadsheet comes in:

Use the Simple S/S here:

http://www.consumeractiongroup.co.uk...eadsheets.html
and guide here:
http://www.consumeractiongroup.co.uk...html#post50088

Overwrite the existing examples type of charge, amount and date.

The days since and 8% will be calculated automatically


Depending on how far back your charges were, there may be a considerable difference on just 8% of £1270

Michael

Thanks for the bit on the 8% just put it into the spreadsheet as per your link and got a hell of a lot more interest than i totalled up doing it the other way!

hi can anyone give me an idea on how i should set up a letter of "schedule of charges " which seems is advised, that i need to send to cobbets and to the court. do i need to list each individual charge and date and do i add the 8% interest at the end of the total amount claimed?does anyone have a schedule i can look at to have an idea thanks.....feeling out of my depth,received "acknowledgment of claim" from the court today,which states the defendant has 28days from 9th jan 2006.when would the precise date be,if its from 9th jan i make it 5th feb before i can do anymore,is this date correct? not sure what else i should do now ....besides feeling nervous eeek!!!!!!

have you sent any schedule at all to Natwest? Because you should have sone this before the court proceedure, with copies of bank statements?