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I am currently in battle against the Nasty West, who have been most obstructive from the word 'go' - for repayment of penalty charges for a closed account held a few years back and default removal from my credit files.
The story so far;-
S.A.R requested 21st Feb 2007
Statements received 2nd April 2007 - Belonging to a complete stranger!
Non Compliance letter sent 4th April 2007
Court claim filed for Non Compliance of S.A.R on 13th April 2007
My own statements received 21st April 2007
Prelim letter requesting repayment of £205 charges & removal of default sent 23rd April 2007 to Customer Relations & Credit Management Team letter before action sent 8th May 2007
Stranger's statements forwarded on to Information Commissioner 14th May 2007
Section 10 Letter and original default notice request to Credit Management Team sent 22nd May 2007
Court claim filed for £205 plus 8% interest and removal of default on 7th June 2007
At present, I have not as yet received their acknowledgement of my court claim.
Will update this thread and keep posted on developments.
Hi Jordy,
Naff West are a bit slow!
May sound a silly question, have you checked your account? I put in a claim for £126 they paid it into my account, didn't tell me.
Yes. Let's hope they don't acknowledge my claim and forget my court claim deadlines.
Somehow, I find that unlikely with the 'beady eyed' Natwest and their sidekicks 'cobblers' waiting in the wings - and dragging it out until the last possible moment. We can but live in hope.
An automatic win - would be fantastic.
Followed by an automatic cheque sent out and default removal - even more fantastical!
Natwest will probably file a defence to your claim and you will receive a copy of their defence within 5 days through the Courts. This will be a 'Notice that Acknowledgement of Service has been filed'. This letter from the court will say that Natwest has 28 days to file a defence.
In my case, I had 2 claims and they paid up in 15 and 25 days respectively. Offcourse I used MCOL to file my claim! In the many threads that I have read here Natwest will eventually pay up!!
I filed my current claim, and my previous court claim against 'NastyWest' (for non compliance of sending my statements) using the N1 Claim form and via the county court.
Which is good, in the way that you can put so much detail onto your Particulars of Claim form - compared to MCOL.
My Particualars of claim form request the repayment of Unfair Penalty Charges and the removal of Default registered on my credit file both together.
So there will be no acceptance, on my part of one settelement...without the other!
I have been without internet connection for several weeks, so have not had the opportunity to go online and update my post.
Nasty West have acknowledged my claim on 22nd June 2007 and have 28 days from this date to file a defence.
The second page of the Acknowledgement of Service indicates their intention to 'defend all of the claim' .....signed with just a capital 'M' and by a Trainee Solicitor from RBS Group Litigation, London.
I have not heard or received anything since from them.
I have also received a positive response from the Information Commissioner's Office - about their concern with Nasty sending me bank statements belonging to complete strangers and the security of peoples personal data being sent out to anyone. And rightly so! :grin:
I have been in battle against the Nasty West for Non-compliance, sending me the wrong statements, return of unfair penalty charges and default removal on my credit files by them.
Today I received a cheque for £xxx.xx, (dated 12-6-07) attached to the following letter dated 17-7-2007;-
Dear Mr XXX
Claim Number:XXX
The above Claim has been passed to the Group Litigation section of The Royal Bank of Scotland Group. Natwest Bank plc is a subsidiary of The Royal Bank of Scotland plc. Would you please address all future correspondence in this matter to this address.
We believe that your Particulars of Claim disclose no reasonable grounds or cause of action against the Bank....
However, we believe that, given the amount of your alleged claim, it is not commercially viable or cost effective for the Bank to defend this claim. (correct)
Therefore, I am writing to advise you that the Bank is prepared to pay you the full value of your claim being £xxx.xx in Full and final settlement of these proceedings. A cheque is enclosed with this letter. Please note that payment will be made with no admission of liability and subject to your agreement not to court publicity, or disclose or refer to any third party, the background to this matter, and also to keep the terms of this settlement strictly private and confidential. (of course I will :grin: )
This payment is also conditional upon you writing to the Court to discontinue proceedings and not to take any steps to enter Judgement against the Bank.
Any charges that properly accrue in the future will be applied to your account in line with our published tariff and in accordance with your agreement with the bank (hard luck, 'cos it's been closed for years).
Should you be unwilling to accept any such charges, then we may need to consider if we are prepared to continue to provide you with your existing banking facilities. Instead we may offer you a simple account that does not offer borrowing facilities or other services that can result in charges. (I've already told you...I DO NOT HAVE AN ACCOUNT WITH YOU ANYMORE)
Signed Yours sincerely, Trainee Solicitor!
However, there is no mention or reference of the default and it's removal from my credit files, that I included in my Particulars of Claim in any part of their honest letter.
Return of penalty charges and default removal came as a package on my court claim - and they have not addressed both!
Should I accept their full and final settlement payment and cash it on the basis that they should remove the default too...or should I 'hang on to the cheque' or send it back to them stating something like 'court claim not fully satisfied'....??
Does the cheque cover everything you claimed - charges, interest, court fees? Either way, it doesn't full satisfy your claim.
You could write back and tell them that it doesn't fully satisfy your claim for the reasons you give and return the cheque. Tell them youintend to carry on with your claim for the money and the removal of defaults. Don't stop court proceedings until they comply and you have the cheque cleared.
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.
Their Full and final settlement for reimbursement of their penalty charges repays back all I have lost, plus the 8% interest asked for on my court claim...so could'nt wish for better, in that department....
But the Natwest default marker on my credit file apparently still remains,....with the restrictions and ruining of any applications for any sort of credit, mortgage etc..whatsoever made by me and for me and my family.
This is what I put on my N1 court claim under Brief details of claim;-
''Money claim for return of penalty charges applied to the claimant's bank account by the defendant.
And removal of adverse information and removal of default entries registered with credit reference agencies, Equifax, Experian and MyCallcredit by Natwest''
Then don't accept anything other tham as a partial settlement until they comply.
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.
At the date of the default, what level of charges had already been made on the account? (Be sure not to put the total level of charges when you made the claim, unless of course they happen to be the same )
How much was the default for?
Did you receive the Default Notice (the actual paperwork) and did it show details of how the default could be avoided (i.e. by paying off by a certain date etc)?
At the date of defualt, the amount of charges already levvied to the account exceeded the 'default balance' by over £10.
So by offsetting the unfair charges recently reimbursed to me by cheque against the default registered - My account, at the time would have been over a tenner in credit! And yet they sent inaccurate information to all the Credit Reference Agencies, which has been on my credit files and is still adversely affecting it during the last few years!
I never, ever received an original Default Notice from them and had to request the original copy from them in May.
To which they replied;-
You have asked for the original default notice that was sent to you on 12 January 2007 (think he means 2005 ) but I regret that I cannot provide the original notice as this was sent to you and was not returned to the Bank undelivered. I have enclosed an exact copy of the notice that was sent to you at that time which was not sent recorded delivery by the Bank and therefore no proof of posting is available.
The copy demands payment of the Total Amount Outstanding before 26/01/05....along with the usual waffle and intimidating threats!
I have sent a response letter to Group Litigation basically saying that I appreciate their offer of settlement for the full repayment of charges, S.A.R fee and interest.
.........Yet only half of my Court claim has been satisfied.
And that I do not consider this as 'Full and final settlement'.
I have not banked the cheque, nor returned it to them either.
I'm just 'hanging on to it' in the interim that they address and fulfil the whole of my claim and hopefully, remove the default from my credit files over the next few days.
In their response letter, they are obviously 'pressing on me' to discontinue my Court claim, because they have sent me a cheque for the charges and only 'half honoured' my claim.
But my question is,
How much time left do I have with informing the court that this matter is either settled or not settled?
What are the time limits after submitting a claim, receiving acknowledgement, and/if defence etc - to informing the court of whether you wish to continue or not?
Incidentally, Nat West's deadline for submitting a defence to my claim was up at 20/07/2007.
Which they did not act upon or respond to.
I have received the following letter from Natwest;
''I write further to your letter and confirm that the Credit Reference Agencies have been instructed to remove any adverse data in respect of the above detailed account.
May I take this opportunity to thank you for your patience regarding this matter ad I am pleased that this matter has been resolved satisfactorily.''
I have just checked with Equifax and Experian and can confirm that the default has been removed from my Credit files.
.......I'VE WON!!
So in a nutshell - FULL REPAYMENT OF CHARGES + interest + DEFAULT REMOVAL.
Jordy v NastyWest ** WON**
sent 8th May 2007
Reply With Quote
Re: Jordy v NastyWest
)
) but I regret that I cannot provide the original notice as this was sent to you and was not returned to the Bank undelivered. I have enclosed an exact copy of the notice that was sent to you at that time which was not sent recorded delivery by the Bank and therefore no proof of posting is available.
