After last weeks shananagans I've finaly managed to get my head together enough to write to coblers!
I think this covers everything I want to say at this point, let me know if there's anything I've left out (or should have left out).
Dear Lynsey Burgoyne
In an effort to keep negotiations open at this point I am willing to provide you with all information I have to date in support of my claim against your client Natwest Bank PLC.
I had previously tried to resolve this matter directly with your client to no avail. In fact Natwest offered no communication until after I had filled my request to reclaim charges with the court!
I feel I must take this opportunity to inform you of my decision to amend my claim. This in part is due to a failure on behalf of Natwest to provide a complete list of all information when requested to do so. I have included a copy of an email sent to Mr. Higley on the 11th June at customer relations, as it explains my reasons for wishing to submit an amendment to claim via form N244. I am awaiting communication from my local court before I submit this form. I have also included for your records the revised schedule of charges containing the true and total amount that I now wish to reclaim.
I would like to bring to your attention the section of the email relating to Benefits paid into the account! And to the law protecting these benefits
Tax Credits Act 2002.
(1) Every assignment of or charge on a tax credit, and every agreement to assign or charge a tax credit, is void; and, on the bankruptcy of a person entitled to a tax credit, the entitlement to the tax credit does not pass to any trustee or other person acting on behalf of his creditors.
(2) In the application of subsection (1) to Scotland-
(a) the reference to assignment is to assignation ("assign" being construed accordingly), and
(b) the reference to the bankruptcy of a person is to the sequestration of his estate or the appointment on his estate of a judicial factor under section 41 of the Solicitors (Scotland) Act 1980 (c. 46).
I can and will provide proof in the form of full statements in support of this serious breech of the law on Natwests part If and When I am requested to do so by the court.
As you will also notice in my mail! I have since had to take out a personal loan with Natwest to clear “Debt to this Bank” A Debt the bank themselves created by taking funds that were legally protected!! I feel that I was left no choice but to accept the loan to protect any further funds being levied from my account, leaving me without the funds to provide even basic necessities for my family!. I am seriously considering given the banks behavior bringing this complaint to the Financial Ombudsman for their consideration.
I would also like to take this opportunity to Decline an offer made by your client directly, dated 5th June and thus not in response to my communication by mail on the 11th June.
The offer is not given as an admission of liability of error! And has been offered as full and final settlement of my complaint, as a gesture of goodwill. The amount being offered is £3,005.00 paid directly into my account. While I am willing to accept this amount, I will not accept it as full and final settlement And will only accept it as part payment and will continue pursue the full amount now standing at £5,608.87 inc 8% interest (the standard the court will award) + court fees (currently standing at £120)
If your clients are unable to agree that this amount is made as part payment then I shall decline the offer entirely and continue my claim through the court process.
Finally I have also included my response to your request for CPR part 18.
I hope the information I have provided Clarifies my position.
I look forward to your future communications