Can you tell me where I find the bank survey to complete?

I finally managed to win my case vs Natwest and yesteday recieved a Cheque for £3239.92. There is small issue with the Cheque that they have issued me. On the Cheque it is written: Pay ....(My Name) into account 1059**** Now I dont want to pay the Cheque into the account as specified as I have a large overdraft on that account. (I am currently in a Debt Management Plan and have an agreement with Natwest to pay a set amount off my overdraft each month) and I have other priority debts that I need to pay off with the money first. I spoke to the Co-Operative bank,who I hold an account with and want to pay the Cheque into. They told me on the phone that as long as my name is on the cheque, I can pay it into any account I like. They said that Ntwest cant specify which account I pay it into. Can anyone tell me if this is correct as the guy I spoke to didnt sound too sure when I soke to him. Thanks Moustacheman

Can one of the MOD's please change my thread back to Moustacheman vs Natwest.. Thanks

Yesterady Received a Cheque through the post for the total amount of £3239.92!!!! I've Won!!!!!

A friend of mine who has been going through the same process as me has finally recieved a cheque from Cobbetts for the amount of £2143.00. (that means I should get mine by the end of the week!) The only problem is that it is made payable to him, and it states it has to be paid directly into his Natwest account (account number on the cheque). He has a £3000 overdraft which is is dspute and paying the cheque in to this account would just swallow all of the money. Is there anyway that this cheque can be paid into an alternative account?

Thanks for that. One last question. What date were you given for your court hearing? I have heard that when a court date is set, Cobbetts will wait till a few days before the court date and then pay up. Dragging the whole thing out! I am worried that if I don't get a court date till teh new year then Cobbetts will just wait till a few days before then and then finally stump up.

Thanks for the quick reply. Can you tell me What was the timescale between the AQ being submitted, court date being set and full settlement?? sorry for all the questions but I am just desperate to get my hands on my money!! Thanks

Hey Kaznwood, congratulations on you win!! I just wondered if you got to the Allocation questionnaire stage, if so did you submit the AQ and do you know if Cobbetts did also? My deadline for my AQ is Friday which I intend to submit tomorrow. A friend of mine submitted his AQ on monday and Cobbetts submitted theirs too. Surely if Cobbetts are paying £100 when submitting an AQ then paying out, its a waste of their time and money?

Hello all. I am after a bit of advice & Help as I want to get the defaults that are on my credit record removed but I am not sure if I can or how to go about it. The situation is this: 12 months ago I entered into a Debt Management plan and I informed all of my creditors that I was in financial diffiulty and that I was unable to afford to keep up the repayments on my Loan/Credit Cards/Overdraft. So what I did was I tried to re-negotiate a reduced payment plan with my Creditors. Some of them were really good (Capital One, MBNA, RBS) and agreed to freeze the interest and accept my reduced payments. There were others however who were not so good (Natwest, Barclaycard) and refused to accept the reduced payments and therefore defaulted my account. The debts then were passed on their debt collection agencies (Natwest & Barclaycard both have their own inhouse debt collection agencies). I was then able to agree reduced payments with these "debt collection" agencies. I am still paying a monthly amount to all of my creditors and none of the debts have been settled/cleared. My debts with the companies who defauletd me are as follows: Natwest Bank £979.00 in arrears I am in the latter stages of a bank charges claim with Natwest Bank and am claiming back a total of £3,000.00. (When I get my money back I will be clearing the debt) Natwest Credit Card £7,140.00 in areears I am going to start a claim for my charges back on this one and I expect the amount to be around the £200 mark Barclaycard £3,100.00 in arrears I am going to start a claim for my charges back on this one and I expect the amount to be around £600 mark. Can anyone tell me if I can apply to get a default removed on any of these accounts and if so, how do I go about it? Any letter templates that I could send would be extremely helpful. Thanks in advance. Moustacheman

I have a credit card with Capital one and about to start the process of reclaiming my charges back. I am a bit worried though as I believe that I am in a unique situation. Approximately 12 months ago I entered into a Debt management plan. This ivolved informing all of my creditors that I was in financial difficulty. With Capital one they agreed to freeze my account (no more interest charges) and put me on a reduced payment plan which is reviewed every 6 months, Where I am currently paying £5.84 a month off a £970 debt. If I go through this process to claim back my charges are they likely to default the account and demand that the outstanding balance is paid in full?

Can anyone tell me if I send my NatWest Matercard request for statements to the same address as the one for the bank? I sent my bank letter to: Mr Alex Lyons Data Protection Manager Retail Regulatory Risk 2nd Floor Business House B Gogarburen P.O.Box 1000 Edinburgh EH12 1HQ Thhanks in advance

I am just going to ignore that letter I think. A freind of mine who is 3 days ahead of me in a claim with natwest had a 50% offere yesterday. Fingers crossed.

I have today received the following reply to the above letter which I sent.? Can anyone tell me what I do now? Dear Sir, Our Client: National Westminster Bank PLC We Refer to your letter dated 12 October 2006 We note your comments on our request for further information. It is our clients contention that your particulars of claim did not properly particularise your claim. For example, our client cannot properly defend a claim where you have not given the details of each charge you claim is disproportianate and unreasonable. The court is bound by an overriding objecticve to deal with cases justly and ensure that parties are on an equal footing. It was clearly the case that pur client could not respond to your claim where you did not provide sufficient particulars. Our client therefore objects to your allegation that the request is intimidating. Yours faithfully Cobbetts LLP CAN ANYONE TELL ME IF I NEED TO RESPOND TO THIS LETTER OR WHAT I NEED TO DO NOW, IF ANYTHING AT ALL?

Last week I received a copy of the defence which Cobbetts have entered. this was what they put: DEFENCE 1. This defence is filed and served without prejudice to the Defendant's case that the Particulars of Claim do not disclose resonable grounds for bringing a claim against the Claimant to recover the bank charges (and interest thereon) referred to in the Particulars of Claim or any other sum(s). In the event that the Claimant does not properly particularise his claim then the Defendant will apply to strike out the claim and/or for summary judgement in respect of the same. 2. No admissions are made as to what charges have been debited to the Claimant's bank account. 3. In relation to the allegation that th e contractual provisions pursuant to which the have been applied are unenforceable by virtue of the Unfair Contract Terms Act 1977 ("UCTA 1977") and/or the Unfair Contract Terms in Consumer Regulations 1999 ("the Regulations") and/or the common law, the Claimant is required to identify: 3.1 (a) the section(s) of The Unfair Contract Terms Act 1977 ("UCTA 1977") (b) the regulations of The Unfair Contract Terms in Consumer Regulations 1999 (the "Regulations"). And; © the principles of common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable; and 3.2 the contractual provision(s) that the Claimant allege are invalid by reference to UCTA 1977 and/or the Regulations. Until such time as these sections/regulations/provisions are identified the Defendant cannot (save as appears below) plead to the allegation referred to in paragraph 4 above. The Defendant therefore reserves its right to plead further to the allegation once (and if) the Claimant identifies the relevant contractual information. 4. To assist the claimant with the proper particularisation of his claim(s), the defendant serves with this defence a request made pursuant to CPR Part 18. If the claimant fails to provide the particulars requested in the time stipulated and/or the defects with the claim(s) (referred to in paragraph 1 above) remain then the defendant will apply to the court for (among other things) an order striking out the claim. 5. Pending the proper particularisation of the claim(s) the defendant is unable to plead to the claimants claim(s) beyond at this stage denying that the defendant is liable to the claimant at all. The defendant reserves the right to amend this defence to plead further to the claimants claim(s) once or if the claimant properly particularises the same. 6. The claimant is time barred from bringing a claim of unauthoriused bank charges prior to 7 september 2000 by the provisons of section 5 of the limitation act 1980 7. Save as hereinbefore appears the Defendant joins issue with the Claimant on his claim(s) and denies that it is liable to the Claimant as alleged or at all In response to this letter I sent them this reply: 12TH October 2006 Dear Sir or Madam: Claim No: Your Reference: I acknowledge receipt of your defence & request for further information and clarification. I anticipate that the claim would be allocated to the small claims track and would not then expect to have to deal with requests for further information since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative. Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. I am forwarding them a copy of this letter for their records. However, for clarity, I enclose a schedule of charges and I confirm the charges I am claiming were applied to the following account: Account Name: xxxxxxx Account numbers: xxxxxxxxx Sort Code xxxxxxxx Amount: As detailed on N1 form submitted Yours Sincerely, I have today received the following letter? Can anyone tell me what I do now? Dear Sir, Our Client: National Westminster Bank PLC We Refer to your letter dated 12 October 2006 We note your comments on our request for further information. It is our clients contention that your particulars of claim did not properly particularise your claim. For example, our client cannot properly defend a claim where you have not given the details of each charge you claim is disproportianate and unreasonable. The court is bound by an overriding objecticve to deal with cases justly and ensure that parties are on an equal footing. It was clearly the case that pur client could not respond to your claim where you did not provide sufficient particulars. Our client therefore objects to your allegation that the request is intimidating. Yours faithfully Cobbetts LLP CAN ANYONE TELL ME IF i NEED TO RESPOND TO THIS LETTER OR WHAT i NEED TO DO NOW, IF ANYTHING AT ALL?

Hello all, hopefully you can assist me. I am in the latter stages of a claim with Natwest (I have received AQ from the court and a 50% offer, so should hopefully receive a full offer in the next week or so) Natwest defaulted my account approximately 9 months ago due to me not being able to repay my overdraft (£1,100.00). In the letters that I have sent the bank regarding my claim, I have included the removal of the default notice as part of the claim. (Total claim value £3,146.00). If I get a full offer soon then how do I play this? Do i refuse it unless they remove the default or do I accept and then chase the removal of the defualt as a separate thing? Do I even have the right to request the removal of the default? I have 2 other defaults on my credit record, Natwest Credit Card and Barclayard and I'm going through the same process of reclaiming my charges however these are in the early stages. If you can advise it would be greatly apprieciated. Thanks in advance Moustacheman

After reading other threads and other advice given, I have come up with the following template: 12TH October 2006 Dear Sir or Madam: Claim No: 6HR01280 Your Reference: AMB/RR1362-593 I acknowledge receipt of your defence & request for further information and clarification. I anticipate that the claim would be allocated to the small claims track and would not then expect to have to deal with requests for further information since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative. Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. I am forwarding them a copy of this letter for their records. However, for clarity, I enclose a schedule of charges and I confirm the charges I am claiming were applied to the following account: Account Name: xxxxxxx Account numbers: xxxxxxxxx Sort Code xxxxxxxx Amount: As detailed on N1 form submitted Yours Sincerely, Ian Oliver Can anyone tell me if this looks ok to them?

I do have a thread on the Natwest forum but don't seem to be getting much joy. http://www.consumeractiongroup.co.uk/forum/natwest-bank/18372-moustacheman-natwest.html I dont really see what else they can request from me. I have given them all of my particulars of claim. Copies of my schedule of Chages, Copies of all letters sent. What else do they need??

I am claiming my bank cahrges from NatWest. I have followed all of the procedures and sent all the relevant letters. I am now at the stage where the bank have entered a defence against my claim. I went down the N1 route and provided copies of all of my particulars of claim for the bank and the court. I am very confused by all the legal jargon and dont know what to do now. I would really apprieciate some help as I really havent a clue what any of this means and what I need to do next!! DEFENCE 1. This defence is filed and served without prejudice to the Defendant's case that the Particulars of Claim do not disclose resonable grounds for bringing a claim against the Claimant to recover the bank charges (and interest thereon) referred to in the Particulars of Claim or any other sum(s). In the event that the Claimant does not properly particularise his claim then the Defendant will apply to strike out the claim and/or for summary judgement in respect of the same. 2. No admissions are made as to what charges have been debited to the Claimant's bank account. 3. In relation to the allegation that th e contractual provisions pursuant to which the have been applied are unenforceable by virtue of the Unfair Contract Terms Act 1977 ("UCTA 1977") and/or the Unfair Contract Terms in Consumer Regulations 1999 ("the Regulations") and/or the common law, the Claimant is required to identify: 3.1 (a) the section(s) of The Unfair Contract Terms Act 1977 ("UCTA 1977") (b) the regulations of The Unfair Contract Terms in Consumer Regulations 1999 (the "Regulations"). And; © the principles of common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable; and 3.2 the contractual provision(s) that the Claimant allege are invalid by reference to UCTA 1977 and/or the Regulations. Until such time as these sections/regulations/provisions are identified the Defendant cannot (save as appears below) plead to the allegation referred to in paragraph 4 above. The Defendant therefore reserves its right to plead further to the allegation once (and if) the Claimant identifies the relevant contractual information. 4. To assist the claimant with the proper particularisation of his claim(s), the defendant serves with this defence a request made pursuant to CPR Part 18. If the claimant fails to provide the particulars requested in the time stipulated and/or the defects with the claim(s) (referred to in paragraph 1 above) remain then the defendant will apply to the court for (among other things) an order striking out the claim. 5. Pending the proper particularisation of the claim(s) the defendant is unable to plead to the claimants claim(s) beyond at this stage denying that the defendant is liable to the claimant at all. The defendant reserves the right to amend this defence to plead further to the claimants claim(s) once or if the claimant properly particularises the same. 6. The claimant is time barred from bringing a claim of unauthoriused bank charges prior to 7 september 2000 by the provisons of section 5 of the limitation act 1980 7. Save as hereinbefore appears the Defendant joins issue with the Claimant on his claim(s) and denies that it is liable to the Claimant as alleged or at all. Please help as this makes no sense to me???????

I am claiming my bank cahrges from NatWest. I have followed all of the procedures and sent all the relevant letters. I am now at the stage where the bank have entered a defence against my claim. I went down the N1 route and provided copies of all of my particulars of claim for the bank and the court. I am very confused by all the legal jargon and dont know what to do now. I would really apprieciate some help as I really havent a clue what any of this means and what I need to do next!! DEFENCE 1. This defence is filed and served without prejudice to the Defendant's case that the Particulars of Claim do not disclose resonable grounds for bringing a claim against the Claimant to recover the bank charges (and interest thereon) referred to in the Particulars of Claim or any other sum(s). In the event that the Claimant does not properly particularise his claim then the Defendant will apply to strike out the claim and/or for summary judgement in respect of the same. 2. No admissions are made as to what charges have been debited to the Claimant's bank account. 3. In relation to the allegation that th e contractual provisions pursuant to which the have been applied are unenforceable by virtue of the Unfair Contract Terms Act 1977 ("UCTA 1977") and/or the Unfair Contract Terms in Consumer Regulations 1999 ("the Regulations") and/or the common law, the Claimant is required to identify: 3.1 (a) the section(s) of The Unfair Contract Terms Act 1977 ("UCTA 1977") (b) the regulations of The Unfair Contract Terms in Consumer Regulations 1999 (the "Regulations"). And; © the principles of common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable; and 3.2 the contractual provision(s) that the Claimant allege are invalid by reference to UCTA 1977 and/or the Regulations. Until such time as these sections/regulations/provisions are identified the Defendant cannot (save as appears below) plead to the allegation referred to in paragraph 4 above. The Defendant therefore reserves its right to plead further to the allegation once (and if) the Claimant identifies the relevant contractual information. 4. To assist the claimant with the proper particularisation of his claim(s), the defendant serves with this defence a request made pursuant to CPR Part 18. If the claimant fails to provide the particulars requested in the time stipulated and/or the defects with the claim(s) (referred to in paragraph 1 above) remain then the defendant will apply to the court for (among other things) an order striking out the claim. 5. Pending the proper particularisation of the claim(s) the defendant is unable to plead to the claimants claim(s) beyond at this stage denying that the defendant is liable to the claimant at all. The defendant reserves the right to amend this defence to plead further to the claimants claim(s) once or if the claimant properly particularises the same. 6. The claimant is time barred from bringing a claim of unauthoriused bank charges prior to 7 september 2000 by the provisons of section 5 of the limitation act 1980 7. Save as hereinbefore appears the Defendant joins issue with the Claimant on his claim(s) and denies that it is liable to the Claimant as alleged or at all. Please help as this makes no sense to me???????

The deadline for NatWest to enter a defence was yesterday and I havent heard anything. I have just phoned the courts and they said that they had a call from Anne Marie Bolyn (I presume she's from NatWest or Cobbetts) and they are saying that they only had the front cover of the N1, ( I sent 2 copies of everything when I submitted my N1 form so they should have had it!! They have asked the court to send them the additional documentation (particulars of claim) which they did yesterday, but no defence has been entered as of yet??? The lady on the phone said to wait a few days and call back to see if anything has happened. I don't want to wait, I want to get on it straight away and apply for a judgement as they havent entered a defence by the deadline but I dont know if I can do that?? Are they just trying to drag this out as long as possible and get more time? Surely if the deadline was yesterday then they can't enter a defence after the deadline. They have had ample time to get the particulars of claim if they did'nt have them (but they did) Any advice on what to do now?

The deadline for Natwest to enter a defence was yesterday and I havent heard anything. I have just phoned the courts and they said that they had a call from Anne Marie Bolyn (I presume she's from Natwest or Cobbetts) and they are saying that they only had the front cover of the N1, ( I sent 2 copies of everything when I submitted my N1 form so they should have had it!! They have asked the court to send them the additional documentation (particulars of claim) which they did yesterday, but no defence has been entered as of yet??? The lady on the phone said to wait a few days and call back to see if anything has happened. I don't want to wait, I want to get on it straight away and apply for a judgement as they havent entered a defence by the deadline but I dont know if I can do that?? Any advice on what to do now?

I sent my N1 Form off on the 11th September. The bank acknowledged this on the 14th September. On my N1 form I think I made a mistake in the totals. Can anyone tell me if I have made a mistake or if I have done the right thing: Amount Claimed: £2,507.78 (This is the Charges plus the interest on the charges) Court Fee: £120 Total Claim:£2,627.78 I have also put on the front sheet: Interest Pursuant to Section 69 County Courts Act £482.14 or at such a rate and for such periods as the court deems just and also interest at the same rate upto the date of judgement or earlier payment at a rate of £0.55. The £482.14 is the additional 8%. Does this mean that I am claiming just £2,627.78, or am I claiming £2,627.78 + £482.14 + £0.55 per day?? Please help!!!!

Natwest have until 25th September to acknowledge my claim. I went down the N1 Route with the county court instead of the MCOL route. As of today I still ahvent heard anything. On the 26th (If I still havent heard anything) I plan to request a judgement. Can anyone tell me how long it is likely to be after I request a judgement to the Court actuall making a judgement?? Please advise as I'm starting to get a bit nervous now.

I have already provided the schedule of charges with my claim. (I went down the N1 route rather than moneyclaim) Are they still likely to ask for this even though I have already submitted all information with my claim? (2 copies sent, 1 for the court and 1 for the bank.)

Got a letter back from teh cort yesterday and the bank have unitl 25th September to acknowledge the claim. If they do then they have 28days from then to enter a defence. Fingers Crossed!!