Unarranged borrowing fees!

[fizzbomb]

Just received a very battered and torn brown envelope from NatWest containing 6 years worth of statements (they didn't charge me the £10 fee either!!). So I'm just settling down to fill in the spreadsheet of charges but not sure whether I can claim the unarranged borrowing fees back. I incurred these charges before I had arranged my overdraft and I've been charged £14 each time I went a few pence overdrawn. Can I claim these charges back too?

[cumbria123]

Yes you should be able to, as these fees do not reflect any actual loss to the bank, ie: you went over by a few pence, it didn`t cost the bank £14.

[fizzbomb]

Thanks Cumbria. Just totted up bank charges and interest and am looking at a figure of approx. £3,500 so battle will commence forthwith!!

[fizzbomb]

I need help again! NastyWest have filed a Defence at the last minute. They (Cobbetts) have also sent me a "Request for Further Information and Clarification" stating I should reply by 28th Sept. I filed my claim on the Money Claim website so was unable to attach my schedule of charges and interest. I realise I need to send them the schedule now but I don't know how to reply to their questions! What do I do? Can anybody help me with my response please?

[paulpb123]

They are just doing this so they can keep your money for an extra 28 days. They've got a cheek because presumably you sent them a schedule of charges twice (with the prelim and the LBA). Just send them it again. What are their other questions?

[seanf]

There is a standard response to Cobbetts request for further info that a number of people have used. It relates also to a CPR part 18 request.

 

Does yours?

 

This is what I sent ... maybe adapt it for your use... hope it helps

 

I understand you have asked for a detailed schedule individually listing all charges debited to my bank account. I have of course provided a schedule of the charges and believe this is sufficient for your clients to exactly understand the details of my case. Please find an additional copy enclosed. Particularly, as your clients have always been fully aware of all charges they have made to my account and indeed, my calculations have been taken directly from information they have supplied me. I suggest you obtain a schedule from your clients as to their confirmation of the charges they have made (and interest thereon).

 

I believe both yourselves and Nat West have been supplied with all of the details necessary to move this claim forwards.

 

I am aware that the Court can order certain and further information from both parties, you appear to have attempted to obtain this information suggesting I am under strict obligations to obey your requests rather than the Courts. With this in mind, I see no reason why I should be sending you any further information relating to this case. It is the Court that decides whether or not any further information is required, not yourselves.

 

Where the Court orders such detailed information, I shall request reciprocal documentation from your clients detailing those same charges and interest to which I am reclaiming along with evidence to confirm the exact costs to which your clients have been subjected and from which they have added profit margins to arrive at the eventual charge made to my accounts for each and every charge.

 

If you feel it other than an abuse of the process to request for further information in the manner you requested it, I have no difficulty in making a reciprocal request.

 

On the advice of other claimants, whose claims are in identical circumstances to mine and who have been passed onto you by Nat West, I will be sending a copy of this letter to the Court. I will also be sending them copies of the letters, which clearly show the schedule of charges and details that you claim I have not yet supplied.

 

I consider that upon allocation this case will be referred to the Small Claims Track; accordingly I consider your CPR Part 18 request to be irrelevant as Part 18 would not apply. I shall not be responding to your requests. I shall of course respond to the order of the Court leaving the matters to be settled by the court.

 

[fizzbomb]

Yes - their request for further info does mention CPR Part 18. I've copied out the questions they've asked which are as follows:-

 

"1. In relation to each charge, please clarify the following: (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 contends that 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 Claimant's case.

 

2. In your claim you state that "the defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law".

 

3. Please provide the following particulars in support of your claim:

 

3.1 Please specify the clause(s) pursuant to which the charges were applied;

 

3.2 Please specify whether the charges applied were due to a breach of contract by the Claimant;

 

3.3 Please identify in each case the particular breach of contract (by reference to appropriate term(s) of the contract) that the charge related to.

 

4. In your claim you state that the charges are: "invalid under the Unfair (Contracts) Terms Act 1977 s.4 and Unfair Terms in Consumer Contracts Regulations 1999 Para.8 and Sch.2(1)(e)" and "unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15".

 

5. Please specify all of the facts relied on by the Claimant in support of the contentions in paragraph 4 above, and in particular please identify the contractual provision(s) that the Claimant alleges are invalid by reference to UCTA/the Regulations."

 

All the info I submitted on my claim form was taken from this site. I'm now panicking slightly! Should I just send the schedule together with a covering letter with your suggested text (which thank you very much for!).

[Mindaugas Skaraitis]

hi paul,

 

what should i write in 'brief details of claim' in N1 form?

 

Many thanks