Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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BAILIFFS - The Law and Your Rights

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  1. #1
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    Default Me against the Natwest X2 **I'VE WON, I'VE WON!!!**

    First of all can I just say that until I found this site I had no idea that there were so many people in the same boat as I am in. It has now been a great help and inspiration to read that so many people are taking on the banks and winning. I have now started the ball rolling and will now hopefully get something back at a time where I really could use a helping hand.

    I did read the FAQs although some of the information went right over my head... I need to find a brain at some point.

    I have opened another account in another bank and hopefully that will be the start.

    I sent two DPA's on the 20th March, I have had statements back from one of the accounts, and have phones to query where the other set are and there is no record of them recieving my letter... thank god for recorded delivery!

    Im now debating whether to send them a reminder letter or just let the 40 days elapse and report them... think Im going to let the 40 days elapse.

    I have gone through the set of statements now from the first account, and found much to my amazment that I was charged a whopping £568 for a period of 12 months. Now that is an awful lot of money to me that Equates to a months mortgageicon or other bits and pieces I have had to do without over the last 12 months.. and I know there is another charge of £28 to go on there. Im now waiting for my statement to come through to show me where this has come from.

    Thats one account down, Im now waiting for all of the other information to come through. I know the next account is going to be horrendous... Im fighting a loosing battle at the moment to keep afloat and its not easy.

    However, all of the information here, and reading about everybody else's results has really helped to put determination to complete this effort.

    Thanks to everybody this is just what I need.

    Lynne

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  2. #2
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    Default Re: Me against the Natwest X2

    Hi Lynne,

    Welcome aboard the same boat...

    Regarding DPA requests - you have made the request, and are not obliged to send a reminder. However, contacting the bank after about 30 days does 2 things:
    • Reminds them to get the info to you, so you can make a more accurate estimate of the refund you request
    • Demonstrates that YOU are making as much effort as possible to resolve the issue
    However, if they don't comply, then you should report them.

    As for the rest of it, you seem to have a reasonable handle on how the timetable works. Keep checking the following FAQ link, just to make certain that 4 weeks down the line everything is crystal clear:http://www.consumeractiongroup.co.uk...read.php?t=243

    Good luck.

    Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

    All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. 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.

  3. #3
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    Default Re: Me against the Natwest X2

    Just another update, sent two more letters to the Natwesticon, one asking for my charges back the other saying that their 40 days was up, I hadnt heard from them therefore, I was going to report them and I would like my statements.

    got a letter back 4th of May saying nope you cant have your charges back... onto the next step now...


  4. #4
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    Default Re: Me against the Natwest X2

    Well I got all of my 6 yrsicon worth of statements, and I waded through them with a highlighter pen, then put them onto the spreadsheet... and I can't believe the amount at the end... a whopping £3553.50.. Im still in shock but my first request for payment is going off tomorrow, and also a letter before actionicon for my other acount which doesn't have anywhere near that amount.

    Im still in shock that I have paid so much in charges. Oh what could I do with that kind of money now...

    spend it of course....


  5. #5
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    Default Re: Me against the Natwest X2

    Ah well it had to happen, I seperated my claims for my charges back and now have had a nice letter... from Stuart Higley saying I have all ready said that there is nothing at all I can do... go away and by the way I have informed the litigation team that of your intentions... thought it was too good to be true so... Ive started my money claim, saying that the combined total including interest is mind numbing, its over the £5k. Im still in complete shock now, I hope that this works I have faith and I will keep going with it... but a little bit nervious now.

    I do have faith, I will win...

    keep telling myself that as yet another £38 charge hit my account for what being over my overdrafticon limit by pennies.

    Here goes


  6. #6
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    Talking Re: Me against the Natwest X2

    Well I did it, I finally did it,

    I've filed a claim today against the Natwesticon....

    Oh dear Im shocked but so happy that Ive done it now


  7. #7
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    Default Re: Me against the Natwest X2

    Nat west aknowledged my claim today...

    I think its a bit ironic it being 06/06/06 wonder if they are the devil...

    ah well 26 days and counting


  8. #8
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    Default Re: Me against the Natwest X2

    This is just a quick update. Natwesticon have decided to defend my claim, so we shall see what happens next...


  9. #9
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    Default Re: Me against the Natwest X2

    In rbrears thread ('My claim against Natwesticon') they waited until the allocation questionnaireicon stage before giving in and refunding the whole amount. So stick with it and keep us posted.

    If you found this post useful please click on the scales above.

    Egg - £400 - Prelim sent. On hold.
    Mint - On the list Est £800
    GE Capital - On the list (3 accounts!) Est £4000

    MBNA - £545 Prelim sent 13/11/2006
    LBA sent 1/12/2006
    £350 partial payment received 18/12/2006.
    Full settlement received 20/1/07

    NatWest - Est £4000 not incl interest
    Data Protection Act Sent 10/1/07
    Statements received 24/1/07
    Prelim sent 3/2/07
    Full Settlement received 22/2/07

    The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

  10. #10
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    Smile Re: Me against the Natwest X2

    Quote Originally Posted by thecornflake
    In rbrears thread ('My claim against Natwesticon') they waited until the allocation questionnaireicon stage before giving in and refunding the whole amount. So stick with it and keep us posted.
    Im sticking with it... its strange I would have been panicing by now, but by keep reading the site, and sticking to the proceedures have actually given me confidence that I would normally not have...

    My Mum on the other hand went into a huge panic when I told her what I was doing, shes 72 and thinks that the banks cant be wrong... but since shes never ever paid a bank charge, she also cant understand how Ive ended up in this mess.

    But I have time, the clocks ticking and well I know its all going to turn out well.

    thanks everyone for your help


  11. #11
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    Default Re: Me against the Natwest X2

    Quote Originally Posted by bs0lth
    Ah well it had to happen, I seperated my claims for my charges back and now have had a nice letter... from Stuart Higley saying I have all ready said that there is nothing at all I can do... go away and by the way I have informed the litigation team that of your intentions... thought it was too good to be true so... Ive started my money claim, saying that the combined total including interest is mind numbing, its over the £5k. Im still in complete shock now, I hope that this works I have faith and I will keep going with it... but a little bit nervious now.

    I do have faith, I will win...

    keep telling myself that as yet another £38 charge hit my account for what being over my overdrafticon limit by pennies.

    Here goes
    Was the claim over £5k excluding the interest? If it was, I'm just wondering if this is why they are defending it, as this would entitle them to claim costs if they win.


  12. #12
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    Default Re: Me against the Natwest X2

    Quote Originally Posted by podgydad
    Was the claim over £5k excluding the interesticon? If it was, I'm just wondering if this is why they are defending it, as this would entitle them to claim costs if they win.
    My whole claim was for £5092 including interest and charges, I had an extra set of charges that pushed the claim over the £5k and decided not to include those. I have not at this time heard anything from them, or had the questionaire yet so heres hoping...

    Mind you I have had a letter from them telling me my account was being charged a referal fee, thats the first one in years... it got me wondering why?


  13. #13
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    Default Re: Me against the Natwest X2

    Just a quick update...

    heard nothing at all, no questionaire nothing... ah well patience is a virtue I have been told...

    But I want it to happen NOW!!

    well they have until Friday to sort it all out...

    weeee what a week this is going to be

    I can hear that ticking clock


  14. #14
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    Default Re: Me against the Natwest X2 I need Help!!!!

    Hi, well this weeks dragged, however, my claim was accepted on the 2/6 and that means that today is the last day for the Natwesticon to file a claim. I need help because I have heard nothing at all, no phone callsicon no letters nothing, I keep logging onto the Moneyclaim site to see if they have logged a defence but nothing, not court questionaire...

    Now the help bit, Is anybody at all out there in the same boat as me, Im hoping that I can get a default judgement as they havent filed. Also are the 28 days from me filing or them acknoweldging... I sort of know its from me filing but wanted to be sure...

    I think it must be just me... i must smell or something and they dont want to talk to me...

    thanks if advance for anybody that can help


  15. #15
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    Wink Re: Me against the Natwest X2

    I phoned moneyclaim thought that they would be able to answer my question. I looked on the Faq and other posts and couldnt really find an answer... but money claim said that the 28 days started when they recieved the papers... thats 5 days after I submitted the claim... which means if they dont do anything before the 5th of July then I can win the judgement by default... which is all well and good... but its been 28 days since they acknowledged the claim... so really they have more time... ah well another 5 days to wait... takes me to wednesday next week... oh how I wish that time wouldnt drag...

    eeek forwards and onwards, its not like i couldnt do with the money...


  16. #16
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    Default Re: Me against the Natwest X2

    Well today is the last day for Natwesticon to file a defenceicon... but watching others on here I reckon natwest will have either served the defence today or will late tomorrow... nothing is ever straight forward....


  17. #17
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    Default Re: Me against the Natwest X2

    Natwesticon filed their defence today at the last possible moment... deadline midnight, so Im now waiting for my questionaire and letter from Corbetts... or should that be ronnies


  18. #18
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    Default Re: Me against the Natwest X2

    Just want to say good luck


  19. #19
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    Default Re: Me against the Natwest X2

    Good luck
    I'm about to do battle with Natwesticon as well so I shall be especially interested in where this goes.

    Donethat


  20. #20
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    Default Re: Me against the Natwest X2

    Hi Lynne,there 's about 4 of us at this stage in our claim,Cobbetts will have sent you the same doc as us.Turn the last page back(crafty) on itself...does it say?

    claiment ****
    and
    defendant NWB

    CPR part 18icon REQUEST

    Part 18 does not apply to the small claims track.(CLAIMS UNDER £5,000)
    Barracad says<
    There is no need to respond to part 18 requests other than to point out that you consider that the inquiry is intimidatory as part 18 is excluded and that you intend to bring the intimidation to the notice of the court.>
    hopefully you will get your money back soon
    Tim



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