Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



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)


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  1. #1
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    Default gailevans v NatWest another **WINNER**

    Sent of my first letter to Natwest today, claiming 1535. As I have copies of all my bank statements, I dont need to request these, so can go straight onto the first stage - I hope this is correct, as this is what I have read into it!

    Can someone please advise me if this isnt correct - and if it is, watch this space!!

    Sent this (and my other claims to First Direct and Barclays) by registered post!!





    Barclays - claiming 760 - lnitial letter sent 02/05/06
    First Direct - claiming 748 - Initial letter sent 02/05/06
    Natwest - claiming 1535 - Initial letter sent 02/05/06

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  2. #2

    Default Re: Here we go!

    That's fine - keep us posted.

    Alan, Derby, UK.



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    _________________________ _______

    Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

    DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

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  3. #3
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    Default Re: Here we go!

    I will do - and can I add that this site is really amazing. Not only do you give excellent advice to the likes of myself (who have been charged horrendous amounts over the years) but also genuine support and encouragement.

    Keep it up - its FAB!!!!


  4. #4
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    Default Forced to close bank acct?

    Has anyone won their claim against Natwest but been forced to close their account or had their account closed as part of "the deal"?

    I know we are advised to get a parachuteicon ready, just in case, but I was wondering how many people have had to change accounts?

    If it seems a daft question, sorry!!


  5. #5
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    Default Re: Forced to close bank acct?

    Nope, I've just won against them, no mention of closing my account


  6. #6
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    Default Re: Forced to close bank acct?

    Well done!! And thanks!! Was a bit worried about that as I never have time to go and sort a new one out!

    As a guideline, how long from your initial letter to final settlement?? Am counting the days!!


  7. #7
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    Default Re: Forced to close bank acct?

    couple of months from first contact to paying out.


  8. #8

    Default Re: Forced to close bank acct?

    Me neither. Won, no mention of closure. 1st letter, 11/02 (incl DPA request), cashed cheque 26/04.


  9. #9
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    Default Re: Here we go!

    Right guys and gals, advice needed!!

    Have had a reply from our Mr Stuart Higley, general letter "We believe our charges are fair blah blah blah" - can you tell me if:

    a) I wait for the 14 days and hit them with my lbaicon?
    b) do I send the lbaicon now?

    also, I have taken another look at my charges and there is another 400 I have over looked - do I send another letter telling him that or just add a sentence in my LBA?

    And last but not least, in my prelim letter, I asked him a question relatiing to my account (they sent me a letter asking me to return my cheque book and debit card as I am overdrawn - again - due to nearly 400 in charges last month) I asked him to remove the restriction on my account - however the standard letter doesnt answer that, do I write to him again asking him AGAIN to remove the restrictions?

    Sorry to be a pain!!!! And thanks in advance!!


  10. #10
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    Default Re: Here we go! Nelp needed please xx

    Changed the title (and bumped it too!!) Sorry!!


  11. #11

    Default Re: Here we go!

    Quote Originally Posted by gailevans
    Right guys and gals, advice needed!!

    Have had a reply from our Mr Stuart Higley, general letter "We believe our charges are fair blah blah blah" - can you tell me if:

    a) I wait for the 14 days and hit them with my lbaicon?
    b) do I send the lbaicon now?

    also, I have taken another look at my charges and there is another 400 I have over looked - do I send another letter telling him that or just add a sentence in my LBA?

    And last but not least, in my prelim letter, I asked him a question relatiing to my account (they sent me a letter asking me to return my cheque book and debit card as I am overdrawn - again - due to nearly 400 in charges last month) I asked him to remove the restriction on my account - however the standard letter doesnt answer that, do I write to him again asking him AGAIN to remove the restrictions?

    Sorry to be a pain!!!! And thanks in advance!!

    If the letter said they would not be refunding then go straight to the LBA - Just put the corrected figure and add a line as you suggest.

    I would send a seperate letter about the other issue - stating the reason you got into such difficulties was because of their unlawful charges.

    Alan, Derby, UK.



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    DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

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  12. #12
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    Default Re: Here we go!

    Thanks Alan, just been to the post office with my lbaicon - its gone off recorded post to Mr Higley!

    I attached a spreasheet showing the new amount, has risen from 1500 to just over 2000! Am currently penning a letter relating to the other business (and have sent applications off to set up a new bank account, just in case!) Even if they dont close my account, I am not sure I want to continue banking with these sharks anymore anyway!!


  13. #13
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    Default Re: Here we go!

    Update for you (and advice needed)!

    Have had a reply to my lbaicon (and new claim figure) from Mr Higley that goes:

    "Thank you for your letter of 5 May 2006. I feel there is little I can add construtively to my letter of 3 May 2006, which explained the banks point of view. I have, however, noted that your claim has risen to 2050.10. The charges applied to your account have been associated with a lack of avaiable funds when items were presented for payment.

    Whilst still regretting that it is your choice to instigate legal proceedings, I hope you wont mind me reminding you rhat the address to be used is that of our Registered Office, which appears below"

    I am thinking that I write back, acknowledging his letter, sending a complete list of all charges (again) to show why the claim has risen and remind him that if i dont receive a FULL refund within the 14 days, I will start proceedings? Or do I leave it as it is?


  14. #14
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    Default Re: Here we go!

    It seems like Stuart Higley doesn't actually bother responding to individual queries. His sole purpose appars to be to try and get rid of you. I've asked him for a breakdown of what costs the banks are incurring to charge so much, and been sent a breakdown of what the charges I was claiming back were (ie unpaid cheque, unpaid DDicon - all the stuff I already knew).

    Just press on, maybe sending a copy letter to the registered office to boot. I gather they ask for any legal documents to be served on the registered office.

    DPA Letter received by NatWest 11/04/2006
    DPA Request expires 21/05/2006
    Statements received 15/05/2006
    LBA sent 15/05/2006

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  15. #15
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    Default Re: Here we go!

    Had a reply to my letter, from Mr Higley again:

    "Thank you for your letter of 11 May 2006.

    I appreciate that we must agree to differ over the charges aspect but I note that your claim is now increased to 2.050.10. Our decision not to refund remains unchanged.

    In the circumstances I have alerted our lawyers and litigation departments to your intentions.

    Thank you for letting me know that you are also approachi8ng (their typoicon, not mine) the OFT."

    This doesnt look good, as they only have until Friday this week to refund the charges or I log a claim in court. Anyone with any suggestions/morale support!!! Really dont want to have to go to court as I have NEVER been in court for anything and wouldnt know what to say/where to start!!

    HELP!!


  16. #16
    Lueeze
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    Default Re: Here we go!

    Ok, Its quite obvious that you would have to file a claim, we always refer to it, so people are prepared for it. Esp for the amount you are claiming...

    You must read up some more about court action.

    The likelyhood of you having to attend court is very small.

    Lou x


  17. #17
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    Default Re: Here we go!

    First up, chill out, and remember you're basically the prosecution, and you're going to nail these sons of *****es.

    Secondly, they may still back down before going to court. So don't worry about that too much either.

    Thirdly, if it does end up in court, you have the law on your side, and provided you get all the relevant bits of legislation together for ease of reference, it should be a very easy process of laying out your facts and having NatWest utterly fail to counter them with facts of their own.

    Lastly, there's an FAQ about going to court, suggesting you contact your local court and ask to be shown around and have the general process explained to you. I'd suggest doing this, since the more you know, the more prepared you are, and the more prepared you are, the more control you'll have over the situation.

    DPA Letter received by NatWest 11/04/2006
    DPA Request expires 21/05/2006
    Statements received 15/05/2006
    LBA sent 15/05/2006

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  18. #18
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    Default Re: Here we go!

    Ok, thanks for all of that! However, I was thinking of logging my "prosecution" using the Money Claim online thing. Can I state which court I want to hear my case? Dont want one in Penzance, as I live in the Midlands!


  19. #19
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    Default Re: Here we go!

    It should automatically be your nearest court, as the plaintiff, unless the bank can provide a good reason why it can't get there.

    DPA Letter received by NatWest 11/04/2006
    DPA Request expires 21/05/2006
    Statements received 15/05/2006
    LBA sent 15/05/2006

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  20. #20

    Default Re: Here we go!

    In cases where an individual and a company are in litigation the county courticon will almost always transfer the case to the County Court local to the individual.

    Alan, Derby, UK.



    PLEASE HELP US TO KEEP THIS SITE RUNNING
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    _________________________ _______

    Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

    DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

    Advice given is purely my opinion, and is not based on any legal training.
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