Clark v Natwest ***WON***

[Clarky]

Thats what im thinkin!!! Great minds eh sbb1979 lol

 

Well i'll have to do it tomorrow cos the letter is on my comp at work and im at home now!!!

 

Will update tomorrow when ive sent it! And if i get a reply, thats if she isnt too busy eh?? lol

 

Clark xx:razz:

[Warms]

Just some quick words of encouragement (you asked for!):

GO CLARKY GO!!!

Fingers are very much crossed for you

[Clarky]

Thanks a lot Alexandra that wicked!!! I love the bright green!!!

 

Will post when (if) i get a response!!

 

Thanks again

 

Clark xx:p

[Clarky]

Hi again all,

 

So this is what I am sending to Ms Burgoyne at Cobbetts this morning:

 

Dear Miss Burgoyne,

Please find attached a recent letter, which has been delivered to Natwest's registered office this morning. As you can see, this letter includes a schedule of charges as well as clarification of the account numbers relating to the above-mentioned claim.

I trust that both Natwest and yourselves have all of the necessary information to process this claim efficiently however, please feel free to contact me should you need to clarify any further information.

Yours Sincerely,

Can anyone give me any advice as to whether this is ok before i send it?? Much appreciated!

Clark xx:oops:

[Clarky]

Anyone....need to send this before about 11.30am!

 

Cheers

 

Clarky xx:p

[chriswatkins]

sounds ok to me, they tell us all that they dont have any details of claim, they are liars this is what I sent to them

 

Dear Sir or Madam:

 

Claim No:

 

 

 

I Acknowledge the receipt of the defence posted on behalf of National Westminster Bank plc.

 

I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative

 

Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. However, for clarity, I confirm the charges I am claiming were applied to the following account:

 

Account Name:

 

Account number:

 

Sort Code:

 

 

Please also find enclosed a breakdown of all charges I am claiming.

 

Yours sincerely

[Clarky]

Thanks a lot Chris,

 

Well e-mail has been sent with the letter and schedule of charges attached so fingers crossed I'm gonna avoid all the c**p. Who knows though eh??

 

It would make them look pretty stupid if they ask for information that has been sent specifically to the solicitor dealing with the case wouldnt it??

 

Well, we shall see what happens if anything.

 

Thanks again Chris, Ill keep a note of your letter and might nick it if I need to if thats ok with u??

 

Clark xx:p

[chriswatkins]

nick away, thats how I got it, lol

[smoorach]

hi clarky this sounds good yes it just might do the trick of pre empting their request of section 18

[Clarky]

My only concern is that no one elde seems to have done this and I wanna know why?? Could I be jeopardising my claim??

 

Clark xx:p

[Bookworm]

to have done what? Sorry, I read your thread, but I don't understand to what you're referring.

 

 

(PS: have edited your title, you are at anything but the beginning now, lol!!!)

[Clarky]

Thanks for coming in Bookworm,

 

I sent this letter to Natwest Registered office yesterday with schedule of charges:

 

'Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxxx and xxxxxxxx

 

Further to my previous correspondence, I have now issued a claim regarding unlawful fees and penalties that have been applied to my accounts over the last three years.

Just to clarify the claim number is: 6QZ58981 and is for a total amount of £1145.53.

Please find attached, as with my two previous letters, a schedule of all the charges that have been applied to my account in this period. This should avoid any confusion on your part as to when the charges were applied and the amounts taken from my account.

Please forward this schedule onto your litigation team to ensure that they have all of the relevant documentation once more, in order to process my claim efficiently.'

Received my acknowledgement from Cobbetts yesterday with the intention to defend ticked. So I've sent this letter and the schedule of charges to the solicitor on the case as stated on the acknowledgement.

I'm hoping this will avoid the CPR 18 business as they and Natwest head office both have copies (again) of all the info they need. Surely they would be pretty stupid to send me something requesting this info again??

Ive looked around the site so much and still cant seem to see if anyone else has done this and im now wondering why not?? And if I could be jeopordising my claim instead of just waiting for the defence??

Any advice very much appreciated Bookworm??

Thanks

Clark xx:p

[Clarky]

Thanks for the title thing....Didnt even realise is still said that!

 

Clark xx:p

[Clarky]

So Bookworm or anyone else, can anyone see this affecting the chances of my claim being sucessful?? Gettin worried now Ive sent the letter at the e-mail to Ms Burgoyne at Cobbetts!! Eeeek!

 

Clark xx:p

[Clarky]

Something very weird going on.....

 

Logged onto online banking this morning and an account has appeared that is -4000 quid!! The only thing I can think it is is my loan that I have with them but its never been on there before!

Should I be right in thinking the worse and that this has appeared cos Im either gonna be asked to pay it back immediately or my settlement of around 1100 quid is gonna be used to pay it off??!!

Very concerned and starting to wish I hadnt bothered reclaiming my charges now! Not happy! Just off to the bank to see whats goin on!!

 

Has this happened to anyone else??

 

Clark xx:p

[lucythemackem]

Hiya Clarky,

 

Same thing has happended to me I only went on to see if they had taken thge 5.00 for my statements and there was my loan account-I nearly fainted!Mine is -5,737.73!!!!!

[chriswatkins]

it just a new thing that they are doing, its just so that you can see your loan and payments off it and how much is left owing, didnt you see the notice when you first logged into your acount saying it was a new service

[Clarky]

Thanks for the quick responses you two!!

 

I didnt read the notice!!! Ooops! Just skipped to my accounts!

 

Mine is 4415 on a 3000 loan i got a year ago! Oh dear.

 

Thanks for the reassurance Chris!

 

Clark xx:p

[lucythemackem]

it just a new thing that they are doing, its just so that you can see your loan and payments off it and how much is left owing, didnt you see the notice when you first logged into your acount saying it was a new service

 

Hiya Thanks Chris I did see the notice but like Clarky I also skipped passed it,I'll make sure I read there notices in future.

[Clarky]

Call for Natwest telling me they have credited me with £10 after telling me they hadnt received my SAR cheque then charging me 'historic statement fees' and now miraculously 6 weeks later the cheque comes out of my account.

 

The woman cant understand why they havent cashed my cheque til now but has credited my account because 'it is unfair that we have charged you twice for the same thing' !!!!!!!

 

Me thinks its because I'm making a claim against them but I could just be being suspicious.

 

Clark xx:p

[rubynicola]

Hi there,

 

I wonder if you could help, as I noticed your in your messages you have started filed the claim form and therefore have better knowledge than me as what to do next.

 

I am on line completing my Money Claim form. When doing the PoC do I use the template in the library?

 

With the Money Claim form I notice you do not have space to add a schedule of charges ( like if you did the N1), does this mean you just total up the amount and put it where it says amount claimed.

 

I assume the interest will be covered by stating it in the PoC.

 

Thank you so much in advance for the help, I have read all the FAQs and quite a few threads, its just I need assurance I DONT WANT TO GET IT WRONG!!

 

thanks

 

Nicola

[Clarky]

Hi Nicola,

 

This is what is on my court form for my particulars of claim:

 

Claimant has accounts xxxxxxxxx with Defendant from (date of account opening) conducted on their standard terms and conditions. Claimant is claiming the return of £ (charges total) taken by Defendant in charges over x years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the

Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8 % a year from (first charge date) to (date of filing moneyclaim) of (figure on spreadsheet) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (your total charges x 0.00022)

 

I hope this makes sense?? It is a bit tricky to get your head around at first but just ask around on here. Everyone is soooo helpful, i wouldnt of made it this far without the help of several people on here.

 

Orfoster might be another person to ask or chriswakins or djbone or tinkerbelle, they have all help me quite a bit not only with advice but encouragement too.

 

Should you need any help with ANYTHING please feel free to pm me if you need to

 

Hope this helps??

 

Clark xx:p

[rubynicola]

Thank you so much Clarky!!

 

That is invaluable information I am going to get the money claim form done today, as im away for a week next week and want to get done.

 

Fingers crossed for us both.Thanks again

 

Nicola

 

x

[Clarky]

I'm well impressed!!!! And a little surprised!

 

Wasnt sure if I would get a response to my e-mail to ms burgoyne at cobbetts however at 5.15pm today I received this:

 

'Dear Madam,

Unfortunately, we were unable to open your second attachment, and we should be grateful if you would place the same in the post to us.

Yours faithfully

Cobbetts LLP'

Which means I now have proof that they received my e-mail!!! Yipee!!! I really hope this means no delaying tactics but we shall see!

Will be putting a copy of the letter in tomorrows post to get there monday morning. Recorded delivery of course lol

Clark xx:p

[danielle77]

Hi,

I'm just about to do the moneyclaim thing against natwest and have been reading everything hopefully will get it right!

I was offered a settlement from my local branch of about 450, then higley, after I refused that, offered a seetlement of 250 (claim is for jus over £1000), anyone know why he would offer less?

Thanks

Danielle