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troubled2

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  1. Thanks HEDGEY06 it's getting quite nerve racking now that the courts are involved hope l can hold out troubled2
  2. l have just received a a notice for a Prelimary Hearing for 24th July at 11o/c can anyone tell me what o l have to do
  3. lets hope they do the same with me then, because l had to send it off yesterday and didn't have time to readjust all the details what with going to the migraine clinic, think she got out of the bed the wrong side as well, l was so stressed with all this as well as the tablets l was on, that she was talking to me like a child, so went away with my tail between my legs until the next 6months then l will be ready for her. thanks anyway Nattie. l await the outcome.
  4. thanks NATTIE but as l have already asked for them in all my letters and also in my MCOL should l just carry on and hope for the best they might just deduct them and offer what l really should be owed
  5. Hi Louis wu thanks for all your help in the forum, then all of a sudden l got tranfered to the natwest forum and wondered where everyone was. still not sure od this site and who see what but will be faxing over martin3030 letter and my charges to corbetts and the court and was wondering should l also send POC as well . getting a bit less stressed now until the next letter arrives
  6. Thanks for that livelylad l've copied martin3030 letter attached my charges should l add a POC getting a little bit less stressed as l will be at the migraine clinic tomorrow she can give me some more pills
  7. l'm adding my schedule if that helps These are the charges where l think l have messed up Claiming for Charges as set out below 31.10.2005 Interest 31.10.2005 Charges 30.09.2005 Interest 03.10.2005 d/d returned 07.09.2005 pos charges 31.08.2005 Interest 29.07.2005 Interest 30.06.2005 Interest 31.05.2005 Interest 29.04.2005 Interest 31.03.2005 Interest 04.04.2005d/d returned 28.02.2005 Interest 28.02.2005 Charges 31.01.2005 Interest 31.01.2005 Charges 17.01.2005 d/d returned 04.01.2005 d/d returned 31.12.2004 Interest 31.12.2004 Charges 30.11.2004 Interest 29.10.2004 Interest 30.09.2004 Interest 31.08.2004 Interest 30.07.2004 Interest 30.06.2004 Interest 30.04.2004 Charges 30.04.2004 Interest 31.03.2004 Interest 27.02.2004 Interest 30.01.2004 Interest 16.12.2003 d/d returned 30.06.2003 Charges 09.06.2003 Referral Charges 30.04.2003 Interest 31.03.2003 Charges 28.02.2003 Interest 31.01.2003 Interest 29.11.2002 Interest 29.11.2002 Charges 09.11.2002 Referral Charges 31.10.2002 Interest 04.11.2002 Charges 08.10.2002 Charges PRF Total £ Interest @ 8% Total claimed online court £ Paid Court 120.00
  8. 1. yes it is the overdraft interest it seems it is a standard part 18 request
  9. should l type out what martin3030 states posted just above my letter -freerangetracey - then copy all my letters that l sent the solicitor, do you think that will be enough cos frankly l have had enough stress thought everyone said it was breeze and you got your money back no problem - also think l messed up and no one has answered me, l have claimed back monthly interest and charges plus the returned d/d was this right - this is for my son - thought it would be a lovely surprise for him and his new born son, what a backfire for me
  10. think l've been posting things else where - still get confused - got till today to post off the CPR18 do l answer like ED says with name account numer and sort code as l am only claiming under £1500 and attach all letters and charges l sent to solicitors as l sent my form MCOL or do l have to answer the complicated way . l haven't found a section answering that form tey please help getting desperate!!!!!
  11. if l sent my request through MCOL should l return the solicitors letter (CPR18) with your standard letter of just my name account number sort code and attach my charges as l will be claiming under £1500 distressed
  12. Hi ED1237 urgent request how do l answer to para 4.1 4.2 4.3 5 & 6 of the CPR18 have to send it of by Thursday getting really stressed ,do we send it as a statement then add a forwarding letter
  13. just filled that in .but forgot that the solicitors say l will have to pay another lot of court transfer fees, how much will that be ? still waiting for help to fill in the form that l posted earlier in the day closing off now will resume in the morning must get the solicitors letter off by thursday to arrive by Friday or be struck off
  14. These are the charges where l think l have messed up Claiming for Charges as set out below 31.10.2005 Interest 31.10.2005 Charges 30.09.2005 Interest 03.10.2005 d/d returned 07.09.2005 pos charges 31.08.2005 Interest 29.07.2005 Interest 30.06.2005 Interest 31.05.2005 Interest 29.04.2005 Interest 31.03.2005 Interest 04.04.2005 d/d returned 28.02.2005 Interest 28.02.2005 Charges 31.01.2005 Interest 31.01.2005 Charges 17.01.2005 d/d returned 04.01.2005 d/d returned 31.12.2004 Interest 31.12.2004 Charges 30.11.2004 Interest 29.10.2004 Interest 30.09.2004 Interest 31.08.2004 Interest 30.07.2004 Interest 30.06.2004 Interest 30.04.2004 Charges 30.04.2004 Interest 31.03.2004 Interest 27.02.2004 Interest 30.01.2004 Interest 16.12.2003 d/d returned 30.06.2003 Charges 09.06.2003 Referral Charges 30.04.2003 Interest 31.03.2003 Charges 28.02.2003 Interest 31.01.2003 Interest 29.11.2002 Interest 29.11.2002 Charges 09.11.2002 Referral Charges 31.10.2002 Interest 04.11.2002 Charges 08.10.2002 Charges PRF Total £ Interest @ 8%. Total claimed online court £ Paid Court 120.00 Between 8th Ooctober 2002 and 31st October 2005 the defendant applied a number of default charges to the claimant's current account charges are unlawful because they do not reflect the true cost of going into an unauthorised overdraft furthermore they are a breach of the Unfair TERMS IN CUSTOMER CONTRACTS REGULATIONS 1999 which state: A term is unfair if it requires any consumer who fails his obligation to pay a disproportionately high sum in compensation. a charge is deemed to be a penalty if,in reference to the caseof Wilson v Love in 1896, it does notreflect the true cost of the item. l am entitled to claim interst at 8 per cent per annum from the date when charges were first applied to my account until judgement is made. the Claimant ask the court to enter judgement in thei favour for the sum of £plus interest the solicitors letter also states that l will have to pay
  15. Hope l'm doing this correctly the bank is Nat west, l was advised by a friend that l could claim back everything interest,charges and the returned cheque charges and followed the step by step guide in the mail the first letter l sent dated 26th April 2006, Natwest reply dated 18th May 2006 apologising for the dissatisfaction or upset caused but believe the charges are fair and strictly in accordance with your agreement with us and our published tariff. but would like date and amount of any aprticular items and will reinvestigate which I did, but no response. My letter dated 6th June 2006 stated that under the the unfair terms in consumer contract regulations and/or the law of penalties, the small claims court could declare such charges unfair and therfore unenforceable NATWEST 19th June 2006 I can find no instance where charges have been applied when they were not properly due.they have all been associated with a lack of covering funds in the acount at the time items were presented for payment.Accordingly, the charges that have been applied to your account should stand my letter 11th August 2006 was Penalty and Unfair charges explaining that my exceeding the limit was due to either late payment of wages,without a job and then starting college this was a stressful time as l had to pay rent council tax and bills i did ask if they could freeze the over draft and pay the interest and charges when i had a job but the answer was no or to increase my overdraft by £1000 to see me through again the answer was no l stated that the OFT on 5.4.06 announced that default charges which are set at more than £12 will be presumed to be unfair. l also stated that a reasonable charge would be 50p l mention a fit and proper person test to hole a consumer credit license under the CCA 1974 l also stated a Scottish case Castaneda and others v Clydebank Eng and Shipbuilding and DunlopTyreCo v Motor Co Ltd mentioned UK Banks given evidence to the House of COmmons Treasury Commitee then stated that that the charges are not a reasonable pre estimate of the bank's loss in relation to my account no one has had to look at my account or telephone me or collect anything l then reserved the right to commence court proceedings and seek award for distress and inconvenience NATWEST reply- letter was a near repeat of their previous letter 31st August 2006 my letter writing in response in refusing a refund quoting UTCCR and about the actual loss 5th March 2007 posted Money Claim Online hope this helps
  16. To Livelylad and anyone else its NATWEST BANK and the Solicitors letter is as follows not sure what POC is sorry 1. In your claim you state "the Defendant applied a number of default charges to the laimant's bank account 2 please provide the following particulars in support of your claim: 2.1 T what account(s) giving of the aaount name, number and sort code wre the charges applied 2.2 in relation to each charge please identify a the date when the charge was charged (b) the amount of the same and © the reason(s) givn for the charging of the same 2.3 in relation to each charge, please clarify the following (a) is it the case of the Claimaint the same should not have been charged? (b)if yes; please explain why the Claimaint contends that the same should not have been charged? © if no, is it the caseof the claimant thqat the same should not have been charged in this amount (d) if yes please explain why the Claimant contends that the same should not have been charged in this amount and identify the sum the Calimant contends shoul have been charged (e) if no please state the Claimant's case 3 In your case you refer to the charges as penalties 4 Pleas provide the following particulars in support of your claim 4.1 please specify the clause (a) pursuant to which the charges were applied; 4.2 please specify whether the charges applied were due to a breach of contract by the claimant; 4.3 Please identify in each case the particular breach of contract ( by reference to appropriate the term(s) of the contract that the charge related to. 5 In your calim you state that the charges beach " the unfair Terms in Consumer Contracts Regulations 1999" 6 Pleae specify all the facts relied on by the Claimaint in support of the contentions in paragraph 5 above and in particular please identify the contractual provision(s)that the Claimant alleges are invalid by reference to the Regulations
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  18. solictors have sent me a form to fill out like the Draft order of Directions that you say for us to send so not sure how to ansewr it can yo help
  19. hello am a new member, sorry have to burden you straight away, but am desperate. court forms have to be back by 30th April 2007, but do not have a clue how to word it, also think l have messed up, as l have claimed for the monthly interest and the charges on the account, this is for my son thought i was helping him out
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