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petrafyde

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Posts posted by petrafyde

  1. Hiya Mike.

     

    NatWest seem to be settling prior to court claim at present!

     

    I recently submitted my preliminary (1st!) letter, WITH contractual interest and was offered full recompense of all unlawful charges, obviously without interest, 10 days later. After reading for months on this site, I was MORE than prepared for battle - but didn't get it! NatWest have obviously finally wisened up to the fact that it costs them less to offer full penalty amount (without interest) in the interim.

     

    Contractual interest was something I had decided to go for, because all of my charges stemmed from one paid, overdrawn direct debit, and it spiralled ridiculously from there in the first instance! I figured they should pay me back, at their OWN unauthorised rate of contractual interest, since I hadn't agreed to their borrowing.

     

    In the end, I reviewed their offer, and decided it wise to accept so I wouldn't be viewed by the court as being greedy! (they DO do this.)

     

    I am presently forming another complaint, because they charged me when I was under 18 (which is against the CCA) and I will take to the bones for contractual because I don't feel as though I had the knowledge OR understanding to prevent it at that time.

     

    I am prepared to lose this amount of money, which is why I am considering going forward. My point is, if you can afford to lose court costs - proceed with your claim after the intial offer of full penalty settlement.

  2. Yes. Examine 'statute of limitations' on the net aswell as here, and review people (from this site) whose claim has been beyond six years on this site. You need to at least see how people have done on here, because it will normally! be purely personal experience, and there will be none of the "my solicitor" thing.

     

    Check your age - if you were a minor (under 18) on that date, there is more to read then also.

  3. There are zoodles of examples of letters here on the forum which show how each user has refused this offer, OP.

     

    Basically, you refuse the cheque, on the basis that you will only settle without conditions, because you can present to the court (if it were to get that far - and it wouldn't) that they are trying to intimidate you, the claimant into settling easily!

     

    Read lots - its helps more than it hinders!

  4. I honestly couldn't speak about what I've seen for those who've been defaulted by Natwest (cos I've seen so few) but I would suggest maybe its completely out of Cobbetts range (being as its NatWest who issued default themselves?) and maybe you need to speak to the organ-grinders? Access to a machine with a recording facility might come in handy?

     

    I'm talking, if, buts, and maybe's - but my gut instinct is not to settle without black and white proof of default removal consent.

     

    The cheque is very tempting (had a full settlement of charges offered directly to my acct. this week) but I know if I were in your shoes, I'd want rid of the default before ANYTHING else.

     

    My first thought is to confirm, even if just by phone the default will be removed. Obviously you need proof, either in writing or by advising them you are recording the call, then taping it.

     

    Alternatively, you could return the cheque using and modifying the templatr advising them you want acceptance of the default removal prior to reschinding your claim.

  5. Going to try and get my statements back to 1995/6 if possible.

     

    Someone has mentioned there is a template I can use, because they sent statements only to 2001 and no evidence of manual intervention when I requested the last SAR. I was wondering if someone can please point me to it, as I can't find it!

     

    I've not found much in the way of successes from people claiming charges older than 6yrs - is this new ground, or have many people lost?

     

    Obviously its new ground for me, going back to the drawing board again (reading lots more!) but any tips or advice would be more than welcome.

     

    Thanks.

  6. Congrats on yr win, u lucky lucky so & so!!! You mention you'll be getting yr statements back to the mid 90's, why is that then, I thought you could only claim the last 6 years...??!! Happy spending!

     

    They claim statute of limitations act for charges older than 6yrs. From my understanding this could be percieved in different ways, so will be persuing statements back to 1995 (when I was 16) with a view to claiming charges AND interest at the contractual rate this time, regardless whether I'm offered settlement in full (penalties only) or not.

     

    Thanks for the gratz.. I'm starting to feel a lot happier now - desperately need a new oven, and should be able to buy one now! Plus extra spends for the kids when we go on holiday :)

  7. That is exactly what started my second bout of charges, except it was a slightly larger DD. I'd been running close to the bone for a long time, and had been carefully budgetting every single penny, so was well aware when it happened to me too.

     

    I've just received an offer for full claimed penalties, 10 days after sending the preliminary letter. I was pushing for contractual interest, but decided not to when they offered me all of my charges back, so I wouldn't look greedy in the eyes of the court if it went that far.

     

    I'm about to start another claim for charges over 6yrs old, using the fact I was a minor when they started charging me as a lever against the old statute of limitations crap they spout for the older claims. Well, I will do if they ever send me all of my statements.

     

    Sincere good luck wishes from me - hope you get every penny back.

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