Natwest v Mickpercy - in full swing

[mickpercy]

Good point Caro, although Mr Pell mentions our case history rather than 'fair and reasonable'. What is completely fascinating is that he's made this assessment based on the records of my dad's accounts and yet, as yet we have failed to recieve our SAR. It's nearly 90 days since we sent it off and we're awaiting a court date. It made me a little cross so I have sent him a letter back as if I had to read it out in court... It reads as follows:

 

Dear Sir,

 

Thank you for your letter dated xx July 2006 whereupon you acknowledge receiving a number of letters and communications regarding my accounts and my dissatisfaction at the levy of charges . I believe you have been made aware of my plight through the fact that I have written, phoned and met in person various members of Natwest’s staff in an attempt to achieve a sense of fair play and a justification of the charges you employ.

 

Indeed, given that you have had access to all the information available on my accounts, I am a little surprised and slightly at odds. There is a county court case pending presently whereby I am taking you to court because you have failed to supply me with the same information you appear to have at your very fingertips? This is in direct contradiction of the Data Protection Act 1998 and I have yet to share the same privilege.

 

As to your raised offer of £2009, I will accept any offers you make including this one, and have done so in the past. However, the sticking point always seems to be that I won’t accept them under your terms: ‘as full and final settlement‘. If you were to offer a ‘full’ settlement, only then would I consider it ‘final‘.

 

 

Yours sincerely

 

 

Px*"X**d off Natwest victim

 

I guess I'm getting a little self indulgent, but hopefully it might be of benefit to someone else in a similar position, or I might be advised this is going too far?!!

 

cheers Caro:-)

[mickpercy]

UPdate:

 

10 days to go awaiting their defence for failing to comply with SAR, claiming £1200 in damages

 

28 days to go. Awaiting their defence on bank charges claiming for nearly £5000

 

next claim for a further £3000 pending and awaiting outcome of two previous claims (wish us luck).

 

Even if we don't win, getting to this stage is a real confidence boost for my parents who have suffered greatly through the stress of financial difficulkty (as many have) and gives us a sense that justice might concievably prevail thanks to everyone involved in running this fantastic site. Many thanks everyone and good luck to all and everyone in theior own battles.

 

X

[caro]

UPdate:

 

10 days to go awaiting their defence for failing to comply with SAR, claiming £1200 in damages

 

28 days to go. Awaiting their defence on bank charges claiming for nearly £5000

 

next claim for a further £3000 pending and awaiting outcome of two previous claims (wish us luck).

 

Even if we don't win, getting to this stage is a real confidence boost for my parents who have suffered greatly through the stress of financial difficulkty (as many have) and gives us a sense that justice might concievably prevail thanks to everyone involved in running this fantastic site. Many thanks everyone and good luck to all and everyone in theior own battles.

 

X

 

I think you should pat yourself on the back Mick. You are the one has has done this, you have helped your parents, and I am sure that they are incredibly proud of you. Well done for getting this far. And what do you mean "Even if we don't win".

[mickpercy]

Issue 1. Our claim against Natwest for failing to supply statements as per SAR - We won. We asked for £1200 and got it, a day before the court date

 

Issue 2. My dad's business account (dealt with seperately to keep in the small claims track) - We won. Have recieved just under £5,000. The full amount plus 8% interest.

 

Issue 3. We have been asked by the judge to fill out a CPR Part 18 form and have done so. They returned with insufficient details, sent letter claiming that we have (see response earlier in this thread). The latest is that the court seems to agree and have asked Natwest to supply a breakdown of their costs, as well as asking us for more details. Will post actual letter later today.

 

Won 2. Nearly there with the third and are in mid-process taking Vanquis, Capital One, and barlclays to court.

 

Win, Won, Win.

 

Thank you to all who have helped and will be glad to share my experiences and will be donating to help the upkeep of this great site.

 

thanks CAG you're wonderful and are a modern day Robin Hood.

[saint-luco]

well done mick threads like yours keep me going, i will get my money back in the end

[mickpercy]

Latest update:

 

We have had to do CPR Part 18 Request and still further letter clarifying our claim. We think we're nearly there, but here's a taster and hopefully this will help us to win and give you confidence even at the event of getting some heavy letters from the Judge and delay tactics from the Bank... Keep going you will all win.

 

 

CPR Part 18 - We've had to do one at the request of the judge. There were further requests as NatWest felt we weren't being very clear, so we wrote a letter claiming it was simply a matter of just how disproportionate these charges were... and something we could never easily ascertain as the bank would not release this information. Here's the Judge's request after he recieved that letter:

 

The papers in this claim were considered by Judge ***** who allocated the Claim to the Small Claims Track to be heard. He also went on to say...

 

The Following Direections Apply To This Claim:

 

1. The Claimant shall within 28 days of service of this order send to the Defendant and to the Court:

 

a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

 

b) Copies of any statement or other document relied upon as showing that each and everry charge has been made;

 

c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

 

d) Copies of decided cases and other legal materials to be relied upon.

 

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

Sounds pretty tough, but we think we have all the answers to these questions... Interestingly the Court order continues...

 

2. The Defendant (NatWest Bank) shall within 28 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

 

a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

 

b) Whether such charge is accepted to be a penalty, and if not why not;

 

c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was.

 

d) Any witness statements.

 

e) Copies of decided cases and other legal materials to be relied upon.

 

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

 

 

So you see, at worst fellow CAB' ers, answer the four questions above and you will win your case. We're not there yet but, we know we will be and wish to impart this knowledge to anyone worrying about CPR Part 18 Requests. For this case to get to the courtroom, NatWest will have to give a detailed breakdown of costs to them appertaining to each charge levvied. Will they do it. No, as if the lose (very likely) this will set a precident, which means everyone can claim back their charges simply and quickly.

 

Hope this is useful

 

Cheers and good luck everyone

[natwesttookmymoney]

Hi, Mickpercy

 

"c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was."

 

That is just so, so beautiful. It's so gorgeous I want to have its babies (even though I'm not anatomically equipped. Science can do wonders, these days).

 

So the sooner you get in your responses, the better, because they've got to come up with the answers within 28 days of you filing?

 

Enjoy your New Year!

Westy

[mickpercy]

Absolutely. Merry Christmas to you too.

[GaryH]

Same directions as were ordered for my Lloyds case. Heres my response - http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/7744-garyh-lloyds-tsb-unconditionally-3.html#post339177. Feel free to use anything you think may be useful.

[anij]

Hi Just got my court date today for Feb 7th.

 

The letter says i need to :

 

Deliver to evry other party and to the court copies of all documents etc...... on which he intends to rely"

 

etc etc

 

any suggestions as to what to prepare?

 

many thanks Anij

[Deller]

You need to prepare the Court Bundle.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

[anij]

Thanks, Do i send a copy to Cobbetts? And do I copy all of the letters I sent them and visa versa?

 

anij

[Deller]

Yes, one for yourself, one for the courts, and one for Cobbetts. Include copies of all correspondence and any other info to back up your claim.

 

There's probably no need to send it all off straight away....just get it prepared.

[GaryH]

Probably best to start your own thread anij, if you have'nt already - this is someone elses remember:)

[mickpercy]

This topic was closed on 10 March 2019.

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