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.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Kotum45 v Natwest **ANOTHER WON**

    Hi,
    I have just seen the five news which encouraged me to do a research and I found this site. However before I found this site I wrote an e-mail to Natwesticon regarding the charges going back only 3 months and I demanded them to be refunded. Also I only asked for £38 and £35 charges (2 £35 and 3 £38) which total £184. I think the other charges are for OD interesticon. Did I ruin it before I even started by asking for the past 3 months as I am scared it will look like I have accepted the previous charges.

    Also I called the customer services and asked for all my statements in the past 6 yearsicon, they said "I need to call in the morning before I put the phone down the guy said " oh can you please wait as a customer manager wants to speak to you, it is just a quick review of your account" I said "tell him to call tomorrow" and put the phone down as I thought they might have guessed that I was about to start claiming charges.
    Am I being paranoid???

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  2. #2
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    I am sure that they have guessed.
    Don't worry.
    Start again. Send the DPA letter in the library.
    Calculate your charges
    preliminary letter - 14 days
    letter before actionicon 14 days
    Send the good newsicon

    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.
    Please include a link to the post you want me to look at. If you have received a defence, contact me.
    Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

  3. #3
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    Default

    So you don't think I ruined it by the initial e-mail


  4. #4
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    Default

    No

    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.
    Please include a link to the post you want me to look at. If you have received a defence, contact me.
    Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

  5. #5
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    Default

    The initial email is irrelevent


  6. #6
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    Default

    I have one more question..
    I am supposed to claiming only OD and DD charges right? I can't claim for charges for gold account or interesticon?
    Also let's say by mistake I claim charges I shouldn't, wouldn't that make my case void.
    This is my final silly question, I promise


  7. #7
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    Read the FAQs and the forum material and you will understand the principles upon which you are claiming.
    Don't forget that you could end up in court and you had better understand what you are doing

    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.
    Please include a link to the post you want me to look at. If you have received a defence, contact me.
    Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

  8. #8
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    Default

    What I require
    I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdrafticon interest for the sum which you have taken. Total £XXXXX

    I have copied the above sentence from the preliminary approach letter. I am confused about the "plus XXX" part. How do I calculate this? Is this the 8% statutory interest or is it different?
    I am about to send the letter just making the last touches, could anyone please answer if you know the answer to my question.
    Thanks


  9. #9
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    ok, here goes.

    The 8% part is only once you issue court claim, so don't worry about it just now.

    The "+ xxx interesticon" part is for people who want to reclaim the additional interest that was levied on the charges, on the unauthorised o/draft, etc...
    I personally think it's easier not to bother, just claim the charges, keep it simple. Also, it means that if the bank use the "we should be entitled to get something", the answer is "you are, you're getting to keep all the accrued interest".

    Apologies to people who I was in the process of helping, I may be gone some time.

  10. #10
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    Default

    Thanks a lot.
    In that case my first letter will be on its way tomorrow.


  11. #11
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    Default

    As you might see from my first post, I had written an e-mail to Natwesticon asking for the charges for the past 6 months. At the time I didn't know that I could claim for 6 yearsicon.
    Since then I sent them another e-mail asking them to disregard my first request as I will be making a claim for 6 years.
    Today I received a reply, I will summarise it for you.

    "We are sorry to hear you are not happy. All charges for the past 6 months are correct. You are claiming £184 but as a goodwill gestureicon we decided to refund you £100. In order to credit the money back into your account please sign below and send this letter to us."

    At the bottom of the part I am supposed to sugn it says
    " I agree that this is final and full settlement for this matter"

    I am obviously not accpeting it.
    What do you think?


  12. #12
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    Default well put it this way

    you seem to be more successful than me - at least you got an offer - but there again I would have been very surprised - nay shocked - if they had offered to repay any part of my claim (£2300) without a fight!

    It appears that they know you are in the right and hope you will accept the lesser amount than fight for the full amount.


  13. #13
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    I think they're taking the p!ss.

    I would insist on the 6 yrsicon disclosure, and tell them to stick their goodwill gestureicon where it will do the most good...

    Apologies to people who I was in the process of helping, I may be gone some time.

  14. #14
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    Default

    Hi,
    Unfortunately I don't know how much they owe me as they haven't sent me the statements dating back 6 yearsicon. At the time I made my initial claim I didn't know I could go back 6 years.
    Anyway now I wrote to them refusing their offer and I told them that I will be suing them for all the charges going back 6 years. (Once I receive the statements)


  15. #15
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    Default

    Quote Originally Posted by kotum45
    Hi,
    Unfortunately I don't know how much they owe me as they haven't sent me the statements dating back 6 yearsicon. At the time I made my initial claim I didn't know I could go back 6 years.
    Anyway now I wrote to them refusing their offer and I told them that I will be suing them for all the charges going back 6 years. (Once I receive the statements)
    Shows the value of reading the FAQs and the forum material

    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.
    Please include a link to the post you want me to look at. If you have received a defence, contact me.
    Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

  16. #16
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    Default

    bankfodder, i read FAQ but I was asked to sign a note saying this is the enof this matter and the charges that may occur after this will be charged to my account accordingly.
    So I didn't want to ruin my chances of claiming for the past 6 yearsicon


  17. #17
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    Default

    You did right in refusing offer. Keep with it.

    The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

  18. #18
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    Default Re: Starting tonight

    As mentioned above I was offered £100 by Natwesticon.
    I sent one letter saying that I am rejecting their offer and that I would wait until my past statements and make a claim for the past years.

    Straight after that I received another letter signed by another customer service representative saying that their offer is final and I should sign the bottom of the page and send it back to them. (I didn't respond)
    My statements arrived and I sent the first letter asking for £1518 back. Today I received an e-mail saying this:

    "Please find attached a copy of our letter to you dated 17 March, the
    contents of which remain pertinent. Please let us know if you wish to accept
    the offer to refund £100."

    Yours sincerely

    Frank Claydon
    Customer Relations.

    What the hell is wrong with these people?????


  19. #19
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    Default Re: Starting tonight

    This was my reply;

    Dear Frank,

    Thank you for your e-mail. You can see from my previous e-mail that I have rejected your offer. In additon I have given Natwesticon 14 days to refund £1518 back to my account as this amount is the total of all the unlawful charges you have taken from my bank account. I am surprised that you are still offering me the same £100 when Amanda Jones knows that I have rejected the offer. Please check the trail of e-mails below and you will see that Amanda Jones sent me an e-mail confirming that I am not interested in your offer. You can either refund me the full £1518 or I will not hesitate to take this matter to court.

    One final question, I suggest you start a small discussion within your department and try to find out how many people would accept a £100 offer when they are owed £1518.

    Kind Regards,


  20. #20
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    Default Re: Starting tonight

    Oh you gotta love that last paragraph in your email! Good for you - it really does seem like we need to spell it out for these people. Good luck with the claim.

    I want my money back!


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE