Hi All,

This is my first post here but I have been on here a little while now reading all the valuable info and trying to take it all in but I just need a little bit of help if possible please

I sent my Data Protection Act Request on the 2nd May and recieved all my statements on the 15th and I have just gone through them all and calculated that I am owed £1853 so I am now going to send the Prelim letter asking for it back but im a bit confused on this part...

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

It's the first and second amount im not sure what I have to put in as I have only added up all my charges so have just the total... have I missed a step out or something?

Any help that you can give me on this would be fantastic then I can get my letter off to them

Thank you to everybody that has contributed to this site and helped so many of us out it's great :D

Thanks

Jamie

When overdrawn the bank usually apply penalty charges, and interest on your overdraft. Some of your overdraft will be made up of charges that should not have been applied in the first place, and they are charging you interest on this.

To calculate how much interest applies to the penalty portion of your overdraft is quite complex, but I have created a Excel spreadsheet I hope will help give a good estimate. You'll find it in the bank templates library.

Your alternative options are to claim all or claim none of the interest, depending on how far back your charges go and how much they are compared to your overdraft.

Good luck, and come back if you've any questions.

Thanks Vampiress,

I have downloaded your spreadsheet and it seems clear from the notes what I should do but looking on my statements I can only see Interest that has been paid into my account on the money that is in there so I don't have a clue what goes in the turqiouse boxes on the right hand side :confused:

Sorry to be a pain.

Jamie

Interest that has been deducted from your account for being overdrawn. You do not include these in the charges.

Someone on this site had an interest-free limit. Maybe you do and you've no interest deducted?

And it's no pain at all.

Thanks again I can't see any interest being taken from my account so i will just go ahead and claim back the charges. I'll get the letter in the post first thing tomorrow morning.

Thanks a lot for your super quick replies and help

A very excited

Jamie

I find it odd that the bank have charged you penalties but no interest, but you must be right as I'm not actually looking at your statements and don't know your circumstances. It might be worth asking a friend to look them over so you can be sure nothing has been overlooked - no stone unturned as it were.

Good luck, and keep us posted (in this thread of course:D )

Just had a look again and it seems I have only been charged interest since the beginning of 2006 so must of had a special offer or something on my account? Anyway have it all calculated now and sealed in the envelope ready to post. Will keep this thread updated when I next hear from NatWest

Thanks again

Jamie

Just to update I have recieved a letter today from the Customer Lending Centre in Bristol saying that they are investigating my claims so that we can come to a mutual resolution blah blah blah, it says I can expect a reply by the 31st May which is 1 day before my deadling for sending an LBA but I doubt it will say much and I will have to send the LBA and file in court but im up for it

Anyway heres hoping to a swift resolution

Jamie

Hey everyone,

I have filed my claim today against NatWest but I have made a bit of an error I have only put down £255 interest instead of 260.41 it should be... I had a bit of a mare with the spreadhseet lol... Will this matter at all if I send in a list of charges to the Court and they see the interest is a bit higher on there than what I am claiming?

Thanks a lot

Jamie

As the claim is less by a fiver, I wouldn't worry. If it gets to court you can stand up and explain you calculated it wrong. You may even get your extra fiver, but I reckon they'll pay up first.

Thank you was hoping it wouldn't be a problem.

Jamie

Just a quick update, i recieved the Acknowledgment of Service letter today from the Court signed by Cobbetts Solicitors... here's hoping my claim ends up like Barracads... http://www.consumeractiongroup.co.uk/forum/natwest-bank/7684-barracad-natwest.html

Jamie

Another update, I recieved the defence from Cobbetts yesterday and I searched on here seems to be the standard one sent to everyone, also recieved the CPR Part 18 Request for Further Information which I replied to with the standard reply stating small claims track so didn't apply and intimidatory etc but I wasn't sure if I was suppose to post a copy of that letter to the court as well as to Cobbetts? I also sent my list of charges along with dates etc that they occured as I never sent this at first, should I send this along with the letter replying to the CPR Part 18 request to the court also?

Thanks

Jamie

*bump*

Another update, I recieved the defence from Cobbetts yesterday and I searched on here seems to be the standard one sent to everyone, also recieved the CPR Part 18 Request for Further Information which I replied to with the standard reply stating small claims track so didn't apply and intimidatory etc but I wasn't sure if I was suppose to post a copy of that letter to the court as well as to Cobbetts? I also sent my list of charges along with dates etc that they occured as I never sent this at first, should I send this along with the letter replying to the CPR Part 18 request to the court also?

 

Thanks

Jamie

Hiya, I sent of a letter to Corbetts saying that it was intimidatory etc, but then when I went to file at the court I changed my mind and replied to their CPR 18 and also i put in one of my own... I took this to the court, and also sent a copy of this directly to Corbetts... four days later I recieved a 50% offer, I have turned it down, Im just waiting now to see what happens. Im expecting a letter from either the court to set a date, or hopefully a huge cheque from Corbetts...

Good luck and hope this helps

lynne

Just a quick note. Your process has been inspirational. I'm just about to start the process of claiming back my charges. It's good to point out to everyone that it may take a while but to keep fighting and that it can be worth it.

Marsha

Thanks for your help, I will pop copies of what I sent to the court on Monday Good luck to both of you with your claims

I have a question about data protection act. I called NatWest and they sent me my statements no charge. What does the data protection act do? and do you have to sent this letter? Thanks Marsha

It should also make them send any instances of manual intervention on your account so if they had to physically return a DD rather than the automated system etc or anytime that you have called in and they have had to do anything manually to your account should be listed, but I sent this off to Natwest and all they sent me were the statements. However lloydstsb actually managed to do it properly

Hi all...

Another update from me, I recieved an offer from Cobbetts this morning for £1200 also saying I couldn't disclose it if accepted etc... Have faxed my rejection letter to them this morning and will pop a copy in the post this afternoon, hopefully just trying to speed things up. Having read lots of other claims on here im hoping the next letter I get from Cobbetts is for the full amount with no silly non disclosure stuff

Fingers crossed

Jamie

Hi Guys,

I think i need a bit of help please... I have recieved a letter from the Court yesterday after returning my AQ and it says the following...

IT IS ORDERED THAT

 

1. The action be stayed until 21st October 2006 or further Order on the basis that there is likely to be a test case before a Higher Court before the end of the year the result of which is likely to reduce the need and/or amount of litigation in these type of cases:the stay will afford the parties an oppurtunity to try and settle the matter without a court hearing.

 

2. Liberty to apply to remove the stay

 

3. File to be referred back to the District Judge by 22nd October 2006.

 

4. This order was made on the District Judge's own initiative pursuant to CPR Part 23.8. If you object to the terms of the order you must make an application to the court to have it set aside, varied or stayed within 7 days of recieving it pursuant to CPR Part 23.10

I have no idea what this means and if I have to write to the court to try and get it removed? If anyone can help I would really appreciate it.

Thanks a lot

Jamie

I've read about this - the 1st point is telling you that your case is to be postponed until 21st of October, Due to there being a test case in the high court. This case will set a precedent, which might mean your(and all similar cases) need not be pursued, as banks will be forced to pay up. (If the bank loses the case that is)

The 2nd point is giving you the right to apply to remove this postponement and carry on with your case.

The 3rd point is telling you that your case will/should be filed again by the said date.

the 4th point is giving you a time limit of 7 days to object to the order.

I can't give you any advice as im no expert. The case will hopefully set a precedent which would mean banks would pay up more willingly. Though, If by some sort of small off chance the bank won the case, you wouldn't be entitled to get any of your charges back, or it would be even more difficult. I'm presuming though that the banks will appeal if they lose and take it to Europe - which will take years.

Edit: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay.html

Theres a form that you can use if you wish to apply for a removal of the stay.

I've been looking around the threads on here for the past day or two before beginning my claim. I believe the test case mentioned above was Elliott v Lloyds TSB, in which the bank settled in full out of court. I think your next step should be to ring your court and check what test case is being referred to, and if I'm correct point out that it no longer applies and ask for the stay to be removed. It looks like another delaying tactic - hoping you'll just give up. Try a search on Elliott or stay.

Thanks for the replys, I will try and contact somebody at the court and see if I can get the Stay removed.