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.
To be honest, I've actually been a good little boy with my Natwest account the last 3 years, but between 2001 and the end of 2003 I know the Natwest fat cats made a tidy amount from me after I hit a bad patch.
So, it's now time to get back that money methinks; it may not run into the thousands, but as you guys keep telling everyone here... it's mine and I want it back.
I've got the S.A.R - (Subject access request) all ready to go today. I just need a couple of things confirmed:
1. Do I send it to here?
Mr. Alex Lyons
Data Protection Manager
Retail Regulatory Risk
2nd Floor
Business House B
Gogarburn
P. O. Box 1000
Edinburgh
EH12 1HQ
or is there another name or address it should go to? I read the contacts and noticed 2 or 3 addresses, so which is best.
2. I'll be paying for the S.A.R - (Subject access request) with a postal order; to whom do I make it out to?
3. I'm aware of the 6 year limit on claims and don't want to unnecessarily drag my case out by fighting further back than 6 years, but can I make my claim from today, since it is today that I am making them aware of their 'wrongdoings', or can I only claim form the date of the first "I want my money back" letter?
Thanks in advance for all the help you are going to be giving me.
Bear
btw. Mods, feel free to edit anything out that I shouldn't be posting.
1) YES
2) Natwest Bank
3) depends some claim 6 years from Prelim some claim from year dot. You play with the statute of limitations that way on the latter bit.
Thanks for the reply, Nattie; SAR goes out as soon as my labels get here.
Not sure what you mean by the last bit. I thought one could only claim for a max of 6 years. Aren't I just going to cause problems for myself if I take it back past 6 years?
Bear, I have not heard of anybody winning a claim further than 6 years, so I would keep your claim to the previous 6 years which would cover your 'naughty' period.
You can date your claim from the day you actually claim.
Hope this helps. I'm at the court stage - see my thread Mupster v Natwest.
Thanks to you too, Mupster. I'll just claim for the 6 years then.
Good luck with your case; it looks like you're pretty close, so I'll be watching to see how you do.
Bear
btw. Here's a point I would like clarification on if anyone knows. In 2003 Natwest 'made' me take a loan out with them to clear my overdraft (all charges). Since the charges were illegal, could I claim back the interest on the loan since I should never have had to take it out with them in the first place?
Interest was only a few quid (maybe 40- 50 quid) because it was a small loan (few hundred), but I'd be interested to know what you guys think.
On the loan thing, I keep out of those things, because there are occasions when people's memories seem to change in certain circumstances with a new benefit of hindsight. But if the route you are taking is the Loan Gizmo, a site helper is the best person to advise.
there are occasions when people's memories seem to change in certain circumstances with a new benefit of hindsight.
Not quite sure what you mean by that.
I should have pointed out that my question is/was purely hypothetical. My claim will be purely for 'physical', easy to prove, unfair charges. I doubt there is any way one could win a case based on the 'evidence' I suggested above. So if that's what you meant, then I do know what you mean.
You have piqued my curiosity though with the phrase "Loan Gizmo"; anyone care to enlighten me further.
what I meant is that there is genuine misselling of PPI, and there is ppi claims which IMHO are not, where the ability to claim changes the memory of an individual. It varies from case to case and there are cases that I have read was not misselling but simply knowing no better and then choosing to claim it back. That has consequences, staff losing their jobs is the ultimate sanction which is why I cannot get involved. To help get someone the sack for me is reprehensible to me personally as a member or staff. As I said, charges on personal accounts are one thing and that bit I can help with, loans as a result of charges I have no problem with but the rest is not which is just my own opinion.
In relation to Loan Gizmo. Gizmo is a Site Helper who has claimed on the loan- sorry for the misunderstanding on that last bit.
That clears things up nicely. I understand what you mean now, although I wasn't actually referring to PPI at all. I was talking about the bank 'advising' me to take out a loan (with them) to payback an overdraft consisting totally of charges.
That said, I still wouldn't try claiming it back as I always had the choice; I could have said, "no, I'll pay it off some other way".
I totally agree with you about staff losing jobs through clients mistakes; that's not on at all.
As for my claim, I finally got my SAR ready for sending and it will be going out today.
Looks like we're off! Well... nearly. I've got a couple of simple Q's before I start, though.
1. Only got statements, no written notification of any sort about whether any manual interventions had been made. Should I worry about that too much?
2. Have started checking through my statements; I'm intending to claim back the following:
a) Card Misuse Fees
b) Unarranged Borrowing Fees
c) Unpaid DD Charges
d) Paid Referral Fees
Anyone see any problem with that?
3. I've got a £10 Loan Arrangement Fee on here; can I claim that back? Loan was only for £350. I've had loans many times before from banks and never been charged an 'arrangement' fee. Any ideas? (Nattie?)
1) that should mean no manual intervention
2)fine
3) not sure check with gizmo111 on that one
As always, Nattie, many thanks. You really are a diamond.
I'm not going to bother with the arrangement fee. Things have been looking good for a few people this week and I'm not going to add anything that could hold up a possible early result.
That said, I now have my total, and it appears as if I wasn't quite as naughty as I thought I had been.
I'll be sending off my prelim letter tomorrow and am asking for the return of a mere £599. If I have to go to court there will be an added £234 in 8% interest, plus fees, etc.
I did make a minor cock-up; I didn't claim for any interest on the charges. I got the Contractual, S69 and 'actual interest charged on charges' mixed up. So, thinking I could only claim Interest at the Court stage, I claimed none of them. :grin:
Not to worry; if they settle for the £599 at the Prelim stage, I'll be chuffed. If not, I'll just add the S69 (£234 and climbing) at the Court stage. I'm not greedy.
Nattie, you're right again; Mrs Tudor's confirmation of no intervention arrived today.
The ball's in the back of the net!!! We have another winner, folks.
Feeling kind of good right now. Got an offer of full settlement (after just my prelim) with the usual, "fair, reasonable, blah, blah, blah." I just have to send back my reply for a payment into my account.
I'll be donating my 5% (£29.95) as soon as it's in my account. I tell you, it's going to be the best money I've ever spent relating to bank business.
Super advice at a bargain price. Thanks to all at CAG.
OB
btw. I'd be grateful if a Mod could change the thread title for me.
Please read the Stickies and FAQs. Your question may have been answered already.
Old Bear vs. NatWest - won after first letter £600
Mrs Bear vs. Studio - won after first letter £360
Old Bear vs. Abbey - won after first letter - only £50, but it's the principle
Old Bear vs. Black Horse - £117 of charges wiped off 2 loans, but more WILL follow
Mrs Bear vs. Index (Littlewoods) - SAR sent - 2/2/2007