Thanks againg hedgy Sorry I put the wrong attachments down I have amended my post now it was b,c, d I required. Hobson

Thanks Hedgy, In the attachment 1a there is a space for a ref no under Natwest. What ref do I put in there? The attachments I need for 1b,c & d can I find these in the templates library or do you have links that I can follow to find them easily? Hobson

Hi guys, Im sorry for sounding so thick but I have read alot of thread and im getting abit confused. I want to make sure I do everything right. I have found the wording below for section G as my claim is below £5000 can I use this as I am already in the small claims track if not can anyone suggest what I do write or what changes I should make? I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by theDefendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument. However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith. Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks. I believe that the case will last no longer than 1hr.

Thanks Archer, I have just seen a copy of the Draft order from using your link above. I think it looks and sounds like a good idea to use it.

Sorry, what is the draft order?

Had my AQ back and im having problems will filing in Section G, can anyone help? I have seen the step by step guide of filling out the AQ but not sure what type of text to use in this section. Can anyone direct me to a thread that may help me with my wording in this section. My claim amount is £1500 Thanks

Thanks everyone, I will be posting my letter tomorrow. Good Luck to you too!!

Sorry guy's this could be a long thread! I have been going through the stages of claiming my bank charges back since Oct 06. We got to the point where we had, had the 2nd letter from the bank saying they are not going to pay up. With xmas coming up and then sorting our money out after xmas we could not afford to pay the court charges riight away. I checked with someone on the beer garden around March time if we could still put in a claim as it had been a few months and they said it was OK and I could possible get help with paying for the court fees. We went ahead with going to court in April and have now been sent Natwest defence. They are basically saying we have not been in touch with Natwest before putting in the claim. We have now got until the 25th May to reply with the following info: 1. To what account(s) (giving details. of the account name, number & sort code) were the charges applied. 2. In relation to each charge please identify (a) the date when the charges was charged; (b) the amount of the same; and © the reason(s) given for the charging of the same. 3. In relation to each charge, please clarify the follwoing (a) is it the case of the claimant the same should not have been charged? (b) If yes; please explain why the claimant contends that the same should not have been charged? © If no; is it the case of the Claimant that the same should not have been charged in this amount? (d) If yes: please explain why the claimant contendsthat the same should not have been charged in this amount and identify the sum the claimant contends should have been charged. (e) If no; please state the claimants case. 4. In your claim you state that " the charges are an unlawful 'extravagant' penalty". 5. Please specify the clause(s) persuant to which the charges were applied; 6Please specify whether the charges applied were due to breach of contract (by reference to appropriate term(s) of the contract) that the charge related to Paragraph 5: In your caim you atate that the charges are: " an unfair penalty under the Unfair Terms in the Consumer Contracts Regulations 1999". Please specify all of the facts relied on by the claimant in support contentions in paragraph 5 above, and in particular please identify contractual provision(s) that the claimant alleges are invalid by reference to the regulations. As you can see there is alot there and we do still have the letters the bank sent in reply to most of the above mentioned. Can someone help as I am now really worried and not sure what to do next. Do I reply to Cobbetts and sent a copy to the courts? What exactly do I need to send back? Please Help!

Sorry to bother you all again, can anyone help? Thanks

I have received my next letter from Natwest saying there is still nothing they can do and that they have informed there lawyers. Can I start the claim now, I don't still have to wait for the 14 day to expire do I? Thanks

From what everone else from the site has been telling me, NO fight them all the way. I have not yet had an offer from Natwest. I am sending them a Letter before action today. I will be taking them to court if necessary to get all my money back. If they really believe they are right and they are not overcharging why would they offer you anything at all? Good Luck

Can someone help! As per my thread below I need to check this letter is OK before I send. I have found another letter bu BankFodder (see below) which should I use? your address] [their address] LETTER BEFORE ACTION Dear Sir/Madam, ACCOUNT NUMBER: xxxxxxxxx I am very disappointed that you have failed to respond to my letter of the [XXDATEXX]. I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations. I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX. I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the [XXDATE OF FIRST LETTERXX] Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account. In addition to full payment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable. I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice. Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department. Yours faithfully, [name]

I may have found it on one of the threads. I have just had my "Bog Off" letter.

This is my next template I found on one of the template links, is this the right letter to be sending next? Would anyony suggest any changes? Dear Sir/Madam, We refer to default charges relating to unauthorised overdrafts which have been applied to our account by NatWest, amounting to £1323.77. We wrote to you on 9/10/06 asking that you repay these charges as a gesture of goodwill to a loyal customer. Since you have not done so, We intend to take the matter further and claim the amount of £1323.77 through the small claims court. The basis for this request is that under the Unfair Terms in Consumer Contract Regulations and/or the law of penalties, the small claims court could declare such charges unfair and therefore unenforceable. We are only prepared to pay the charges on the condition that the bank agrees to repay me the full amount if the small claims court finds in our favour and declares the charges unenforceable. We look forward to receiving your response within seven days of the date of this letter or we will issue proceedings in the small claims court to reclaim the full amount of charges, plus interest and costs. We are happy for you to contact us on ***** to discuss the matter. Yours faithfully Mr & Mrs Hobson

This is my next template I found on one of the template links, is this the right letter to be sending next? Would anyony suggest any changes? Dear Sir/Madam, We refer to default charges relating to unauthorised overdrafts which have been applied to our account by NatWest, amounting to £1323.77. We wrote to you on 9/10/06 asking that you repay these charges as a gesture of goodwill to a loyal customer. Since you have not done so, We intend to take the matter further and claim the amount of £1323.77 through the small claims court. The basis for this request is that under the Unfair Terms in Consumer Contract Regulations and/or the law of penalties, the small claims court could declare such charges unfair and therefore unenforceable. We are only prepared to pay the charges on the condition that the bank agrees to repay me the full amount if the small claims court finds in our favour and declares the charges unenforceable. We look forward to receiving your response within seven days of the date of this letter or we will issue proceedings in the small claims court to reclaim the full amount of charges, plus interest and costs. We are happy for you to contact us on ***** to discuss the matter. Yours faithfully Mr & Mrs Hobson

Thanks everyone! With everything I have read on this site I thought it proberbly was a stupid question to ask but I wanted to make sure. It's very scary and they definatly know how to make you think twice about what your doing. Thanks again

I have received the following letter today, can anyone tell me if this is just a standard letter they have sent out and should I keep going with the claim? Thank you for your recent letter and I apologise for any dissatisfaction cause by the application of charges to you account. The bank is under no obligation to explain how it's charges are calculated and we are not prepared to entrer into any correspondence on this matter. The complaint is a confidencial commercial matter. We beliveve that our charges are fair, reasonable & transparrent. We consider that the amounts debited to your account have been applied strictly in accordance with your agreement with us and our published tariff which, we are satisfied, complies with all applicable laws and regulations. We are also commited to ensuring the transparency of the information that we give to our customers about the operation of our 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 you bank account. We have considered the office of fair trading's statement of 15th April 2006 and do not accept it's findings in the relation to setting of credit card fees. We are concerned that the office of fair trading has publicly called into question the setting of charges applied to other products, including current accounts. The office of fair trading has restricted its investigation to credit cards and made no attempt to consult with RBS Group or the industry in relation to other entirly different products. Having reviewed your account, I can find no instance where charges have been applied when they were not properly due. They have all been associated with a lack of covering funds in the account at the time items were presented for payment. Accordingly, the charges that have been applied to your account must stand. In your letter you have claimed that we have been acting as your fiduciary, yet I am unsure of the basis for your contention. This does not form part of the normal banker/customer relationship. I am dissapointed to note that you are contemplating legal action against the bank. Whilst I hope you will feel able to reconsider, should you decide to go ahead, please ensure that any proceedings are served on our Registered office address, which appears at the foot of this letter. I suspect that this is unlikely to be the answer you might have hoped for to receive but nonetheless thank you for taking the time and trouble to contact us. Stuart Higley I know most of you have said that they send a std bog off letter out but I don't understand all of this letter. please help!!

Thank's. I have already got all my statements so all I need to do now is put in the claim. I can't believe they have managed to charge me £1300 in 4 years (How ridiculous)

I want to claim from the Natwest, I still have accounts with them but I do not use them as they charged me alot at the beginning of the year, so I moved my money to Halifax. Can I still claim from them?