Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Suddenly hit for fees galore by Nat West whilst on holiday during October this year. Misjudged my account and paid £218.00 fees. Decided enough was enough as some of the fees of £38.00 were for debits of £2.67 and £7.39. A cheque was also submitted twice and charged twice as unpaid. Reviewed my bank statements and found that over the in date years I have paid almost £500.00 in fees. Luckly for me someone recommended CAG so the first letter reclaiming £452.00 in fees was issued on the 29/11/06.
Suddenly hit for fees galore by Nat West whilst on holiday during October this year. Misjudged my account and paid £218.00 fees. Decided enough was enough as some of the fees of £38.00 were for debits of £2.67 and £7.39. A cheque was also submitted twice and charged twice as unpaid. Reviewed my bank statements and found that over the in date years I have paid almost £500.00 in fees. Luckly for me someone recommended CAG so the first letter reclaiming £452.00 in fees was issued on the 29/11/06.
As there was no reply to this letter 2nd letter issued requesting the same amount on 13/12/06
Natwest has replied on 21/12/06 thanking me for bringing to their attention where constomers feel that they have fallen below expected standards. The matter is unresolved at present but someone from the Customer Relations Unit will contact me in two days. Alternatively I can 'phone them on an 0800 number.
Further letter dated 04/01/07 received from Natwest. Still unable to respond and thank me for my patience. Will now respond asap and signed with a pp signature. Shall I give them more time or proceed to Court?
It appears as though you have followed the procedure for reclaiming so far - I take it you have issued a Prelim and the lba?
If so, and the 14 days have expired on these letters - and they have still not paid you - then certainly proceed with court action.
I would recommend issuing the claim in person with an N1 claim form rather than online - it saves confusion in some cases later on and (in my opinion at least) looks more professional.
Are you familiar with the steps needed from here?
We have the N1 form in pdf and the wording you will need in our templates library... Be sure to make 3 copies of this and also 3 copies of the charges spreadsheet (if you haven't made one yet then you can do so now, it's no big deal). Take 2 copies of each into court and keep one of each for yourself.
..
.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
Thanks for your help. The two letters have been sent and I am now sorting the claim out. I believe that the next stage is the defence then aq, then offers letters.
Thanks John, I have added on the interest and have completed the form N1 (x 3) today. I have also received a third letter from Nat West apologising for the delay and asking that I bear with them. I intend submitting the claim as soon as possible.
Letter received from Natwest today with numerous leaflets. After a number of paragraphs explaining how for years NatWest have provided Free Banking to customers goes on to say..............
'... we do not agree with the basis of your complaint. We believe that the charges we levy are for providing services and that they are not penalties or charges for default. Furthermore we believe that these charges are fair, reasonable and transparent'
However they also say that after reviewing my case and as a gesture of goodwill they will refund that amount in full direct to my account. Naturally I must sign a declaration, etc and accept that should I challenge any further charges I may accrue then my entitlement to an account may be reviewed.
Whilst I should probably accept this offer the problem is that I have received additional charges since submitting the claim and which were included on my N1 form (yet to be submitted). Should I write and inform them that naturally I thank them for their offer but now wish to recover additional charges?
If they are actually offering to refund the entire amount that you had previously asked for, then you really should accept it. The offer also includes provisions based on a threat of account closure, so you should really put a line through the statement and return it (so that you are, in fact, only accepting the refund)
If they subsequently withdraw their offer, then proceed with the claim through the courts and you will get the full amount back without conditions.
As to the matter of additional recent charges, I would say that dealing with this gives you a few options
(a) Write back now and state that there are additional charges which, if included in the offer, will be acceptable as settlement
(b) Forget about them for a short while, get the account back in order and running well and then submit a new request in, say, 6 months
(c) Forget about them on the basis that it might help you to keep this account open for the longer term
I give these choices because this is YOUR claim and only you can decide what is best for your own circumstances. Personally, I would choose (a) or (b) but you have to be aware that in doing so, you might just tip them towards an account closure.
If you don't really care about the account and can move freely elsewhere, then most certainly (a).
Overall, this seems like a great result - money back and no need to pay up for court costs and the longer wait for money.. well done!
..
.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
Thanks for the advise. I have today replied that I am not accepting the conditions but am willing to accept payment of £525.00 as Full and final settlement without conditions.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
Still no reply from Nat West Customer Relations. Telephoned them to enquire as to reason for delay at which I was told that as I rejected the offer they do not generally reply and leave it with the customer. Pointed out the poor service in this to which the reply was that they also may not have received the letter.
I was asked to send a copy of my perviosu letter with a covering letter stating that they are to reply within fourteen days. Apparently the customer service group are seriously behind schedule due to the backlog of claims. Letter completed and to be posted in morning.
you have given them more then enough time .They are just using delaying tactics and will not take you serious until you file your claim if you have already sent your lba then immediatly file a claim into court that includes all unlawful charges to date and a revised schedule. .You need to show them you are serious .With you leaving it this long since you started and letting them dictate the pace you are letting them give you the runaround.
You now need to take charge of this claim
When you want to fool the world, tell the truth. Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any
doubts.
I'm a little confused by this thread. You say you have completed your N1, but have you actually submitted it yet? Please update as you need to get back on track and start regaining control of your account.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Sorry for lack of action, unable to submit claim due to personal reasons. Have today sumitted the claim in Court. I had preceded this with a letter giving seven days for a reply but again no reply.
Confirmation received from the Courts that the claim as been accepted as served on the 1st May 2007. Now awaiting any reply. I must admit that I did not offer the additional twenty pounds although I had enough of a problem finding the Court. It is a new Court and on entering the security guard asked me where I wanted. Once I had told him he replied that he did not know the place but, give him credit, he asked the receptionist behind the counter. Turned out the claims counter was about ten yards behind him, through the double doors.
If I remember correctly I had other thoughts on my mind as I walked through the doors, possibly a bit derogatory. Great idea though to have the forms on CAG. One counter, two people in front of me so after a few tuts I joined the queue. Turned out both the people in front were told their claims were wrong/incomplete so they were sent away to do them again. Mine was on the ball so pay the fee and it was sorted. Reminded the guard on the way out where the small claims section was.
dave882 v NatWest **WON**
during October this year. Misjudged my account and paid £218.00 fees. Decided enough was enough as some of the fees of £38.00 were for debits of £2.67 and £7.39. A cheque was also submitted twice and charged twice as unpaid. Reviewed my bank statements and found that over the in date years I have paid almost £500.00 in fees. Luckly for me someone recommended CAG
so the first letter reclaiming £452.00 in fees was issued on the 29/11/06.
Reply With Quote
Originally Posted by dave882
Re: dave882 v NatWest
naughty 