Kenboy1961 v NatWest

[kenboy1961]

Nat West are at this moment 27 days late after the 40 day period for a subject access request I have sent in, my letter of intent is being sent tommorrow and I have picked up two info packs on how to claim from my local county court. They were very helpful and said that they would go through the completed form with me so as to make sure of no mistakes. Although I don't have any exact figures (I think I will be looking to claim between 4-5 thousand pounds, estimated) until they give me the info I can't be certain.

 

I have a letter written from their credit managment services dept saying that the account should have been handed over to them much earlier from the branch, then so many charges would not of been applied. If this is not an admission of guilt to the money generating racket that these parasites all contribute towards then I don't know what is. Anyone got any advice for me before I lock horns with the nat west.

kind regards to all (fellow bank charge fighters) Kenny Ward.

[jonni2bad]

Have you written to the Information Commissioner to make an official complaint?

 

If so, then I would suggest you proceed with your timetable and if that means court action before you know the exact figure, than you will have to use your estimate.

 

Hopefully in the mean time the IC will act on your complaint and you will get the info you need.

 

If it reaches court before this, then the bank will have to show your figure is wrong if they contest it - and the court will not look favourably on them for stalling.

[deeian]

I would be tempted to claim for the maximum you can and then get the bank to prove it's any different. Would love to see the judge's face if they try to explain where they got their figure from especially as they haven't bothered to provide it to you!

[cheddar]

Just out of interest, have they cashed your £10 payment for your DPA request? Did you send it recorded or special delivery?

[kenboy1961]

yes the nat west cashed the tenner straight away then sent me a letter asking for the money again.sent the evidence to them of the cashed checque from my bank account.another stalling tactic i believe.i am just about to spend the best £50.00 quid ever as a local solicitor is gonna fill out the claim form for me.i cant wait for my date to be set with nat west in court.i can just see it now,all of those cockroaches beggining to get smeared in insect repellant.sorry if i sound bitter and twisted,but i am.

kind regards. kenny ward.(fellow bankcharge fighter)

[Neo]

Yes claim for the £5000 and let them prove otherwise.

 

Good luck kenboy, keep us informed!

 

Fingers X'd!

[cheddar]

Hey good for you! Let us know how you get on!

[kenboy1961]

Yes claim for the £5000 and let them prove otherwise.

 

Good luck kenboy, keep us informed!

 

Fingers X'd!

 

well thanks for the advice,i will change the amount tommorrow when i sit down with the solicitor.i am a little concerned that it will go over the 5k limit if i add the interest aswell.do you think it would be a good idea to make another claim when i win this estimated amount . kind regards kenny ward(fellow bankcharge fighter)

[jonni2bad]

Don't wory about interest or costs taking you over £5k - that doesn't count as far as taking it out of fast track is concerned.

 

If your charges do amount to more than £5k, you could decide to split the claim - but it's a personal choice at the end of the day...

[kenboy1961]

thanks for that bit of sound advice.wouldnt it be great for the enemy to try and explain in detail how they accrued every single charge plus compounded the interest and for me to point out that all of there unlawfull actions very nearly bankrupt me and at one point contemplated the ultimate sacrafice.i am sure i am not the only person to suffer such agonies.kind regards kenny ward (fellow bankcharge fighter)

[kenboy1961]

hello to all fellow bankcharge fighters.to give a quick rundown on my fight with the nat west.after exhausting all avenues i issued proceedings 26/05/2006.recieved a defence form cobbetts solicitors acting for nat west to have my claim struck out due to lack of particularity.i had to apply to the court allowing me to ammend the particulars of the claim which i will do on the 27th july.i feel that this is just a stalling tactic so as to put more pressure on me.i cant see why these so called legal bigwigs cant understand the claim when its in plain english that i want to recover all the punative charges applied to my old account.

i have recieved another letter today saying that case management directions cannot therefor be proposed until the claiment serves the ammended particulars,at which point the defendant may amend its defence or apply to strike out.please can anyone advise me as i think the enemy are just trying to tie me up in legal jargon in the hope of me throwing in the towel. any responses would be most welcome. kenny ward (fellow bank charge fighter.)

[gettin'evil]

Somehow I think your request has been missed. I suggest posting another thread another message with "Urgent help please" in the title - the moderators are usually pretty good at answering queries. From other posts I think this is a tactic from Cobbetts to put you off ... anyway if you have leave to amend your particulars of claim you should be able to reschedule ... hopefully someone who knows more will come back to you soon.

 

Regards

[kenboy1961]

thanks for the reply its much apreciated.got all my info ready to present to the judge on friday.ive asked cobbetts to let the nat west know that ime at this eleventh hour prepared for a settlement and then i will walk.they have replied saying they wish to view the particulars then they will decide.can you give me any other advice. kind regards. kenny ward.(fellow Bank charge fighter)

[bram stoker]

Thread title moderated and threads merged.

 

Is your final amendment to your claim an estimate still or do you have the information?

 

Can you tell us what the particulars were that Cobbetts say there are a lack of please?

[Its WAR]

I dont think you can split a large claim into two smaller ones just to stay below £5000. Unless you have two accounts, each account could then have its own claim.

[bram stoker]

I dont think you can split a large claim into two smaller ones just to stay below £5000. Unless you have two accounts, each account could then have its own claim.

Sorry Haydn but you can. You can claim the first 3 years worth of charges and then the second, or split it anyway you like really.

[jonni2bad]

Vamps would also like me to add the following:

 

If you sever your claims (that is, to split the totals) then there is a small risk that the second claim could be challenged, the argument being that you deliberately altered the value of the 1st in order to avoid the issue of 'track' by keeping the claim below £5k.

 

If it (the 2nd claim) were challenged in this way, there is a possibility that the claim could be struck out.

 

All in all, I think the benefits of going fast-track outway the negatives, namely;

Advantage: You will get standard disclosure

Disadvantage: Small potential costs, should you lose

 

Are you confident of the case?

 

If not, you really shouldn't proceed anyway. If you are, then go for the full amount in one go. You wouldn't be the first, by any means....

[Its WAR]

I am just thinking of double jeopardy principles, suing the defendant twice for the same crime. I had a hearing when I sued a surveyor. The claim was complicated and I was broke so I sued without a solicitor, for the falling down garage and won (just under £5000). Then I issued another action for the flooding, (another £4000) I lost because it was an abuse of the system trying to artificially keep the action below £5000. The claim was judged to be the same breach and the surveyors defence was largely that I had already sued for the faulty report. They had no defence at all in respect to the flawed survey which gave the house a clean bill of health.

[kenboy1961]

hello to all who are helping me and a big thankyou. as we stand cobbetts solicitors still want me to elaborate on the particulars although i honestly believe that even an ameoba would be able to understand the content of the claim.of course when i get in front of the judge i will voice my concern that these solicitors have put me through undue stress for having to go through this particularisation of the claim when a settlement could of been reached from my first letter to recover the money.the amount i want to claim is only an approximate because nat west will not provide me with all the information on the account.my god it is so frustrating. to all the fellow bank charge fighters in my predicament ,dont despiar because we are all united.(JULIUS CEASER ONCE SAID DIVIDE AND CONQOUR.)WELL FELLOW FIGHTERS IT AINT GONNA HAPPEN. kind regard to all kenny ward

[kenboy1961]

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