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- Consumer Action Group

Got a letter from the court today saying "an acknowledgement of service of your claim has been filed".

 

NatWest intend to defend all of this claim! Is this normal?

Yeap - totally normal.

Expect a defence in due course from Cobbetts in Manchester who Natwest appear to be using asking on what basis the various acts are being used.

They will usually issue this defence right at the very last minute as well.

Hi mate,

A quick question.

How long did the entire process take? I mean how many days from the day you completed your moneyclaim application to the day you received your refund?

Thanks mate.

If its anything like mine, ruddy ages!

Lets look at the potential timescale:

Day 1 - Moneyclaim application made

Day 6 - Claim deemed to be served

Day 20 - Last day for acknowledement (which they usually do on the last day!)

If no acknowledgement made - great you win by default but usually, depending on size of claim they will acknowledge!

Day 34 - last day for submitting a defence and then in my case,

Day 48 - last day for ME to submit a response to their defence.

Usually an offer of a partial settlement would be made at this point

Around Day 60 mark - last day for court transfer allocation papers to be received by the local county court.

Around Day 70 mark - usually an offer of full settlement is made.

And this of course forgets the 28 days you've spent on letters, both normal and pre-legal before you even get to this stage!

hth

and although it pains me to do it, I'm going to have to call it a day and not pursue the interest and extra £100.

Had a massive arguement with hubby last night as I'd asked him to make a phone call to check the particulars of the claim (as for some reason we haven't been able to accesss it online for ages) and he blew his top saying that he didn't have the time to do it and that this was typical of society to day.

I'm really naffed off - I'm only asking him to make one ruddy phone call and as for not having the time - don't get me started on that as he seems to be able to make time when it suits him.....although didn't say that as I knew that would really blow things up.

Anyway A BIG THANK YOU to everyone on these boards who's provided support and advice and a donation will be winging its way to the site, so that it can keep up the good work.

Will still be popping in from time to time though!

I'm not an expert but :

a) I dont' think you can sue for a failure to comply with a DPA request...as I understand it, provided you have paid the £10 fee then the best you can do is complain to the Information Office if they don't give you the info after 40 days.

b) Breach of contract - can you expand on this?

c) Unauthorised charges.....don't you mean unlawful charges?

Also I don't think you can claim for expenses.

I thought the envelope did state a return address of Northampton County Court.

SS - if your parents do ask then I would tell them that you are reclaiming bank charges....its been in the press so much now I would be more surprised if people DIDN'T start the process of reclaiming.

You don't have to mention anything about debts.

As far as I can remember that far back with my claim, you should get a letter from the court in the next few days confirmng the date of issue. The letter will also state the date that it is deemed to have been served, usually about 5 days after it was issued.

This date (ie the date it was deemed to be served) is then used as a base date for all future action.

I've decided to phone them up in the morning to ask them for a breakdown and if (or should that be when ???) we get the extra £440 I WILL be keeping it for myself, don't you worry on that score!

The rest of the money will be going back to Natwest as a repayment off their credit card - so its a double whammy for them in my book!

Shaun - haven't had a default notice so that's 1 less thing I have to bug them about

Kate - you may be right. I could understand the £100 extra court costs as I only paid it on the 2nd and this letter came out a week later but the interest???? I have a feeling that they won't talk to me, which to be honest I haven't a problem with - so long as they realise that they have effectively short changed us.

And so the battle continues!

Was talking (well ok it was more lie gloating but hey I'm a woman!) to hubby last night and I said I was curious as to why Natwest hadn't paid the interest and the additional court cost of £100 and that I'd write them a letter about it.

Anyway hubby got abit touchy (and no he doesn't work for a bank!) and said that he wanted to drop it, that he was totally fed up of it all and that that it was obvious that the banks were only settling as it was cheaper for them to do that instad of taking it all the way to the courts as they were obviosuly allowed to charge something.

(I guess it didn't help at this point when I said that if that was the case why didn't a bank take 1 case to court and then if they won, it would set a legal precedent for the rest of the banks)

Anyway I've sort of agreed to drop the issue of the interest and £100 - well when I say drop it I know hubby isn't going to sign any more letters about it - so here's my question :

If I rang up the solicitors and asked for a full breakdown of the cheque (even if I can work out how they've done it) as our claim was for £2590 which included the charges, interest and original courts but there is now the additional £100 to be considered - to be sent to hubby, would they do this? I'm am assuming of course that they won't speak to me (due to the DPA).

Also I assume acceptance of the cheque would be indicated by the presenting of it so I guess that means I'm hiding the cheque until I get a response from the solicitors eh?

have you been requested to downgrade or hand back c books etc?

No ....that's what is surprising haven't been told to close the account - the only condition that they want me (or should that be hubby?) to agree to is not to disclose the details of any payment to any third party and confirm that I've written to the court.

But as hubby said if they closed his account, he'd close his business account, I'd close my account, my son would close his account and we'd also close our business account so I guess they thought better of it, lol!

Now off to buy some ice-cream so hubby can have it with his humble pie!

Don't know if I should comment on this as I didn't see the original thread but feel I should stand up and be counted.

As I understand it this site was set up by a group of people who decided that the people in the UK were being taken for a ride by the banks and felt that there needed to be a central point for help/advice, which they have primarily funded themselves. That is of course, forgetting the time that they put in, probably to the annoyance of their families.

A few weeks ago I thought I had really mucked things up - to the extent that I was half prepared to accept that I had 'wasted' £120 (which I didn't have) on making a claim. Thanks not only to the help that I received on this site...but also had words of support and encouragement from others making claims and probably as ignorant as me.....I carried on and today received a cheque for £2250 - ok not my full claim but £2250 more than I thought I would those few short weeks ago.

Yes it might be frustrating if you initially don't get a response but lets face it, this is more or less a self help group and as such, people aren't going to be sat by their computers - they do have lives you know! - just waiting for people to come and ask questions, which probably could be answered by a little searching.

Hi Kate

Have wandered over here as I was - ok i'll admit it - nosey to see what stage you're at.

If your case goes anything like mine, then you should get a reply from your business manager - even in response to your personal account as s/he seems to have responsibility for that as well as your business account. This letter should state that they think the charges are fair blah blah blah.

If requested, the statements should come from the Edinburgh head office. In fairness to Natwest, hubby's was sent by courier (so no compliants there!).

from then on the timescale is very much determined by you.....starting with how quickly you send them the 1st letter.

Be prepared for Natwest to enter acknowledge the claim at the last minute, and similarly with a defence. If they do enter a defence then have a look at my thread for possible responses.

hth

Wondered where you've been !

Have spoken to my mum about this (gawd nearly 40 and still asking my mum for advice) and she was gobsmacked that we'd got this out of them ......has made her go off and look at her statements now!

When she asked why I'd not told her we were doing this, I told her that it was becuase I'd have the usual "your wasting your time" reply ...mum is still one of the old school that thinks all bank managers work to help HER, lol!

Anyway Neo I am sure you'll get a positive response sooner rather than later especially as we seem to be working to the same timescale!

Just promise to let me know when you do!

Woke up to another letter from Cobbetts today - 24 hours after they completed their court allocation form - sent late and refusing to a delay to see if an agreement could be reached - they've now sent a cheque for £2150!!!!!

Whilst I'm very pleased that I didn't accept their initial offer of £1200 a week ago, I'm slightly miffed that this amount isn't for my full claim - they seem to have 'forgotten' about the interest and the extra £100 that I've had to fork out because they couldn't (or wouldn't!) send this letter before the 3rd!

Anyway have briefly spoken to hubby and he wants to accept but being the dog with the bone that I am I want to send this letter to them:

Dear Sirs

Thank you for your letter of 9th June 2006 and its enclosures.

However, as you can see from the papers relating to the above claim the full amount being claimed is £2590 which can be broken down as follow:

Reclaim of bank charges £2130

Interest on above sum £340

Court Costs £120

Total £2590

In addition, as a result of an amible agreement not being reached before the case was transferred, a further £100 court costs have been incurred.

As you will therefore appreciate, £2250 only covers part of the claim.

I will quite happily complete the Notices of Discontinuance (form N279) when the claim has been settled in full.

I look forward to hearing with you in the near future.

Yours

Any thoughts/comments???

Have had a letter from Cobbetts with their court allocation questionnaire....eek is mine going to go all the way (knowing my ruddy luck it will!!!!)???????

Also the miserable so and sos don't want to wait a month to see if it can be settled in a friendly manner AND they filed it on 8th June 2006 when they should have filed it by the 3rd - you can see that one going down well if I had tried to file mine late!!!

Big congratulaions winging their way from across the water..........have news of my own (have posted on my thread for continuity - but not as good as yours unfortunatly!!!)

 

How are you getting on? What stage are you up to?

Am claiming £2130 plus the usual......got offered £1200 but turned it down and since then have heard nothing....completed court transfer allocation last friday.

Happy days eh,lol???

Had a defence from Natwest's solicitors which included a CPR 18 request and after having been given brillant advice on the forum, I replied to it and also issued one of my own, giving them until 5th June 2006 to respond.

5th June has come and gone but no response to MY CPR 18 request has been received.

What - if any - action can I take apart from writing them a shirty letter???

(btw they did repsond with a less than 50% 'goodwill payment' which I turned down after sending them the response and the CPR 18 request and I know that as it is in the small claims court they don't necessarily have to respond to CPR 18 request).

Good to see you on these boards....a case of you can run but can't hide eh????

Anyway the daily interest (as was pointed out to me!) is worked out by multiplying the capital by 8% and then dividing the answer by 365.

So the formula in your case is (777 x 0.08)/365 - sorry haven't a calculator to hand.

Just a quickie though I would add your account number somewhere in your blurb as Natwest solicitors reckoned they couldn't identify the account in their defence.

naffed off (putting it very politely!) if they realised that they are being charged an absolute fortune by these solicitors for sending out the same bog standard letter to all the people who are taking them to court.

Just to let you know I STILL haven't heard anything re my CPR 18 request...if I haven't heard by friday I will be writing to them and asking them why I haven't heard as their 14 days were up on 5th so I think I'm being very generous personally in leaving it until friday.

PS when you say 'nice' rbrears, do you mean from the court or from the solicitors????

Natwest Solicitors had until today to respond.....nothing in the post so what - if any action can I take????

If you go to my thread (headed "have I opened a can of worms") you will see a brillant answer suggested to me by another member of this forum, who also suggested the wording of a CPR 18 request of my own.

hth

So they're playing silly bu$$ers with you as well are they?????

As we are working to exactly the same dates, I hung out until yesterday to return the court allocation form (lucky work just up the road from the court!) and asked this very question.

Apparently the district judge can order them to return it if he so wishes but I guess that doesn't look too professional - especially coming from a firm of hot shot solicitors such as the ones Natwest are using although I don't know what would happen if they didn't return it at all.

One thing strikes me though - if they were so quick to make me an offer (did they with you?) why they haven't responded to my turning it down....surely this is prolonging the agony and the amount that they will have to (eventually, hopefully!) pay out. Do you think the fact that this week has been half term week has anything to do with things.....she says putting 1 and 1 together and getting 62??

Oh well guys ....had to pay £100 today as Natwest haven't made further contact since their offer so I guess its to court then.