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poohbear1

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  1. I opened my account in November 1996 and my claim starts fron January 2001, does anyone have a link or Ts and Cs for either of these two periods please?
  2. No I think you are right, to be honest I think it is just my subconcious trying to avoid the court bit, I am just finding it hard to understand and get my head round and worried it will get to court and I am not clever enough to defend against a legal department of a big bank. I just need to get the N1 in, pay my court fee and then at least its done, I have got another claim I am doing for my OH with Natwest so need to do the same as they are at the same stage. One question on the N1 form that isn't covered on the POC you posted (very kindly) the "Value" you put in, especially as I assume the 8% interest continues to go up day by day until an offer or judgement is made? It has a bit for Claimant details first, then Defendant details, the Brief details of the claim and the "value". My claim is £5024 (although the bank has already paid £360 into my account, plus £250 court fees and 8%, how and what do I put in that section? Thanks
  3. Hi all, Mandy27's sister here, thank you for your help! I have to say and I don't like to more help than I have got from the abbey part of the site! I posted there yesterday with a question, just wondered if whilst I am getting my N1 and butt in gear (head round it all, no where near as clever as my sister I'm afraid, she got all the brain cells!) I sent the following letter: Dear ************* Further to my letter dated 17th July 1007, I would like to offer you one final opportunity to settle this matter before I proceed with legal action to claim the remainder of the charges levied from my account unlawfully. You have already credited my account with £360, my claim is for £5024 (please see attached spreadsheet, which also shows how much I will be seeking in court with the additional 8%) plus £250.00 court fees. I am in the process of completing my N1 form for the courts and upon reading the first item on the "Notes for claimant": "You must think about whether alternative dispute resolution (ADR) is a better way to reach an agreement before going to court. The leaflet ‘Making a claim? – Some questions to ask yourself’ explains morea bout ADR and how you can attempt to settle your claim" It is this that has prompted me to attempt a final resolution with you which would be in both our interests, out of court. I would be willing to accept an out of court settlement of £4664.00 aswell as the £360 already credited by yourselves to my account totalling the amount I am seeking of £5024. This will save yourselves the additional costs of 8% interest and £250 court fees. Failure to comply with this request will result in legal action against you for full recovery, as detailed in my Letter Before Action. If you do not accept my conditions for acceptance, or you do not respond within 10 days, the money transfered to my account should not be viewed as my acceptance and I hereby authorise you to remove this sum accordingly. I trust this clarifies my position.
  4. Ok, getting my butt in gear and trying to complete my N1 form and get my claim into the courts although I am aware there is a chance the judge my put a stay on it, so I ask, is it worth me sending the following letter: Dear ************* Further to my letter dated 17th July 1007, I would like to offer you one final opportunity to settle this matter before I proceed with legal action to claim the remainder of the charges levied from my account unlawfully. You have already credited my account with £360, my claim is for £5024 (please see attached spreadsheet, which also shows how much I will be seeking in court with the additional 8%) plus £250.00 court fees. I am in the process of completing my N1 form for the courts and upon reading the first item on the "Notes for claimant": "You must think about whether alternative dispute resolution (ADR) is a better way to reach an agreement before going to court. The leaflet ‘Making a claim? – Some questions to ask yourself’ explains morea bout ADR and how you can attempt to settle your claim" It is this that has prompted me to attempt a final resolution with you which would be in both our interests, out of court. I would be willing to accept an out of court settlement of £4664.00 aswell as the £360 already credited by yourselves to my account totalling the amount I am seeking of £5024. This will save yourselves the additional costs of 8% interest and £250 court fees. Failure to comply with this request will result in legal action against you for full recovery, as detailed in my Letter Before Action. If you do not accept my conditions for acceptance, or you do not respond within 10 days, the money transfered to my account should not be viewed as my acceptance and I hereby authorise you to remove this sum accordingly. I trust this clarifies my position. Any advice please, basically will obviously proceed once the 10 days have past?
  5. Hey you know I am no expert but I would say thats a go, go for it, why not. As long as you are sticking to all your time frames I don't see why not, keep a copy. My sister says as long as you don't do it too often it shows good willing from your side and a judge would show favourably with him/her. Not sure if this will spure you on or not because it wasn't Abbey, but my sister has won! Her court date was due to be this coming Monday, by getting advice from this site she sent one last email basically saying see you in court on Monday ******, I will be the 8month pregnant woman on crutches and funnily enough she got a prompt response telling her they were settling, not quote the amount she wanted, I think it was £7 short but she didn't want to argue over £7! Not sure it would've gone down to well with a judge if my sister had turned up to court and the bank hadn't eh! I am due to start court proceeding at the weekend, I got another letter apologising about my complaint and that they were going to investigate and estimated it would take 4 weeks. They are such time wasters, well they would be if I sat hanging around waiting for them.
  6. I like your humour woodwa5, again I feel I have left in the lurch a bit glad to see everyone has been really helpful too you. I think I got the same letter, make sure you keep them all, yeah!!?? Doesn't it say something about contacting you in the next 500 years with a response. I was actually quite shocked, it wasn't too long till I got my offer after that letter, so don't be surprised if you do get an offer letter in the next week or so. But you carry on anyway, if you get an offer, no doubt it will be something pathetic (unless you are really lucky!) so you should be able to find a template rejecting it as full and final settlement but accept it as partial. Currently still waiting for the 10 days to pass until I start on the court stuff. My sister is taking HSBC to court for a measly £200 something and her court date is Monday coming, nothing from them at all, I just hope if it gets to court it gets thrown out. Silly banks! She is 33 weeks pregnant with SPD too, bless her, hobbling about with crutches, last thing she needs is having to appear in court. I guess well just have to wait and see. Keep in touch.
  7. Oh I am sorry woodwa, first bit of advice is don't let the blood suckers get to you. Secondly, if you have a spread sheet from them that is the information kept on microfiche, it doesn't come in statement form. As long as it has dates, what it is for,t he amount etc thats fine. I didn't realise that was something you weren't sure about. Just ignore them. As soon as you have all the information you feel you need, just carry on. I forgot to tell you, about 2 or 3 weeks after my letter before action was sent I got a letter from them making me an offer. Only £330 and considering my claim is over £5000 obviously I will kindly refuse the offer but I am hoping that is a good sign, although still prepared to go to court. Sent my refusal letter today special delivery and given them a further 10 days and then will get on with the court claim. Take it easy, chill out with a glass of whatever you like and just think about the day when you have the money you are owed!
  8. Hi thanks, I have read that already. Can you tell me where I can find a post that answers what I do now. If I have already written to Natwest and got to LBA stage and received an offer from them, obviously I know I need to re-work out the figures to exclude the AG fees but how do I proceed, is there a chance they could not take me seriously, is there a letter template that covers this eventuality?
  9. I am panicing. Got past LBA stage, deadline gone by about 2 weeks but been on hols so no chance to start court stuff yet plus really struggling to get my head round it all so that I don't balls up. Last week received letter from Natwest offering £330 but am claiming £1113. Anyway the reason for my panic is that I have just read the post about charges you are not allowed to claim from Natwest if you have an Advantage Gold account, which I do. Now panicing because I didn't know anything about this before I started my claim and now am seriously worried. 70% of the charges I am claiming are "unexplained" on the statements I received from my SAR. It just says Charge, some are on the 31st and some are on other dates. I tried to understand the posting and whilst I understand some of it I don't understand how you are supposed to tell what is what. I also have referral charges on there varying between £25 and £50. Example: Charge (unexplained) £14.00 31/10/2002 Referral Charge for November £50.00 09/12/2002 Referral Charge for December £50.00 09/01/2003 Interest Charged £00.72 31/01/2003 Charge (unexplained) £02.74 31/01/2003 Charge (unexplained) £07.60 31/01/2003 Charge (unexplained) £25.00 10/02/2003 Interest Charged £00.58 28/02/2003 Charge (unexplained) £20.00 28/02/2003 Referral Charge for February £50.00 10/03/2003 Interest Charged £1.11 31/03/2003 Charge (unexplained) £20.00 31/03/2003 I won't bore you with the full list but the unexplained charges really vary so can someone clarify for me which ones are for AG fee and is it both that and the unarranged borrowing fee? They are usually bunched together, is that right and you can't claim either? I hope someone can help, but I guess I also need to know what I do now? I have written claiming one amount and the new amount could be very different. I am going to look like an idiot and I suppose you could argue that I am.
  10. Dippy?????? Not sure you are asking the right person, I could open it fine, I had problems printing it out, wouldn't print the first page. Haven't had chance yet to try on another printer.
  11. Question - If we have been offered £330 as full and final settlement, are going to respond by saying we accept this as partial but I will return any money paid directly into my account and take you to court will I be claiming for the full amount still or the remainder after £330 or wait to see if they pay the money and then file a claim? I think in the letter I need to use (template 4 of the refusing an offer) it says you have 10 days to pay me in full so I guess I send that, wait 10 days and then file claim for the full amount?
  12. Thanks, will try it at home when I have some new inks. If not I was wondering if you could post me the first page, be happy to reimburse any costs, is that possible? Guess what else, I am stunned and shocked. Got a letter from Natwest in a big envelope. It goes on about how they have there Terms and Conditions and they are not admitting liability BUT offer me £330 as full and final settlement. Obviously I know this is good in one hand but the claim is over £1000 so I need to find a template letter don't I about accepting it as partial settlement and that I will continue to pursue the remainder in court, is that right? I can't believe it, we are processing two claims this one for my partner Rob and one for me from Abbey(£5000), I havent really heard anything from either of them till now. I have no doubt that this could easily still get to court but I have definately taken it as a positive step forward. I am very grateful to you and this site and everyone who has and is helping. Can you feel the love. Watch new home, here we come.
  13. Thank you for being so helpful, it almost makes me feel terrible for asking this next question so please don't shout at me. I have printed off the one I initially want and that is the 2002 one, but it won't print the first page for some really strange reason, is it me or has anyone else experienced the problem? I will try another printer whne I get chance to access one and keep you posted but if you know of anything give us a shout. Thanks again, massive help!!! I am very very grateful!
  14. I am sorry can I ask you experienced folk, how do you know which ones are for you. I am claiming from Natwest from Oct 2002 to March 2007, do I need lots of different T's and C's or perhaps just the oldest ones I can get hold of. In addition, how do I get hold of them, do I just print of what Fendy has got hold which (which is loads and thanks to her for all her hard work!) or do I need to get hold of them another way. Sorry, complete novice here and desperate to get on with my claim. thanks in advance
  15. Sorry at another stage where I would rather ask for clarity and make sure I know what I am doing. I believe we are at the stage of taking them to court, have lent the letter before action. We received a letter saying "thanks for yours, we will consider it and estimate this will take the next decade blah blah....." rubbish. So its filing a claim isn't it, not really sure how I do this, I need to get forms don't I, can someone point me in the right direction of the forms link and I could also really do with getting my hands on Natwest Terms and Conditions, hunted high and low and can not find one anywhere, does it have to be from the period we are claiming from? I have also been told its worth while to keep writing to "Nasty Vest" offering to settle out of court to save the bank on court fees and the 8% interest, keep all copies and the court looks favouribly on this, is that correct and if so how often should I do this? Thanks in advance.
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