Still waiting for the cheque.....

There is a letter on the forum to say "thanks for the offer, and I will continue to pursue the balance" in more formal terms! I refused £1600 over 2 weeks ago, my full claim (£3156) cheque is in the post.

I won!!!!!! Just rang Ms Burgoyne (as she hadn't responded to voicemail or email) and she told me her colleague had put a cheque for the full amount in today's post! yippee!! Just need to wait for the cheque (which is going into a different bank!) and then pay off my debt to NatWest!

please can a moderator move this thread? thanks, Flossy

Can a Moderator pls move this thread as its a new claim.........Thanks

Hi savvykaz, I didn't understand it either! Basically it's the letter that is in the library, with your own details in. I sent Cobbetts this and last week they sent me a 50% offer letter....must have rattled them a little, eh?

I got the same thing....i had a 50% offer letter last week. This is what I sent them - amend the red bits: IN THE xxxxxx COUNTY COURT CLAIM NO xxxxxxx Between xxxxx Claimant And NATIONAL WESTMINSTER BANK PLC Defendant AMENDED PARTICULARS OF CLAIM 1. The Claimant has the following account with the Defendant: a) Account no.xxxxxxxx sort code xx-xx-xx (“the Account”); b) During the last 6 years the Defendant automatically debited charges to the Account in the sum of £xxx.xx Full details of each and every charge applied to the accounts are already in the possession of the Defendant, from whom the Claimant obtained such information prior to this claim. However details of all charges, the amounts, dates debited and a description of each is attached to this Particulars of Claim. 3. a) The charges are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed alleged actual loss to the Defendant; and instead unduly enrich the Defendant which applies charges with a view to profit. b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of i) the The Unfair Terms In Consumer Contracts Regulations 1999 particularly but not limited to Regulations 5, 6 and 8 and Schedule 2, 1 e) and ii); the Unfair Contract Terms Act 1977, particularly but not limited to sections 3 and 11 and Schedule 2 and iii) the common law relating to liquidated damages and penalties in contracts. 4, a) The Claimant is unable to specifically plead the term of his contract with the Defendant upon which the Defendant relies in levying charges since the Claimant has never been provided with the Defendant’s Terms and Conditions for personal banking. However the Claimant is able to note from the Defendant’s website that it has produced standard terms and conditions for the Account, known as Personal Banking Terms and Conditions, (“the Personal Terms”). Copies of the Personal Terms have been supplied to the Defendant and will be referred to by the Claimant at the trial of his claim. The Personal Terms contain provisions which are, as far as the Claimant is able to identify, the contractual terms upon which the Defendant relies in levying charges to the accounts. The Personal Terms do not contain numbered paragraphs that can be easily referred to and the Claimant therefore sets out the relevant terms below: From the Personal Terms: “Service charges Service charges for operating the account are charged as detailed in the promotional leaflet insert relating to the account and are subject to annual review. If any changes are made, details of the revised charges will be sent to you at least one month before the implementation date for the changes. Additional services and charges We are entitled to charge for additional services provided to you, whether these relate directly to the account or not. The current charges for the most common additional services are detailed in a separate leaflet ‘A guide to Personal Current Account Fees’ available from any of our branches; details of services not included are also available from any branch. These additional charges, which are normally paid for at the time the service is provided, are subject to annual review. If any changes are made, a revised price list of the most common services will be sent to you at least 30 days prior to the date of their implementation. “ The Personal Terms contains the following provision relating to operations on the account. “Operations on the Account You must always ensure that the cleared balance (plus, where applicable, any unused agreed overdraft facility) on your account at 3.30pm on the working weekday before the day: – cheques you have issued are presented for payment – standing orders and direct debits are due to be paid – you withdraw money from a cash machine – you carry out a Switch/Maestro or Solo transaction – you request us to make payments by any electronic means or by telephone – any other transactions are due to take place, including the application of interest and charges is sufficient to cover payment of all these transactions. If a sufficient cleared balance (plus, where applicable, any unused arranged overdraft facility) to cover payment is not available on your account by 3.30pm on the working weekday before the day on which these transactions are due to take place, payment of some or all of the transactions may be refused. However, if at any time such transactions would result, without prior arrangement, in the account being overdrawn or the arranged overdraft limit being exceeded, we may exercise our sole discretion and without contacting you, allow an overdraft to be created or allow the borrowing limit to be exceeded. In these circumstances, the new or excess overdraft is an unarranged overdraft.” b) The Claimant contends that the term “Additional Services and Charges” is not a core term of the contract and therefore falls within the remit of The Unfair Terms In Consumer Contracts Regulations 1999 and that the term is subject to the Unfair Contract Terms Act and the common law as set out in paragraph 3b) of this Particulars of Claim. c) The Claimant avers that the circumstances giving rise to the levying of charges by the Defendant are all breaches of the provision relating to Operations on the Account and which sets out a mandatory requirement in respect of the maintaining by the Claimant of cleared balances on the accounts. As such failure to adhere to that contractual requirement is a breach of the agreement between the Claimant and the Defendant. d) The Claimant further contends that the Defendant is only entitled to be compensated by the amount it would be able to secure in a claim at common law in the event that the Claimant was individually sued for breach of contract by the Defendant. Accordingly the charges that result from the breaches are by their nature as set out in paragraph 3a) of this Particulars of Claim and are therefore unreasonable and/or unenforceable and/or in terrorum in respect of each and every occasion that they have been debited to all of the Claimant’s accounts. e) The Claimant avers that the Provisions relating to “Service Charges and “Additional Services and Charges” provide no details whatever of the extent or type of services that might be provided and that it was not clear from the contract to the Claimant at the time the contract was made that the Defendant would be providing anything other than a free banking service. Further, the leaflets setting out charges referred to therein were not made available to the Claimant at the time the contract with the Defendant was made and are therefore not incorporated into the contract. To the extent that they may be found to be so incorporated and therefore form part of the contract between the Claimant and the Defendant the Claimant avers that the items referred to in such leaflets do not constitute service charges but punitive penalty or default charges for acts of default. Further the Claimant contends that these show that the Defendant has structured the Claimant’s accounts in order to present events of default spuriously as additional services for which a charge may be made and that any purported fees for “services” or “additional services” are no more than disguised penalties. The Claimant avers that no additional services are supplied by the Defendant in relation to acts of default or at all. f) The Claimant further avers that the sole discretion referred to in the provision relating to Operations on the Account does not refer to or make clear that the Defendant is providing an additional banking service to the Claimant in exercising that discretion, nor that a charge for such alleged “service” will be made. The Claimant also contends that the discretion referred to is limited to allowing payments to be made where insufficient funds are or were in the Account and therefore relates only to the Defendant’s “paid referral fee” and that this discretion has no connection with fees applied immediately for refusing payments or for unarranged borrowing/excess borrowing fees applied later to the Account for being overdrawn or exceeding any overdraft limit in the preceding month, card misuse fees or other fees. 5. a) To the extent that it is found that the Defendant’s charges are for the provision of banking services the Claimant contends that the price thereof is unreasonable pursuant to section 15 of the Supply of Goods and Services Act 1982. 6. Accordingly the Claimant claims: a) the return of the amounts debited to all the Claimant’s accounts in the sum of £xxxx; b) Court costs; c) Interest at 8% per annum pursuant to section 69 of the County Courts Act 1984 on the charges debited to the Account in the sum of £xxx.xx and continuing at the daily rate of £0.50 until judgment or sooner payment I believe the facts stated in this Amended Particulars of Claim are true Signed……………………………………. Claimant Dated this 14th day of September 2006

I got my copy of their AQ on Wednesday, and received a 50% offer letter on Friday......the end is near, I can feel it in my bones!

Quick update: Defense received 10/9 My A/Q filed 14/9 Cobbets A/Q received 26/9 50% offer received 30/9 Refusal of 50% offer faxed & posted 02/10 Hopefully 100% will be offered soon!

Quick update....acknowledgement received, papers served, Cobbetts are defending the claim. Lets wait & see what happens now.....

Think you misunderstood - I submitted my Moneyclaim on line on Saturday 29th....still waiting for any response or money.

Quick update.....got paid on Saturday, so have paid my court costs to Moneyclaim, 6QZ50372 - £3044.97 inc £120 fees......

£5 if you ask them, or £10 for the Data Protection Subject Access Report - this is the standard fee. If you go for that one, they have 40 days to respond (provide info, someoen correct if i'm wrong ). Good luck!

You can send to either. I sent 1 letter which was eventually dealt with, but got a better response from my local branch, as I have quite a good relationship with the staff, the original letter I sent got sent down to the Customer Servic centre, who replied after my branch had sent me the info, all added up AND copy statements. AND they refunded my £5 statement charge coz they sent me the same 18mnth block 3 times!

Sorry, I can't add up, has your 40 days run out? And has your cheque been cashed?

see, told you that you'd get more specific help! Seriously though, take time to read everything, and be sure you know exactly what you are getting into - you may end up in court to state your case. If you are not prepared to take the claim this far, then you may not get any charges back at all. I have got to the point where I am about to file against Nat West & have had no goodwill offers whatsoever, but I am prepared to fight my case.

Best thing is to read all the FAQ'a, then read them again. And then follow the step by step guide. Also, to avoid hijacking a thread, start one with a header asking for help - then you'll get more specific responses

Thats where I sent it in the end....Mr Higley sent me a "go away" letter & reminded me that if I wish to pursue throguh the courts, to send it to the registered address! So I will do:D

I've got the Moneyclaim online thingy ready to go when I get paid next week - i haven't had a "goodwill offer" so they will get a claim from me instead! Am a bit annoyed because they surely know that other cases are being paid out, so why put us through the hassle & costs of claiming via Moneyclaim, and incurring more & more legal costs - unless Cobbetts are on a retainer fee for any work during the year, with no extra charging available (never thought i would feel sorry for a solicitors, but if this is the case, they must be losing out hand over fist )

You can send it to either your branch or to the Customer Service place at Borehamwood Don't forget to send a schedule or list of all the charges...

Well, I received a letter from Mr Shrigley yesterday..... 1. Apparently he is "unsure of the basis for your contention" that I claim the Bank have acted as my fiduciary. Is he being nitpicky, or has he got a valid point? 2. "We have considered the OFT's statement of 5 April 2006 and do not accept its findings in relation to the setting of credit card fees. We are concerned that the OFT has publicly called into question the setting of charges applied to other products, including current accounts. The OFT has restricted its investigation to credit cards and made no attempt to consult with RBS Group or the industry in relation to other entirely different products. "Consequently, against that background, we must differ with the views you have expressed and will not be refunding any of the charges applied to your bank account" Is this the same letter other poeple have received? And am I ok to wait until payday (31st!) to start my Moneyclaim action? Thanks peeps!

Have today completed my schedule of charges to send off to Borehamwood with my LBA. Chappie at my branch who added up needs new batteries for his calculator though - figure is actually £2311.86 including their interest charges of £78.81. Fingers crossed that they pay up quickly!

Well, I've received a very nice letter from my branch manager - basically telling me that they won't be paying. As this was from my branch and doesn't appear to be copied to anyone else in the Bank, do I be polite & send a copy of this letter to the Head Office? or do I carry on with the branch manager?

I have already deducted the Advantage Gold fees & previously refunded fees from the total to give a claim of £2151.... The actual total amount of fees including those deductions was in the region of £3k. Thanks for the timing advice - that was very useful to know!

Hi, am a new poster, although have been lurking for a while. I've recently decided to bite the bullet and ask for my bank charges back. I asked for copy statements, and was charged £5, but instead of Jan2000 - Dec 2002, I got Oct 2003-Feb 2003 - 3 times!:o Anyway, after a bit of moaning, they refunded my £5, and a VERY nice chap in my branch wrote me a lovely letter detailing the charges for the last 6 years, gave me the Advantage Gold subs figure AND refunded charges figure too, which meant that I could write my "give me my money back" letter today! I have delivered this to the branch (using the Library script) and my little clock is ticking merrily away..... to the tune of £2151.91! They had already given me £697 back over the period (I'm very good at complaining - or so my kids tell me!) but I want it ALL! At one point, the charges in one month ate all my salary payment, causing me to be overdrawn AGAIN....that vicious cycle experienced by many. Anyway, will keep you updated! ;-) Flossy