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After a few weeks of occasional browsing on this excellent resource, I now feel confident in staking my case to Natwest. I have prepared my spreadsheet, and will be claiming the charges, the interest on charges, and when it goes to small claims the 9% statutory interest on the total claim. From what I have read, this seems to be the most common cause. The arguments for and against contractual interest make interesting reading, but after a few pages just gave me a headache trying to follow all the points of view. I understand what I am claiming for, so it only makes sense to me to claim for that which I would potentially present to a small claims court.
Furthermore, following the numerous successes of those courageous ones on this forum, i find confidence knowing there's 1000's of people out there all striving for their own claim success; reclaiming every last penny of charges and interest due from the banks. Something I think is taken for granted on this site is the point of view that we're entitled to this "refund". I must say i find it slightly cringe-worthy to read phrases such as "I got £x out of y bank", as if this is some sort of alternative money spinner. I believe there are many people out there, who like me, first of all questioned the case of these claims, and look dubiously at the threads of this site. However, having read with enthusiasm many of the cases, esp. Natwest, the understanding of the process, and the reasoning behind the claim, I feel internally comfortable about what I am (going) to do. Your forum provides great motivation to get the claim in action, and so, enough waffle. The initial letter of intent goes out tomorrow.
Hi chargedcase, and welcome on board the nat west forum! You'll find loads of great help and support on here, so if you ever get stuck - just post on this thread as there's always someone around to help!
I think people get really excited when they get a win from the banks because for years they thought they just had to take everything the banks threw at them (very often being charged ridiculous amounts of money for going a couple of pence overdrawn!!!) The beauty of the CAG is that it empowers people and makes you realise that the banks have charged us completely unlawfully........... and the money never should have been taken from us in the first place!!!!
Good luck with you claim - keep us posted!!!! And don't forget to send your prelim to the Borehamwood address (recorded delivery). Best wishes, hedgey xxx
There are many sites out there if you look about reclaiming charges back but very few that have a successes board with everyone getting 100% back on their charges like the CAG
Well 14 days are up and now I will send the lba out. I've had a look at quite a few other recent threads and it seems the people are getting confused about the interest claims on their charges:
-it would seem the complex spreadsheet for bank charges and interest calculation is not being used as part of the standard "template" procedure- the very name must put people off. However, it is easy to use and saves time when calculating the statutory interest at the POC stage of court application.
- I have seen instances where people have missed out on claiming the interest on charges, since it would appear Natwest are now regularly(?) offering full repayment of charges only following the prelim letter (if the person only claimed charges without interest), hence forcing the claimant to accept the offer, so they not only miss out on the interest on charges BUT also the statutory 8% interest on the whole claim at court stage.
This brings me to a concern for my own claim. What are the chances of receiving an offer of the full claim I made ?(i.e. charges + interest-on-charges, as calculated by the template complex spreadsheet). if so I will feel aggrieved, since the claim is just shy of 2k, i will miss out on approx. £700 statutory interest (as of today), since the charges go right back to '01.
My other concern is this - like many others my account was defaulted, several years ago, then Tweedle Dumb Tweedale took over the account, and now my credit reference reports show no sign of the account, despite the fact I am still paying £15/month to Natwest! So can I take this as granted that the account is now closed? And therefore avoid the dreaded scenario of having the anticipated claim funds payed into a dead, defaulted account?
A lot of information, but hope someone can make head or tail of my concerns. And apologies in advance for sobering anyone up on a Saturday night.
I noticed on my copy of the claim form the Court clerk had incorrectly filled in the amounts box in the bottom right hand corner of the N1!
Reads:
Amount claimed 2576.68
Court fee 120
Total amount 2676.68
Hopefully the other copies show the correct amount, though I am slightly sure this is not too important.
Cobbletts sent their introduction letter with acknowledgement of service dated 4-6-07.
If you've been reading other threads, you know that will really be worth waiting for. You could probably write it for them, save them some time.
Steven
If this post is helpful, please click the scales
Any opinions are without prejudice & without liability.
Almost everything I know concerning the law I learned from this site
Steven
Using CAG Toolbar will generate much needed income - Download Here
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My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Today I received an offer from Natwest for £18 less than the total sum of charges I am claiming for. I think this must be a new ploy. Cobbletts sent an acknowledgement of notice to me dated 4th June. The next day Natwest wrote this standard offer letter... The envelope was franked without date. And they sent me some new T&Cs! (The account(s) are with Unidebt.)
They certainly play a game of numbers, at least they have accepted they're going to have to pay out. They are about a grand out given the interest on charges, statutory interest + court fee.
Off to search for the standard offer rejection letter following court action initiation...
This is was I got today, for the defence, dated 19 June 2007
As in
1. the defence is filed and served without prejuduce blah blah do not disclsoe reasonable grounds blah blah will apply to strike out the claim and/or for summary judgement .....
2. On allocation the defendant invites the court to direct that there be a case management confernce blah blah properly particularise the claim
3. No asmissions blah blah
4. in relatin to the allegation blah blah folowed by stuff about the UCTA 1977
5. Load of tosh about SGSA 1982
6. The Claimant's claim for costs not being sufficiently particularised blah blah
7 save as herinbefore (now there's a good word to casually slip into a conversation!) blah blah
My local court is more than two weeks behind opening the post. THen they've got to prepare the paperwork... I would guess three weeks for you to get stuff from the court - notice that a defence has been served and the aq if they are using them. In our last two cases we have got the notice and the AQ stapled together in the post.
Steven
If this post is helpful, please click the scales
Any opinions are without prejudice & without liability.
Almost everything I know concerning the law I learned from this site
Steven
Using CAG Toolbar will generate much needed income - Download Here
Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial
My Wins
GE Money Won unconditionally May 2007 NatWest Won unconditionally August 2007 BrighthouseWon unconditionally August 2007 GoldfishWon unconditionally April 2008 (including CI on the basis of Sempra) Clydesdale Financial Services (now BPF) Won unconditionally February 2008
Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.
Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.
Got the aq today, stapled together with another copied defense of Cobbetts and N152- notice that the defense has been filed which I received from Cobbs- last week.
The AQ looks fairly simple to fill in, its the N149 version. I feel particular contempt for the defense effort as my eyes cast over it once again. It has compelled me to write something extra in the Further Information section that will create more effort on Cobbetts part...any ideas!?
I sense things will move along more rapidly now. Time to look at the court bundle stuff?
Thanks for that Hedgey. Interesting that poll shows roughly 40/60 split. 2 out of every 5 who've used this have had their order accepted...
regarding the link above, I am confused as to which type of statement of evidence applies for Natwest cases, I know I have not thought about this!:
The first statement is to be used if your bank has defended the claim on the basis that the charges are a legitimate contractual service charge - Ie. Lloyds TSB
The second statement is to be used if the bank has defended on the basis that the charges are proportionate to, or a pre-estimate of, their actual losses - Ie. Abbey
The defense I received is as follows (and as above, quoted from Steven4064). I think mine below is of the "POC not properly particularised + case management conference" variety, but is there a standard statement of evidence that Natwest victims have used?
1. the defence is filed and served without prejuduce ... do not disclose reasonable grounds for bringing a claim against...In the event the Claim is not properly particularised then the Defendent will apply to strike out the claim and/or for summary judgement .....
2. On allocation the defendant invites the court to direct that there be a case management confernce ...properly particularise the claim...
3. No admissions are made as to what charges have been debited to the Claimant's bank account.
4. UCTA 1977
5. SGSA 1982
6. The Claimant's claim for costs not being sufficiently particularised, the Defendant is unable to plead and reserves the right to plead upon further particulars
7 Save as hereinbefore appears the Defendant joins issue with the Claimant on the claim(s) and denies that it is liable to the Claimant as alleged or at all.
Charged-case for Natwest
. I have prepared my spreadsheet, and will be claiming the charges, the interest
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Originally Posted by charged-case
