Natwest: Advice Needed for Claiming Back Charges

[caro]

When is the AQ due to be submitted?

[resonate]

By 6 Aug. Have given them 7 days to respond to amendment, so I guess still plenty of time...?

[resonate]

Hi Everyone.

 

So it has been over 7 days since I sent a request to amend my POC. I kindly asked to hear back from them within that timeframe. However, I haven't heard anything. My questions are...

 

1. Shall I now fill out a N244 form and send to court? (I have already sent them the amended POC ahead, in triplicate).
    
   
2. I know I have to pay a fee for this, but would I get this money back should I ever win?
    
   
3. If so, do I add this fee to the Total Claimed now?
    
   
4. Shall I hand in my AQ at the same time as the N244, because the deadline is quickly approaching?
   

 

It's so crazy. The fees and interest alone will now amount to about £160 (not including the £45 they paid to make counterclaim), which is half of what I started claiming for in the first place! Why on earth do they bother with all the hassle and expense?

 

Loads and loads of thanks!

[resonate]

Bump.

 

Sorry. Does anyone have any advice? I only have until Wednesday to decide...

 

Resonate.

[caro]

Thanks. I don't feel I can use what's in that link though, because I don't fully understand it. As I mentioned,

 

11. In the premises the terms imposing the charges are unfair within the meaning of Regulation 5 (1) and thus not binding on the Claimant under Regulation 8.

 

seems randomly placed, it's not clear what Regulations it's referencing and it's unclear where sections 8, 9, 10 even are. I can't send something that's inconsistent . I've seen so many examples of what one should put in POC for bank charges that I'm not sure what's right or wrong and I'm very confused.

 

The regs are the Unfair Terms in Consumer Contract Regulations. (Sorry not to get this answer to you until now.)

 

Hi Everyone.

 

So it has been over 7 days since I sent a request to amend my POC. I kindly asked to hear back from them within that timeframe. However, I haven't heard anything. My questions are...

 

1. Shall I now fill out a N244 form and send to court? (I have already sent them the amended POC ahead, in triplicate).YES
    
   
2. I know I have to pay a fee for this, but would I get this money back should I ever win? Officially no, but if you ever get as far as doing a wasted costs order it might be worth trying for.
    
   
3. If so, do I add this fee to the Total Claimed now? No.
    
   
4. Shall I hand in my AQ at the same time as the N244, because the deadline is quickly approaching?No reason why not.
   

It's so crazy. The fees and interest alone will now amount to about £160 (not including the £45 they paid to make counterclaim), which is half of what I started claiming for in the first place! Why on earth do they bother with all the hassle and expense?

 

Loads and loads of thanks!

 

They bother in the hope that you'll give up.

[resonate]

Thanks Caro!

 

Is it OK/necessary to say on the Application Notice (N244) that the defendant has failed to reply to my request for the amendment of my POC? Or shall I just say it in the covering letter...

[caro]

I think it would be ok, and shows the judge that NW are not being particularly co-operative in trying to resolve the issues.

[resonate]

All done, and sent!

[caro]

Brill. Keep us posted.

[resonate]

Hi everyone, long time no write. I hope you're all well.

 

Except for the court allowing the amendment to my POC, there has been no further news on this claim. However, I have a burning question:

 

I saw an advertisement by Natwest in the newspaper last week which was about how they are reducing overdraft charges in October. I was appalled by it, to say the least. After stating that they believe their charges are fair for so long, they have suddenly reduced them by up to 86%. Outrageous. My question is: is it OK to send a letter to them with words to this effect, or should I not because a court claim has already gone through their solicitors?

 

How can they ever win this bank charges battle after pulling a stunt like this? Surely it shows that they know the charges were always unfair!

 

Thanks!

Resonate.

[resonate]

BUMP

 

Any thoughts anyone?

[GuidoT]

Hi everyone, long time no write. I hope you're all well.

 

Except for the court allowing the amendment to my POC, there has been no further news on this claim. However, I have a burning question:

 

I saw an advertisement by Natwest in the newspaper last week which was about how they are reducing overdraft charges in October. I was appalled by it, to say the least. After stating that they believe their charges are fair for so long, they have suddenly reduced them by up to 86%. Outrageous. My question is: is it OK to send a letter to them with words to this effect, or should I not because a court claim has already gone through their solicitors?

 

How can they ever win this bank charges battle after pulling a stunt like this? Surely it shows that they know the charges were always unfair!

 

Thanks!

Resonate.

 

If you are BUMPing this, then writing such a letter is futile, by all means do it, but nothing meaningfull will come of it.

 

Most of the banks appear to have reduced their charges (in anticipation of them being decided unfair) or maybe they have not and only just re-structured them!

Edited October 16, 2009 by GuidoT