A quick update ..... After a very bitter morning in which i'd discovered that i'm yet AGAIN being charged this month, i decided to put a spare hour to good use and send a few emails around. First to Rt Hon John Hutton (Secretary of State), then to Jack McConnell, my local MP Jo Swinson, and the Rt Hon. Gordon Brown. I explained that although the government had been working hard over the years to stop poverty (every child has the right to live free of poverty) by improving the benefit rates / introducing Tax credits etc, the banks were consistently undermiming this work by continuing to "confiscate" benefits paid into the account to cover their own unlawful and extortionate fees, resulting in my family, and families of thousands of others to live below the poverty line.(see post 10) I followed this up with a phone call to the Rt Hon John Hutton and spoke at length to his Personal assistant (who is in agreement that the bank charges are excessive). I will be getting a reply from him within the next two weeks. I run out of time shortly after, but am planning the same phone call follow-up with the others named above. Any replies in writing will be copied and sent to the bank along with a copy of the letter i'd sent. It may be a pointless exercise ... but to quote Tesco's "every little helps" and Natwest "there is another way" (hahaha just watch me Natwest) wish me luck!!!!

Thanks lickthewall, Thats great! congratulations on your win! I'm going to send that shortly after the LBA ... determined to include something about the bank forcing the family below the poverty line by taking unlawful penalties from benfit payments in the actual LBA letter, was also thinking about sending a copy of the LBA letter (and a copy of the one above with an explanation) to the government ministers who actually deal with these benefits --- may help "raise the stakes" a little. hmmmm thinking allowed now --- wouldn't hurt to send to the local MSP either! Thanks again Gimme xx

Hi Guys, Started my claim against Natwest for £1800 plus interest, the prelim letter was sent yesterday by recorded delivery, and according to royalmail tracker, was recieved by them today. Will be sending the LBA to them in 14 days (starting today) My personal circumstances have meant that for a large part of the claim period, i've been claiming benefits. Natwest have taken on average £60 a month in penalties. The government deem the benefit rate to be the MINIMUM living allowance and Natwests extortionate charges have left my three children and I living below the poverty line. I'd like to make the bank aware with this in the LBA, does anyone have any suggestions of the wording to use?? I'd prefer to settle out of court in full, but am looking forwards to the challenge of going "all the way" P.S I'm currently living in Scotland, and my branch is in England. I'll keep you all posted Gimme xx

Good luck John, I'm about a month behind you (natwest recieved my prelim letter today) and i'll be following your thread closely Gimme xx

Hi guys Just wondering if anyone witha sharp brain and sharper (legal) tongue can help me out? I've sent the Prelim letter by recorded deliveryto Natwest for recovery of £1800 + Interest, (letter delivered and signed for today, confirmed by royalmail tracker) For the past few years, i've been forced to claim state benefits due to a marriage breakdown and 3 pre-school age children. Natwest have without fail, charged me in excess of £60 a month in penalties. The benefit is regarded by the government to be the MINIMUM living allowance, and unlawful bank charges have resulted in my children and I living below the poverty line and causing extreme financial hardship I would like to include this in the LBA i'll send in a few weeks time, but i'm not sure how to word the letter. I'm hoping that the bank will settle in full, out of court, but i'm prepared to meet them there if needs be. I am also tempted to send a copy of the letter (along with an explanation) to the DWP, and the government ministers who deal with the benefits ... any idea who they are??? lol Any help / advice would be really appreciated GIMME xx

OMG!! OMG ... is that REALLY you Stevo??? call me ... HELGA (aka Gimme, aka your ex) xx

CONGRATULATIONS!!! You got there in the end! .... and all Abbey have done is make themselves look like the incompetent (*insert whatever*) they really are!! ... now, £10 short?? i wonder whether you could include food/drink needed at the hearing in your costs lol Gimme xx

oooppps ... did i say BLOND??? I really meant "auburn"(with pink highlights) Nigel the hairdresser said the short cropped look works really well with my 6'1" 17 stone frame. Needed a new look for the Scottish Womans Rugby Tournament in November ... See ya at the bar for a pint mate ... HELGA (aka Gimme) xxx

Thanks Stenokenevo I've gone for the "cheeky way" ... basically used the simple excell spreadsheet, calculated all the charges (not including the interest they charged me ... far too difficult for my small brain lol), changed the 8% to 16% and am claiming compounded contractural interest based on their authorised borrowing rate of 16.4% in 2001, I've included it in the calculations i sent to Natwest today as i intend to go for contractural interest (that accrues daily until settlement) instead of the statutory 8% you include as it reaches court stage. I amended the prelim letter to warn them that I am claiming the contractural -- afterall, they deemed this rate to be "fair and acceptable" when i borrowed from them. "whats good for the goose is good for the gander". If it reaches court stage, they can argue the "unfair interest rate" with the judge, but that won't come untill they've satisfied the judge that the initial charges they applied to my account are fair and just. I will add in the LBA that i will accept 8% in the alternative if they settle out of court (hopefuly this may set the precedent and they'll settle the next 3 claims quickly without doing the whole process again and again) Another point that i intend to raise in court (or at least use as part of my case in the run up) is the fact that for a good part of the claim period, i was forced to claim welfare benefit for myself and my 3 children due to the breakdown of my marriage -- which itself was in no small part due to financial problems. The welfare rates are based on the minimum living allowance decided by the government (of which the banks are well aware), still, the banks charged in excess of £60 a month penalty charges, effectively placing myself and my children below the poverty line. If they disagree with this, they can explain this to the judge too. Views on this would be GREATLY appreciated Gimme xx

Thanks Stevokenevo, Hopefully i'll be as successful! The prelim letter went off to Natwest this morning, recorded delivery (i even asked for a receipt for the cost from the P.O lol). I'm now considering going down to England to claim the whole amount through the small claims court ... i have friends and family there, but will wait and see what Natwest reply with first. I PREDICT A RIOT ....

OK!!! here we go ... blond moment over i think (i hope ) I've filled in the Scottish simple excel spreadsheet, changed the 8% interest box to 16% (the rate of authorised borrowing for Natwest) and have included it in my calculations, and will ask (very politely) for it all back. I've read on the forums that you can give the an alternative of 8% if it goes to court?? I've also calculated it with the 8% interest instead of the 16% on a seperate spreadsheet just incase. I'll break it down into £750 increments and submit the first claim (long drawn out process but i'll get there in the end!) ADVICE NEEDED!!! does this sound right / make sense to anyone else????? Cheers Gimme xxx

Thanks Stevokenevo! Right ... close your eyes tight ... assume that i'm a blond 12 year old with a number problem (not talkin' bout my vital stats ) Pllleeeaaase can you explain the above to me in small "bite size" pieces?? what spreadsheet did you use for this? etc etc Thanks Gimme xxx

Thanks Larsson That helps a lot. One more question tho' (or two ... or maybe another half dozen) ... which spreadsheets did you use? the simple one with the 8% or the complex one which calculates the percentage of the overdraft interest? Correct me if i'm wrong (which is pretty much all the time with these spreadsheets...) I take it you added 8% to the claim, then got a further 8% from the court when/if it reached court? Thanks again Gimme xx

Hi Guys I'm fairly new to all this, read read and read the various posts again and again ... and am still confused . I've recieved the statements from the bank and have calculated the charges so far WITHOUT interest. I've had a look through the spreadsheets and the interest is doing my head in!! 1. How is contractual interest worked out (bearing in mind my account has been run in the overdraft pretty much constantly)? 2. What is the difference between contractual interest, compounded interest, judicial interest and the 8% interest andded at court stage? 3. Has anybody had any success in claiming in Scotland with contractural interest? 4. I plan to claim using the small claims procedure in Scotland (£750) and submit 4 claims ... do i also complete 4 seperate spreadsheets and submit those one at a time (send number 2 when number 1 has been settled etc) or hit them for the full amount in one go, then break it down into £750 chunks? I really REALLY could do with some help on this! ... THANKS !! Gimme xxxx

Hi, I have lived in Scotland for 3 years but my bank (natwest) is in Hertfordshire, England (the only Natwest branch close to my address is 15 miles away in the city centre). I'm a newbie to this and have today sent off my first letter asking for past statements along with my fee. Would i be able to claim in England, or would it be more beneficial to go through the scottish court system? Many Thanks, Jo xx