My claim Gettin'evil -v- Natwest

[cheddar]

You need to enter all the info into the spreadsheet which is under the templates section. It is 8% from the day the charge was applied to the account i think.

[gettin'evil]

Thanks. I know about the spreadsheets but can't get any of them to work! I just need someone who's done it so I can pick their brains!

[sbb1979]

What are you opening the spreadsheet in? Excel?

 

The sheet that you need is on worksheet 2 (on the tabs at the bottom) and you enter the dates and charges etc in the blue part. The figures will appear at the top.

[gettin'evil]

still can't do it ... have done this now in excel. Is it ok?

 

CALCULATION OF PENALTY CHARGES UNLAWFULLY DEDUCTEDDATE PENALTY APPLIEDDETAIL OF PENALTYPENALTY CHARGED15/11/2002 Charges - unpaid item60.0025/11/2002Charges - unpaid item30.0031/12/2002Charges to 29/11/200214.0010/02/2003Charges - referral charge for January 0375.0028/02/2003Charges 31/01/0314.0010/03/2003Charges - referral charge for February75.0031/03/2003Charges 28 Feb 0314.0008/04/2003Referral charge for March 0375.0030/04/2003Charges 4 Apr 0314.0009/05/2003Referral Charge for April 0375.0030/05/2003Charges 02 May 0314.0009/06/2003Referral charge for May 0375.0030/06/2003Charges 30 May 0314.0031/07/2003Charges 4 Jul 0314.0029/08/2003Charges 29 Aug 0320.0008/04/2004Referral charge for March 200425.0030/04/2004Charges 02/04/200420.0008/08/2005Referral charge for July 0560.0031/08/2005Charges 29/07/200528.0028/09/2005Charges unpaid items35.0030/09/2005Charges 2 Sep 0528.0010/10/2005Referral charge for Sep 0590.0031/10/2005Charges 30/09/0528.0031/05/2006Charges 28 Apr 061.0705/06/2006Charge unpaid items38.0005/06/2006Charge unpaid items38.0007/06/2006Charge unpaid items38.0019/06/2006S/C refund-38.0030/06/2006Charges 02/June A/c12.0025/07/2006Charge unpaid items38.00Total1024.07

 

Statement of claim:

 

1. The Claimant has an account ("the

Account") numbered 02705214 with the

Defendant which was opened on or around 2002.

2. During the period in which the Account

has been operating the Defendant debited

charges to the Account in respect of

purported breaches of contract on the part

of the Claimant and also charged interest on

the charges once applied. The Claimant

understands that the Defendant contends that

the charges were debited in accordance with

the terms of the contract between itself and

the Claimant.

3. A list of the charges applied is attached

to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account are

punitive in nature and not a genuine pre-

estimate of cost incurred by the Defendant;

exceed any alleged actual loss to the

Defendant in respect of any breaches of

contract on the part of the Claimant; and

are not intended to represent or related to

any alleged actual loss, but instead unduly

enrich the Defendant which exercises the

contractual term in respect of such charges

with a view to profit.

b) The contractual provision that permits

the Defendant to levy such charges is

unenforceable by virtue of the Unfair

Contract Terms in Consumer Contracts

Regulations (1999), the Unfair Contract

Terms Act 1977 and the common law.

5. Accordingly the Claimant claims:

a) the return of the amounts debited in

respect of charges in the sum of £1024.07;

b) Court costs;

c) Interest pursuant to section 69 County

Courts Act as set out on the attached list

of charges or at such rate and for such

periods as the court deems just.

I believe that the contents of these

particulars of claim are true

[djbone]

looks ok to me have you filed your claim?

[gettin'evil]

sent mcol last night so guess served today?

 

14 days and counting.

[gettin'evil]

claim acknowledged so 28 days from 6 September.

 

Thankyou for listening!

[gettin'evil]

can anyone tell me if I should have heard something from MCOL by now. I only know that an acknowledgement of service of my claims has been filed by logging onto the MCOL website.

 

Thanks.

[djbone]

same here (acknowledgement only showing on MCOL). from reading other threads, they tend to wait til almost the last day possible - in your case, what, 3-4 OctobeR?

[gettin'evil]

ok thanks !!! keep in touch!

[gettin'evil]

can you tell me when you receive something. If you're at about the same stage as me? and yes 3/4 October 28 days is up.

[gettin'evil]

I now assume that 28 days from issue of claim does not include weekends/bank holidays? If so I am expecting a defence to be filed on Friday 13 October.:o

[uk_joe]

28 days from issue of claim does include weekends, not sure about bank holidays though. So its easiest to think of it as 4 weeks. I would expect the bank to file a defence on the very last day they can, or even a day or two later and still get away with it.

[gettin'evil]

thanks - defence and request for further info received today.

 

Am going to send the usual let saying this is intimidatory and I don't have to do it anyway with a note of my account no etc and schedule of charges. Do I now wait for allocation questionnaire from the court??

[gettin'evil]

same here (acknowledgement only showing on MCOL). from reading other threads, they tend to wait til almost the last day possible - in your case, what, 3-4 OctobeR?

 

Received a defence and request today. Have you received yours yet?

[djbone]

Received a defence and request today. Have you received yours yet?

 

yup, Defence filed and AQ received - now been transferred to the local court. same as you - gonna produce the standard responses, sit back and wait for 'em to settle!

[gettin'evil]

ok - my claim is for £1318 or something like that - under £1500 anyway . do you know how much I have to send the court as a fee pls? I've have a search around as well

 

Good luck. omig its getting really exciting now! can't wait to pay off my overdraftwith the money.

[Lager_Lou]

Hey Gettin'evil,

 

any news?

 

Lager lou

[gettin'evil]

have just sent off AQ to Shoreditch and Clerkenwell court with £100 cheque together with copies of schedule of charges and copy letters receive so far from bank together with a covering letter saying look forward to receiving date for hearing copied to Cobbetts

 

Cobbetts wrote this week protesting at my reply accusing them of intimidation by requestion Part 18 particulars (using the template provided here). I ignored them. Keeping fingers crossed that all will be ok and cheque will arrive in my account v soon.

[djbone]

Filed my AQ with the County Court yesterday, complete with the schedule of charges and all correspondence. Also sent reprimand letter to Cobblers re their CPQ 18 request complete with all the documentation again.

 

Was then amused this morning when I got a lettre from Cobblers enclosing NatWest's AQ which said nothing at all except a two-line thing that I hadnt provided enough info and they would apply to strike out my claim! Ha!

 

Hopefully down the home straight now....

[gettin'evil]

Have received offer for £750 and accepted as part payment only.

[djbone]

hey, heard any more?

[gettin'evil]

Hey

 

Sat morning cheque for £1138. Am just about to email mods as not sure what to do as it doesn't include court costs of £200 approx. What about you?

 

J.

[gettin'evil]

Cheque for £1138 received Sat morning. However this doesn't include court costs. Any ideas?

 

J.

[djbone]

Write back to them saying "thanks for the cheque but you havent paid for my court costs"? CC the court in on the letter?