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.

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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)


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  1. #1
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    Default Logan V Natwest ****WON****

    Hi all

    Right i think i have got this sorted although not a 100% sure so am looking for someone to confirm this to me.

    I have so far calculated since Jan of this year that Natwesticon have charged me £293, now i know i can claim back up to 6 yearsicon ago and will do so as i opened my account in December 2003. So to confirm i have to do the following:

    1) send the DPA letter asking for details of all charges on my account with £10 fee to obtain that info. I Should send this to the DPA office of Natwest which i know the address is on here somewhere.

    2) If they dont reply within the 40 days i should lodge a complaint for the info

    3) Once the info has been provided, i then write to them asking for my charges to be paid back.

    4) If they dont respond or i am not happy that they have not provided a full refund i send them them pre action letter notifying them that i will take them to court if i dont recieve my money

    5) If still no response i take them to court is that correct?

    Also i am slightly concerned that if i start to do this they may request that i pay back my overdrafticon which is currently £1600 and almost maxed out, should i worry about this or is it likly if they do this it wont happen till further down the line?

    Does anyone have any experience if you have to send the £10 DPA fee to natwest or will they do it without the money?

    Just wanting to make sure this is correct before i go ahead and do anything

    Thanks in advance.

    Andy

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  2. #2
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    Default Re: Logan V Natwest

    I sent a cheque for £10 made payable to Natwesticon to this address:

    The Data Protection Manager
    Retail Regulatory Risk
    2nd Floor
    Business House B
    Gogarburen
    PO Box 1000
    EDINBURGH
    EH12 1HQ

    Send it recorded so that you can track when they have received it as the 40 days start from when they do.

    The rest of it is pretty much like that. If you've got any queries which the FAQs dont cover, look thru other peoples threads and then if you cant find what your after, just post in this thread and someone will help you

    08-05-06 - Data Protection Act sent to NW
    08-05-06 - MP letter sent to Oliver Letwin (Cons, Dorset West)
    25-05-06 - Statements and Data Protection Act received (14 days)
    07-06-06 - Prelim letter sent to S.Higley claiming £1226.03
    09-06-06 - LBA sent, due to negative response
    29-06-06 - Claim served (Acknowledged 30-06-06)
    27-07-06 - NW's Deadline - received 27-07-06
    24-08-06 - AQ received and returned - Deadline 08-09-06 - Both returned
    20-09-06 - 1st Offer - £850.00 with confidentiality REJECTED
    05-10-06 - 2nd Offer - £1456.80 with confidentiality ACCEPTED

  3. #3
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    Default Re: Logan V Natwest

    Its funny how inconsistent they are with these 10.00 dpa fees.

    When I called the RBSicon they said I would be charged,but as the account is closed I sent the 10.00 by postal order.

    It came back today with the letter (I return your chequefor 10.00 as goodwill as one fee covers this request ) ????


    On occasions where the fee has not been sent I have seen them using this point as a stalling technique.

    Therefore the only safe way to go is to send them the tenner..........if they choose to refund half or all then at least the 40 day clock has started ..



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  4. #4
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    Default Re: Logan V Natwest

    my only other thing is if i send them a chq for £10 i am gonna get charged as i dont have any money really at the moment. Oh well i guess i can send it then claim the charge back lol

    Cheers though guys that helps me alot.


  5. #5
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    Default Re: Logan V Natwest

    Yes of course you CAN apply the 10.00 to your claim.
    Like I said the general trend seems to be them sending the payment back dunno if they think it looks favourable to them (as they say its a goodwill gestureicon they are implying they have a right to charge)

    They do of course have a right to make a charge for duplicate/copy statements but the DPA states that they are only obliged to supply in intelligible form transaction details.

    Some people have been succesful in obtaining their statements by simply telephoning the bank.

    So Im afraid you will only know later.

    To be fair my 10.00 postal order was returned to me less than a week after sending it.

    It could be argued that a cheque can take longer to process
    A postal order is generally considered to be the same as cash (which apparantly they dont accept by post)

    Best way of course is to have iot taken from the account.....as we all know they are very quick and quite ready to do that regularly !!!

    lol



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  6. #6
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    Default Re: Logan V Natwest

    Check my thread out here http://www.consumeractiongroup.co.uk...ead.php?t=6505

    it shows how I managed to get my £10 back, don't be surprised if your statements come in a tatty holey brown envelope, just take the unopened envelope to your branch and complain, they'll more than likely refund the £10. If not, then kick up a fuss using the envelope as a visual aid, they'll soon refund you

    08-05-06 - Data Protection Act sent to NW
    08-05-06 - MP letter sent to Oliver Letwin (Cons, Dorset West)
    25-05-06 - Statements and Data Protection Act received (14 days)
    07-06-06 - Prelim letter sent to S.Higley claiming £1226.03
    09-06-06 - LBA sent, due to negative response
    29-06-06 - Claim served (Acknowledged 30-06-06)
    27-07-06 - NW's Deadline - received 27-07-06
    24-08-06 - AQ received and returned - Deadline 08-09-06 - Both returned
    20-09-06 - 1st Offer - £850.00 with confidentiality REJECTED
    05-10-06 - 2nd Offer - £1456.80 with confidentiality ACCEPTED

  7. #7
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    Default Re: Logan V Natwest

    right DPA letter is going to be sent today.

    Cheers for info guys

    Lets get this ball rolling.


  8. #8
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    Default Re: Logan V Natwest

    Ok DPA letter rcd today so by my calculations the lastest date is 15th July.


  9. #9
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    Default Re: Logan V Natwest

    keep us posted


    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.

  10. #10
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    Default Re: Logan V Natwest

    ok chq cashed on 9th June, still no statements.

    If I do give you advice please be aware of the following:

    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.


    03/10/06 - NatWest Claim Settled in Full to the amount of £2344

    09/10/06 - 2nd Natwest Claim - Pre Lim sent | Halifax CC S.A.R - (Subject Access Request) Sent | Natwest CC S.A.R Sent


  11. #11
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    Default Re: Logan V Natwest

    Ok statements recieved today, I am having slight problems calculating what part of the charges are for the Adavantage gold charge and which is the rest

    Anyone know what the charges where from 19 Dec 2002 - current date?

    I have added up they owe me £1900 less advantage gold charges, so i reckon about £1700 ish, not including interesticon.

    Need to get an answer to this first if poss, and then will start my letter to the co.

    If I do give you advice please be aware of the following:

    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.


    03/10/06 - NatWest Claim Settled in Full to the amount of £2344

    09/10/06 - 2nd Natwest Claim - Pre Lim sent | Halifax CC S.A.R - (Subject Access Request) Sent | Natwest CC S.A.R Sent


  12. #12
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    Default Re: Logan V Natwest

    ok having not really worked out what the deal is with the Advantage Gold chagers i have taken off £9 from every charge at the end of the month because that seems to be the amount they were taking when i wasnt getting charges from them. Unless someone can confirm they have succussfully claimed that back as well?

    So after that i have £1665.27 including interesticon on penalties. Now i want to send my pre-lim letter, but what i want to know is, whats the best way to highlight the charges as per the letter?

    Dont think i need anything else.

    Andy

    If I do give you advice please be aware of the following:

    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.


    03/10/06 - NatWest Claim Settled in Full to the amount of £2344

    09/10/06 - 2nd Natwest Claim - Pre Lim sent | Halifax CC S.A.R - (Subject Access Request) Sent | Natwest CC S.A.R Sent


  13. #13
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    Default Re: Logan V Natwest

    andy

    I had similar charges, the ones with a date and the account number on it. I had a look online, and they seem to be Un-arranged Borrowing Fees, they were either £28 or £29 and always happened at the end of the month.

    I was with Disadvantaged Mould, but I stopped it because I wasn't getting any benefit at all, back in the day it was £6 a month hehehe, but these strange account number charges still come thru even though I stopped the DM service.

    You wouldn't be able to claim the Gold charges back because (apparently(couldn't see it myself)) they are a subscription to a Premium Banking Service, and not actually a penalty charge.

    The best way to highlight the charges are to either use the spreadsheets in the bank templates libraryicon, or just write them down in date order, stating date, type of charge, amount etc...

    hope that helps

    Bandit

    08-05-06 - Data Protection Act sent to NW
    08-05-06 - MP letter sent to Oliver Letwin (Cons, Dorset West)
    25-05-06 - Statements and Data Protection Act received (14 days)
    07-06-06 - Prelim letter sent to S.Higley claiming £1226.03
    09-06-06 - LBA sent, due to negative response
    29-06-06 - Claim served (Acknowledged 30-06-06)
    27-07-06 - NW's Deadline - received 27-07-06
    24-08-06 - AQ received and returned - Deadline 08-09-06 - Both returned
    20-09-06 - 1st Offer - £850.00 with confidentiality REJECTED
    05-10-06 - 2nd Offer - £1456.80 with confidentiality ACCEPTED

  14. #14
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    Default Re: Logan V Natwest

    OK thanks Bandit, i have checked online and I cant find anything about the fee on my account at all, I think i may submit it with these charges on there then because there is no where on my statement that shows as Advantage Gold payments etc.

    If I do give you advice please be aware of the following:

    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.


    03/10/06 - NatWest Claim Settled in Full to the amount of £2344

    09/10/06 - 2nd Natwest Claim - Pre Lim sent | Halifax CC S.A.R - (Subject Access Request) Sent | Natwest CC S.A.R Sent


  15. #15
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    Default Re: Logan V Natwest

    OK Pre-lim going tomorrow Recorded delivery,

    Here we go then.

    If I do give you advice please be aware of the following:

    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.


    03/10/06 - NatWest Claim Settled in Full to the amount of £2344

    09/10/06 - 2nd Natwest Claim - Pre Lim sent | Halifax CC S.A.R - (Subject Access Request) Sent | Natwest CC S.A.R Sent


  16. #16
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    Default Re: Logan V Natwest

    ok reply recieved already standard stuff from Mr Higley

    Should i wait 14 days or go ahead and send my lbaicon?

    If I do give you advice please be aware of the following:

    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.


    03/10/06 - NatWest Claim Settled in Full to the amount of £2344

    09/10/06 - 2nd Natwest Claim - Pre Lim sent | Halifax CC S.A.R - (Subject Access Request) Sent | Natwest CC S.A.R Sent


  17. #17
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    Default Re: Logan V Natwest

    If they have made it clear they arent gonna budge then send the lbaicon
    They have already replied to your prelim which points out what you expect them to do...............and what your proposals will be.




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  18. #18
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    Default Re: Logan V Natwest

    Ok Moneyclaim done this evening. Am i right in thinking that if it gets accepted i have to pay another £100 as well in costs?

    If I do give you advice please be aware of the following:

    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.


    03/10/06 - NatWest Claim Settled in Full to the amount of £2344

    09/10/06 - 2nd Natwest Claim - Pre Lim sent | Halifax CC S.A.R - (Subject Access Request) Sent | Natwest CC S.A.R Sent


  19. #19
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    Default Re: Logan V Natwest

    You will have to pay a £100 fee when filing the allocation questionaire, but only if your claim is over £1500. The court will send you the aqicon after they receive a copy of the defence. When you return the AQ you will get a date for the hearing, and it appears Nat West will settle before the hearing.


  20. #20
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    Default Re: Logan V Natwest

    Quote Originally Posted by Logan21
    Ok Moneyclaim done this evening. Am i right in thinking that if it gets accepted i have to pay another £100 as well in costs?

    If they file a defenceicon then you will have to pay the 100.00 for the allocation questionaire.
    They have 14 days to file after the claim is acknowledged.

    The 100.00 of course is recoverable.

    Good to see you have done so well so ....last hurdle now.



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