tracyno1 v NatWest * SETTLED IN FULL *

[tracyno1]

Hi

I was charged over £800 pounds in 1 month this April by natwest due to going 6p over my overdraft!, when i called them i got the usual "if you ran your account correctly you wouldn't be charged" " the charges are correct" blah blah blah. After much fuss, i stayed on the line to a manager for 1 hour 10 mins untils she gave in and offered to refund £70 which i very reluctantly agreed to, the next day another £105 was deducted from my account as more direct debits were unpaid, SNOWBALLING!. In my frustration i called there complaints resolution, i spoke to someone called sara who agreed the charges were excessive and she would arrange to get most if not all refunded for me. I then received a letter offering me £90 as final payment. I then wrote the first letter requesting my statements for last 6 years which i now have, but on them it shows at the end of each month the charge for interest for being overdrawn and allso another charge which is just listed as charges, each month the amount varies from £9 to £29, I'm not sure if these are overdraft charges or if i can claim these back. Has anyone else had these charges on their natwest statements who may know what they are and if they can be claimed back.

[tracyno1]

Hi, i have recieved all my statements and the total charges come to over £6k, so i am claiming in two parts to keep under the £5k limit, in my prelim letter do i have to give a full break down of all charges ie. date of each and every charge and what it was for or can i just say for example 12 charges of £75 paid referral during the 6 year period, any help would be appreciated, feeling a little out of my depth.

Thanks

Tracy

[Michael Browne]

There is a spreadsheet in the library here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-excel-spreadsheet-work-out.html

 

which is used to work out the 8% interest when you file at moneyclaim.

 

If you enter the charges on this, save it, then delete the last two columns and print this out, you can use this as your schedule of charges to send with your prelim letter

[tracyno1]

Thanks for the help, it was much needed.

I have now sent my lba to natwest customer relations at borehamwood recorded, so fingers crossed. Total amount i'm claiming back is £4945.00.

[tracyno1]

Hi, Could someone just clarify what order we send the letters. I have recieved all my bank statements (not charge for them). I have now got my lba letter ready to send but reading through the threads i'm a bit confused, is there a letter i should send just requesting the money back before the lba.

Any help would be appreciated.

Thanks

Tracy

[barracad]

Yes you should sent the prelim letter before the LBA.

 

Before you do that however, please read through the FAQs thoroughly which tells you everything you need to know - there is even a step-by-step guide.

 

It is important you are well prepared before you take the first step and send the prelim.

 

Good luck!

[tracyno1]

Thanks, Have spent 5 days reading as much as i could, just after posting my question i found the answer. Typical! Thanks for the help, it's all a bit scary but i've started the ball rolling now so i'm sticking with it. I didn't start out wanting all my money back but in one month natwest charged us over £800 pounds due to the snowballing charges which all started by being pennies overdrawn, i phoned them and begged for help but the brick wall would not move so by accident i found this site and i'm now claiming just under £5k. Just goes to show if they treated customers as humans and showed a bit of empathy now and again then we wouldn't rebel like we are now.

Once again thanks for the advice.

Tracy

[tracyno1]

Hi, i have now had my second sod off letter from natwest . i am claiming £4945.00, I know i now have to put my claim through the court but although i have searched the site (4 days spent searching to be precise) i can't find where to go to start my claim. allso i have read through different links it cost £30 and £80 if it is £80 would this mean because my claim would then be over £5k i would not be able to proceed. Any help would be much appreciated, feeling a little lost and out of my depth now.

Thanks, Tracy

[tracyno1]

Hi, i have now had my second sod off letter from NatWest . i am claiming £4945.00, I know i now have to put my claim through the court but although i have searched the site (4 days spent searching to be precise) i can't find where to go to start my claim. allso i have read through different links it cost £30 and £80 if it is £80 would this mean because my claim would then be over £5k i would not be able to proceed. Any help would be much appreciated, feeling a little lost and out of my depth now.

Thanks, Tracy

[orfoster]

Hi, Money claim website link https://www.moneyclaim.gov.uk/csmco2/index.jsp

As i understand it, the amount you claim will be the same and the cost on top wont' bring it over£5,000, its the initial claim they go by but you will get the costs back.

[Fred_Funk]

tracyno1,

 

A claim for that much will cost you £120. Be that as it may, it's irrelevant whether or not the additional £120 puts you over the 5k threshold - as orfoster says, it's the initial amount which dictates this.

 

Assuming you've read around the site - I'd recommend three or four weeks rather than days! ;-) - you will be aware that on submitting a court claim you are also entitled to ask for a statutory 8% in interest, over and above any interest you may have incurred as a result of unlawful charges.

 

Clearly, this will also serve to take your claim over the 5k threshold but, again, is not taken into account when deciding in which type of court you should submit your claim.

 

Hope this is some small help?!

 

Fred_Funk

 

NB Vamp's spreadsheet is very good for calculating both forms of interest.

[tracyno1]

Thanks for the advise, not sure what you mean about the interest though, i wasn't going to claim for the interest because it would take me over the £5k but if i do wont i go to the court were if i lose i would have to pay court costs. Just want to make sure i'm doing everything right on this last bit. Thanks for all the help guys.

[Fred_Funk]

tracyno1,

 

When you ask the bank to compensate you for any unlawful charges, you can also ask it to repay any interest you may have incurred as a result of those unlawful charges.

 

Furthermore, should your claim go as far as court, you are also legally entitled to demand an additional 8% in statutory interest.

 

As I have said, the statutory 8% does not affect in which court your claim would be heard, even if it does take you over the 5k threshold. However, I'm not sure whether the interest incurred as a result of unlawful charges does or doesn't. I'm sure a moderator will be able to advise you accordingly.

 

Whatever, if you put in a court claim, make sure you get the statutory 8% you're entitled to! ;-)

 

Fred_Funk

[tracyno1]

ok guys, i have started the court process, this is where it gets scary! natwest have acknowledged and advised they intend to defend in one go, havn't seen this done before, from reading through the forum they usually like to drag things out as long as they can, the acknowledgement was signed by 'cobbetts llp' no name, this was aknowledged on 08th august, i'm aware they now have 28 days to file a defence which would bring me to 5th september. The only thing i am worried about now is the fact that i havn't heard anything from cobbetts, they seem to send most people the complicated form to fill in, i know no news is good news but getting very very nervous, i am claiming £4945.00 plus interest and court fees brings a total of £5913.41. an amount i could really do with, we had a builder who decided to do a runner with £19k so now have half built extension and winter coming. is anyone else at this stage or have had the same silence from cobbets.

[chriswatkins]

I have had the same response, the 28 days starts from when Natwest was served with papers, not when they acknowledge

[tracyno1]

Latest update: Cobbetts filed a defence a day after they were supposed to, have now recieved a notice of transfer of proceedings with the cpr 18. I have duly sent cobbets the template letter re the cpr18 not being applicable. I have allso recieved the allocation questionnaire from my local court which has to be returned by 25th September, i have noticed some people in the distant past were recieving there money a few days befor the A/Q was due in but i havn't seen anyone getting anything back from natwest recently, getting very worried about this, is anyone at the same stage as me? what happens next? feel completely out of my depth, but sticking with it to the end.

[tracyno1]

Hi, filling in my aq N150, have gone through the aq template but i am completely stuck on this

Quote:

Section F - Proposed directions

Have you attached a list of the directions you think appropriate for the management of the claim?

 

 

Attach the list of directions, if any, you believe will be appropriate to be given for the management of the claim. Agreed directions on fast and multi-track cases should be based on the forms of standard directions set out in the practice direction to CPR Part 28 and form PF52.

This might include a directive to force the defendant (bank) to comply with a Subject Access Request under the Data Protection Act, or to include a direction that parties make Standard Disclosure.

It is possible that a Judge will refuse to give these directions, but at least you will have brought them to the Judge’s attention.

 

What exactly do i put, where do i find a list of directions, really stuck as it has to be in the court on the 20th so could really do with some hepl. Thanks.

[tracyno1]

If anyone could help me with the above question i would really appreciate it, getting very worried as it needs to be at the court in a few days. Thanks

[Michael Browne]

In small claims this would be used if you wanted a set aside, change court venue or hearing date. So tick No.

[punterstuff]

Latest update: Cobbetts filed a defence a day after they were supposed to, have now recieved a notice of transfer of proceedings with the cpr 18. I have duly sent cobbets the template letter re the cpr18 not being applicable. I have allso recieved the allocation questionnaire from my local court which has to be returned by 25th September, i have noticed some people in the distant past were recieving there money a few days befor the A/Q was due in but i havn't seen anyone getting anything back from NatWest recently, getting very worried about this, is anyone at the same stage as me? what happens next? feel completely out of my depth, but sticking with it to the end.

 

Hi...just working on my allocation questionnaire which is also due in on the 25th August! I'm also trying to get approx £4k from Natwest! They are holding out as long as possible. I don't think they will pay up until the court date is set and they can do everything they can to drag it all out. Allocation Questionnaire seems pretty straight forward!

[tracyno1]

There are two A/Q's one is the n149 and the other is the N50 which is much simpler, i got the n149 as my claim went above the £5k with interest, this is a very complicated form and would rather have the easier one, good luck with your claim, i thought (hoped) we would have had payment by now, not even a sniff of an offer.

[browneyes]

HI

AM AT SAME STAGE AS YOU.Scary isn't it?

 

Keep thinking i will be the test case that goes to court.But still prepared to go the distance.

Good luck.

[tracyno1]

Recieved today,as expected a letter from cobbets advising they are going to win blah de blah de blah , they are embarressed by my claim, blah blah, their client finds my request intimidating, more blah blah! nothing new really. next step whooping cobbetts ass. looks like a court date after all, A/Q due in court on Monday so we will see what happens.

[orfoster]

Hi, just to confirm, what did u put in the particulars of the claim. Look at my thread (link in signature) on page two did you use that?? What did you put?

[tracyno1]

Hi, i used the library template ie: The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ]

 

2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon;

 

 

b) Court costs;

 

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

I believe that the contents of these particulars of claim are true:

 

 

Then just added the total amount and interest, Cobbetts reply today was for the cpr19 which again i used the template in the library advising not appropriate, which i hope was right because although my claim comes to £5950.00 that includes interest and mcol charges so initial claim was for just under £5k. Have i done right? i have nearly comleted the n150 form but i am hoping to claim for another £1200 once this claim is successfull (fingers crossed) but on the form it asks " do you intend to make any applications in the immediate future?" would i put no for that as it isn't going to be in the immediate future it will be once this case is resolved, any advice would be appreciated as i don't whant to mess up at this stage if i havn't allready that is!