Natwest v Mickpercy - in full swing

[mickpercy]

don't think this title tells the story or asks the questions? Is there any way I could change the title to: 'Recieved letter from Natwest - help!'?

[barracad]

Threads merged - please stick to one thread!

 

If you read through the FAQs - specifically the step-by-step guide - you will find out which letter to send and when.

[mickpercy]

Could anybody tell me whether or not recieving the letter (as shown a couple of posts ago) changes what i should do. I'm just not sure whether it is a positive response to say they're investigating thoroughly?

 

I have read FAQ's and will keep reading them, but understand why you would ask me to read them. It would be great to find someone in a similar positition for both support and help.

 

Cheers

[mickpercy]

just a quickie - can I start a new thread as someone keeps mergin with one over a month old. It would be good to start a fresh one to enable responses to the direct matter at hand? Again any comments would be helpful, cheers.

[POLL1952]

I am a complete "virgin" but Nat West took me to Prozac and beyond. I am fortunate to have 1. a very clued up daughter and "2" be a Leo!!

[cumbria123]

Just stick with this thread, it goes to the top with each new post or reply. We can`t all be the newest thread.

[mickpercy]

Natwest would have you believe they have the power with their financial strain of the drug rohypnol, however, on closer inspection you will find all they have in theri pocket is a plastic tub of cuprinol.

 

You'll be absolutely fine if you follow the advice on this website. You are amongst many anonymous friends who are devoted to helping each other get through difficult and stressful things like being metaphored by a banker.

 

I don't know what stage you are at with your claim, but can only wish you all the best and hope you succeed. Although I may be able to help and will if I can, I too am looking for help still as not all areas are covered and sometimes your circumstances seem completely idosyncratic-just your own. However, I reckon with enough digging you'll find the answers to all the dilemmas you now face and much, much more in support. Read on, take part and bloody good luck.

 

p.s. I apologise for my poor use of meaphors.

 

Mickpercy

[mickpercy]

thanks cumbria 123. Like everyone else I'm simply asking if anyone will help with a specific issue. If I am using the thread incorrectly I apologise. I do realise there are many other people with equally difficult situations and problems and all I am trying to do is access that which this site allows us to access: other peoples experience, advice and sometimes short cuts to a solution.

 

I guess as yours is the third message to tell me something about my conduct on this website (appertaining to threads, read the FAQ's and merge don't create new...) and seeing not one response yet to my personal circumstances. You may understand how I feel a little frustrated. That's all it is.

 

What is your situation Cumbria123 and at what stage are you with your claim? I hope everything is going well.

[caro]

Could anybody tell me whether or not recieving the letter (as shown a couple of posts ago) changes what i should do. I'm just not sure whether it is a positive response to say they're investigating thoroughly?

 

I have read FAQ's and will keep reading them, but understand why you would ask me to read them. It would be great to find someone in a similar positition for both support and help.

 

Cheers

 

You must stick to your own timetable. The banks letter does not change how you should proceed.

 

It is much better to keep your story together, so that anyone who may be able to offer help has all the details of your progress to date, so they know what you have done so far and can help advise how to proceed. The advice to this effect is really for your own benefit. Could I also point out that the processes set out in the FAQ's and step-by-step instructions are tried and tested. They work as they are, and it is best to avoid trying short cuts which may end up causing you more problems and delays in the long run, or even risk losing altogether. If there was a quicker way round we would all be using it.

[mickpercy]

thanks caro. i will stick to the schedule as set out. My original thread and estimation was a little out (as it was an estimation) and i figured it might effect the advice given at this stage? but I take on board what you say and will follow all the instructions.

 

Thanks for your time and thanks for responding, much appreciated.

[caro]

No probs. Glad to help.

[cumbria123]

I`m at the stage of waiting around 22 days to see if they settle or go to court. I think I know the answer to that (hopefully)

[mickpercy]

All the very best of luck to you (although I guess luck isn't the word?). could you let me know how you get on? Cheers and take care.

[caro]

Cumbrias Nat West thread is worth a read Mick. He has followed the process to the letter and everything is working out exactly to plan. It is much easier for people to handle if they know what to expect.

[mickpercy]

UPDATE - things are moving along. We have waited over 70 days for our DPA SAR request and now sent a LBA and finally an NI claim for, We have claimed for £1200 as a result of the time put in to organise our accounts (and partially because in our original unassisted letter complaining about illegal, immoral and 'the financial eploitation of vulnerable adults', there offer at that time was £1159 in full and final blah, blah, blah. Of course we did not accept and in all we're owed over £7,000. However, they are responding in an unusual way. With the SAR they have sent us an offer of £500 and our gaurantee not to go public. The wording is a little contentious and we fear were we to accept this, it could be set against our whole claim (which we are splitting into two to enable a small claims track).

As regards our LBA for our first claim (£4,300) they have sent us two letter asking for our patience, yet with no indication about how long our patience should last. If anybody can help us it would be great. In the meantime I will publish the letters so you can all get a look at them and possibly give you an idea what methods Natwest are attempting to allay any claim against them.

 

Promise to publish all three letters in about an hour from now. If anyone can read this and respond that would be great. Cheers, Mickpercy.

[cumbria123]

No patience, stick to your deadlines.

[gizmo111]

As regards our LBA for our first claim (£4,300) they have sent us two letter asking for our patience, yet with no indication about how long our patience should last. If anybody can help us it would be great. In the meantime I will publish the letters so you can all get a look at them and possibly give you an idea what methods NatWest are attempting to allay any claim against them.

 

 

I had the same letter - after premlimary I just stuck to my timetable - told them how disapointed I was with their response in my LBA got a sod off letter and proceed to file claim 22/07. i have never know Natwest to be patient with me when I had been faced with finanicial difficulties so why should we be patient with them? Stick to you timetable. Good Luck

[mickpercy]

Here goes. As our claim is in three parts it's probably best to split them and deal with them as issue 1, 2, and 3?

 

Issue 1 - Our SAR request.

 

Much time passed they cashed cheque and said the amount of requests was delaying their chances of fulfilling it in time (during a phone call conversation). Nonetheless, we sent a LBA (after 50 days) and finally, last week an N1 claim form in our local County Court. Following the advice on this web site we didn't seek damages, but attributed our costs to around three weeks work. Therefore we claimed for £1200, but are happy to accept the Courts decision and their discretion.

 

Since that time we have recieved a letter from the Court from Natwest saying they are defending in full the claim. However, there has been an important contradiction and one which we've sought advice from a barrister friend of ours and this should be made aware, as the wording could get you in trouble if you accept an offer... Here's the letter, which arrived on the 26th July from their Group Litigation office in Princes Street, London, EC2R 8PB:

 

Dear xxxxxx

 

Re: Claim number xxxxxxx

 

I refer to the above claim.

 

I am writing to advise you that the Defendant (Natwest Bank) is prepared to offer you the sum of £500 in full and final settlement of any and all claims which you may have against the Defendant relating to the matters which are the subject of and referred to in the above claim, whether actual or contingent, whether known or unknown as at the date of this offer and whether presently contemplated or not.

 

Please note that this offer is made due to commercial considerations. This offer is made with no admission of liability, and is also subject to your agreement not to court publicity, or disclose or refer to any third party, the background to this matter, and also to keep the terms of this offer strictly private and confidential.

 

In view of the timetable in this matter I ask that you respond to this offer by 4pm on Wednesday 2 August 2006.

 

Will you please indicate your acceptance of the terms set out above by countersigning where indicated, and returning to me, the enclosed copy of this letter. Upon receipt of the copy I shall organise a cheque for £500 payable to yourself to be sent.

 

Your sincerely George Walton. Solicitor

 

 

The problem with this is that with words such as CONTINGENT, CONTEMPLATED or NOT, we could be leaving ourselves wide open to accepting this for their failure to fulfill our SAR and it actually incorporates all our other claims for Bank charges etc. Our solicitor friend said in no way accept this. And we're not. If you recieve letters treat it carefully and carry on with your claim regardless. We look forward to our court appearance on this matter shortly.

 

This is issue 1. I will post ISSUE 2. shortly but await responses to this and any further advice anybody can give on the matter.

 

Cheers lovely people.

[mickpercy]

Sorry to keep posting stuff but it helps me get in my own head what's going on and there is always some great advice or encouragement that comes back. This post is about our second action, for simplicity sake called our ISSUE 2.

 

ISSUE 2 refers to our first claim for my dad's business accounts. We sent a preliminary letter asking for full repayment of the charges from all three accounts, then split the accounts into business and personal to ensure smalls calims track, but in response to our LBA, they've lumped them together as per our peliminary letter. We might have messed up a little, but are sure we will only go for business accounts (£4,300) and once that is dealt with we will claim for our personal account (£2,000). The letter we've recieved back is as follows:

 

It is addressed from their Group Customer Relations department on the 12th Floor, 280 Bishopsgate, London and signed by a Mr Mike Guest

 

Dear Mr xxxxxx

 

Thank you for you letter of 16th July addressed to Mr Abid (he's the guy who responded to our letter sent to Sir Fred Goodwin), following your earlier letter to Sir Fred Goodwin of 27th June 2006. (Notice they have ignored our LBA and are referring to this earlier letter)

 

You have asked the bank to review the charges on your three accounts for the last six years as you consider them to have been unfairly applied. In order to ensure a full investigation, copy statements were ordered and background information had to be obtained from your Business Manager. Responses to our requests have now been recieved and the accounts are currently being reviewed. A response will then be formulated and I would ask you to bear with us and await our response before taking further action.

 

thank you in advance for your consideration.

 

 

We are going to ignore this letter as it is not in any way a positive response and seems to have completely ignored our LBA and simply referred to our earlier letter. Will fill in a claim form on Monday and take them to court for the two business accounts and claim for just under £5,000.

 

Will keep you all posted and guarantee to pay 5% towards the upkeep of this fantastic site. Feeling very positive...

[caro]

Looking good Mick. You sound like you are beginning to enjoy this. You seem to be managing to answer your own questions, but if it helps you to put it all in your thread feel free. It is good for other people who are not so far along as you to see what to expect.

[mickpercy]

thanks for your continued support caro. Have recieved another letter dated 31st July 2006. In it someone called Gordon F. Pell says he has taken over from Sir Fred Goodwin, as he is away from the office, and refers to a previous letter addressed to Mr Abid. He goes on to inform us he is executing these affairs. He gives the usual blah, blah and has obviously looked at the individual circumstances to my Father's account details. Originally I wrote a letter on claiming charges were illegal and they were immoral and commiting financial abuse. I asked for his years charges back of £4000. Then I found this wonderful website.

 

I immediately changed my tactics and followed the well worn path. In his letter he refers to that original letter and a subsequent one where I lumped all the accounts together. In my LBA I'm only asking for charges back from his business accounts, even though they are responding to not just that letter, but all the previous. He has made us an offer of £2008 as full and finalk settlement.

 

He goes on to suggest this £850 increase (from their first offer of £1159) is generous.!!!!! and goes on to say if unacceptable, we should go down the Obudsman route. THE OMBUDSMAN ROUTE!! This is really laughable and certainly not the route we will follow. Spoke to a solicitor friend and he made it clear that more often than not Ombudsman liase and lean towards the bank's interests and are equally difficult and unrealistic as the rotten banks are to deal with.

 

To cut a long story short, we are sending our N1 claim form today asking for charges for my Dad's 2 business accounts. This works out around £4,300 (not including 8% interest).

 

Thanks for allowing me to ramble.

 

Mickpercy - dedicated to kicking Asswest's Nat!!!

[caro]

Well done Mick. Your solicitor friend is spot on with regards to the ombudsman and the banks. I look forward to the next gripping instalment of your tale.

[mickpercy]

I hope so Caro, I really hope so. I suppose, in the end all we can now lose is the £120 in court costs?

[mickpercy]

Just a quickie, too. The last letter sent by Gordon F. Pell, interestingly didn't have WITHOUT PREJUDICE emblazoned on the top. It's the first letter they've sent us without those words (which mean they are usually inadmissible in a court of law, unless requested by the judge). I wonder, as a result, could we use it in court as a sign of their ongoing attempts to buy us out? In the letter, they clearly state their offer is now £2008. I wonder if have they inadvertently accepted some sort of guilt?

What do you think?

[caro]

I imagine Nat West will want to show how they have attempted to settle and you have (in their opinion) unreasonably declined. I imagine it says something like good will gesture, does not mean they agree with you, not commercially worth going to court, or some other get out clause.