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TMA v Natwest


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Hi, still waiting for advice re my last post re Cabot CCA letter.

 

But an update re my NatWest Credit Card. I sent CCA request to both NatWest and Wescot (I pay Wescot as they manage the payments).

 

NatWest Card Services want me to confirm my new address with signature (surely it should be enough that NatWest have already corresponding since August 07 at my address)!

 

Wescot have sent a letter back with the £1 stating:

'our client has requested you write to the followig address and state in your covering letter that this is a section 77/78 request ....'

 

I understood that for Wescot to take payments that they needed to have a copy of the CCA on file. Same as Cabot on behalf of Citi..

 

Can anyone advise me what to do know since all my last updates?

 

Thanks!:)

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I'm hoping if I post again this will bump it up the threads and someone might give me some advice before the weekend - please!!

 

If you read my other threads for more info but basically I'm trying to claim PPI from Natwest who have agreed for 2 out of 3 loans but won't pay interest which I'm still fighting for.

 

To get more fuel for my fight I sent off my CCA requests on 12 August to:

 

Natwest: 3 x CCA Request for Personal Loans

Natwest: 1 x CCA Request for Credit Card

Wescot: 2 x CCA Requests as they manage my outstanding Natwest Personal Loan and the Natwest Credit

 

Update so far:

 

Natwest: No response so far re any of the CCA requests for Loans but but from their PPI offer letters they do state no agreement available for the 2 previous loans which have been settled.

Natwest: Re Credit Card: Told me I need to write in with signature to confirm change of address (they already have this address from 12 months ago so I've wrote again with crossed through signature). How long do I give them to respond?

Wescot: Sent postal order back for NatWest Credit Card CCA request and tell me to write to Card Services at Southend - even though they manage the payments they obviously have no CCA on file. Where do I stand with making further payments now they have admitted to having no CCA themselves?

Wescot: No response re Personal Loan CCA but when I spoke to them 2 weeks ago they informed me that the client (Natwest) had taken the account back from them and to cancel my Standing Order to Wescot! Have nothing in writing confirming this and am unsure what to do now

 

As you can see I seem to be getting nowhere with these CCA requests and really don't want to stop payments and start up the hassle again.

 

What would you advise now that the 12+12 days have passed? Legally as Wescot were instructed to collect payment on Natwest's behalf, should they have had a copy of the CCA in order to comply with the Data Protection Act? If so, what next?

 

Thanks for anyone who can help me with the next stage!:-)

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  • 2 weeks later...

Update for you re Natwest/Wescot:

 

NatWest: 3 x CCA Request for Personal Loans (2 settled and 1 outstanding)

NatWest: 1 x CCA Request for Credit Card

Wescot: 2 x CCA Requests as they manage my outstanding NatWest Personal Loan and the Natwest Credit

 

Update so far:

 

NatWest: No response so far re any of the CCA requests for Loans but but from their PPI offer letters they do state no agreement available for the 2 previous loans which have been settled. STILL NO RESPONSE RE CCA REQUEST - ORIGINAL REQUEST DATED 12 AUGUST and 2nd LETTER SENT INFORMING THEM THEY ARE IN DEFAULT DATED 29 AUGUST

 

NatWest: Re Credit Card: Told me I need to write in with signature to confirm change of address (they already have this address from 12 months ago so I've wrote again with crossed through signature). How long do I give them to respond? RESPONDED - NO PPI HAS EVER BEEN ADDED TO THIS ACCOUNT. I'm STILL WAITING FOR A LIST OF CHARGES

 

Wescot: Sent postal order back for NatWest Credit Card CCA request and tell me to write to Card Services at Southend - even though they manage the payments they obviously have no CCA on file. Where do I stand with making further payments now they have admitted to having no CCA themselves?

 

Wescot: No response re Personal Loan CCA but when I spoke to them 2 weeks ago they informed me that the client (NatWest) had taken the account back from them and to cancel my Standing Order to Wescot! Have nothing in writing confirming this and am unsure what to do now

 

RE: WESCOT. I WROTE AGAIN SAYING THAT AS THEY ARE COLLECTING THE MONEY THEY SHOULD ALSO BE ABLE TO PROVIDE A COPY OF THE CCA's FOR THESE ACCOUNTS AND ATTACHED THE £2 PO AGAIN. THEY SENT LETTER and £2 PO BACK DATED 4 SEPT Stating:

 

'As you are aware we previously instructed you to send your request for a copy of the opening agreement directly to our client with the postal order made out to them. This is their instruction and we cannot request the details on your behalf.

 

I'm also still waiting for Natwest to confirm that Wescot are no longer managing my Personal Loan account. How much more time do I need to give them for this info?

 

So where do I stand now? The original CCA requests were dated 12 August and I have had NO response from Natwest and Wescot won't provide info?

 

Any advice would be appreciated as I've come to a standstill and not sure what to do now

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Sorry to be a pain but I wondered if an expert could give advice on my last post.

 

Natwest have still not responded following the CCA request dated 12 August and 29 August.

 

Wescot are refusing to provide CCA and have twice informed me to contact the client direct as it is basically not their responsibility!

 

Not sure what to do now as I don't have any info from either party in relation to CCA, Notice of Assignment etc.

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Sorry to be a pain but I wondered if an expert could give advice on my last post.

 

NatWest have still not responded following the CCA request dated 12 August and 29 August.

 

Wescot are refusing to provide CCA and have twice informed me to contact the client direct as it is basically not their responsibility!

 

Not sure what to do now as I don't have any info from either party in relation to CCA, Notice of Assignment etc.

Hello TMA,

 

No experts available, so you will have to bear with me for the moment

 

You have stated:-

 

RE: WESCOT. I WROTE AGAIN SAYING THAT AS THEY ARE COLLECTING THE MONEY THEY SHOULD ALSO BE ABLE TO PROVIDE A COPY OF THE CCA's FOR THESE ACCOUNTS AND ATTACHED THE £2 PO AGAIN. THEY SENT LETTER and £2 PO BACK DATED 4 SEPT Stating:

 

'As you are aware we previously instructed you to send your request for a copy of the opening agreement directly to our client with the postal order made out to them. This is their instruction and we cannot request the details on your behalf.

 

How very strange indeed, that they have stated this.

 

Obviously with the loan after breach of the cca wescot gave back the nastywest the account. and this is what they should have done.

 

As regards the cc account are they acting under the nastywests instructions to pursue you or have the bought it.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hello again - you've been very helpful!

 

Wescot are acting on Natwest's instructions to collect payments for my loan and credit card. I've been paying Wescot for nearly 2 years without any issues.

 

But when I telephoned Wescot re my loan I was told they were no longer managing it and that Natwest had requested it back. How strange - Natwest have not confirmed this even though I have requested it, and Wescot will not confirm in writing either! Both Natwest and Wescot so far have failed to provide a CCA even though I sent PO's to both of them. Wescot returned the PO stating my previous thread, and Natwest have not even acknowledged it (request dated 12 August)

 

When I cca'd Wescot for and CC they returned the request and PO and stated I needed to contact the client and gave me the Southend address.

 

All very strange - I was under the impression that if a DCA was acting on behalf of a client that they should also have the CCA in order for it to be enforceable?

 

If Natwest don't produce the CCA's, and they are now in default as the 12 days have passed, what's the advice then?

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Well still no response from Natwest!

 

I know the letter has been delivered because I have the Proof of Delivery from Royal Mail.

 

I sent Postal Orders - is there any way of finding out if these have been cashed??

 

Thanks!

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Response from Natwest at last!

 

PPI Claim No 1 - Current Loan managed by Wescot

£27k outstanding and managed by Wescot (or so it was - see previous thread!)

Still awaiting valid CCA which has been 'passed to the servicing department' for response.

 

But they have reiterated their offer of goodwill:

Refund of PPI + interest paid to date: £2742.32

Cancellation of PPI - credit to account £2626.68

Credit to bring it in line with non-PPI a/c £2857.96

TOTAL credit to Loan Account: £8226.96

 

But they won't pay statutory interest of 8% as it is an offer of goodwill and it hasn't been established that these policies have been mis-sold.

 

I am not going to accept this offer just yet until the valid CCA comes my way. It they don't have the CCA then I think I have good ground to try and get this refund as full and final settlement of the account??

 

PPI Claim No 2 - May 2002 re-financed in Feb 2003

Still offering refund of PPI inc interest giving a total of £876.47 but won't pay the 8% statutory interest as they are not admitting liability just an offer of goodwill. But have agreed to pay by cheque so that's a result!

 

PPI Claim No 3 - re-financed in May 2002

Finally have responded and again offered refund of PPI inc interest giving a total of £784.07 but won't pay 8% statutory interest as not admitting liability just an offer of goodwill. Again have agreed to pay by cheque.

 

Ongoing:

 

NatWest Credit Card - £8k Debt but confirmed no PPI ever added to this account. I'm still waiting for the CCA to see if this debt is enforceable and it's been way over the 12 day limit! Also still waiting for a list of charges on the account.

 

I'm also now looking into getting 2 defaults removed from Natwest.

 

Advantage Gold Account - Overdrawn by £2699 which was cleared in October 2007. £1904 of this was bank charged which were refunded and I'm sure I actually had an agreed overdraft of £800 so basically the defauly should be removed because it was the charges that caused it.

 

Current Plus Account - Overdrawn by £1463 which was cleared in July 2007. Still waiting for a list of charges to see how much I can re-claim etc

 

ADVICE PLEASE ON WAY FORWARD!

 

Do I accept the offers on PPI Claims 2 and 3? And what do I do about PPI Claim 1, sit tight and wait for CCA first?

 

Thanks:)

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Response from NatWest at last!

 

PPI Claim No 1 - Current Loan managed by Wescot

£27k outstanding and managed by Wescot (or so it was - see previous thread!)

Still awaiting valid CCA which has been 'passed to the servicing department' for response.

 

But they have reiterated their offer of goodwill:

Refund of PPI + interest paid to date: £2742.32

Cancellation of PPI - credit to account £2626.68

Credit to bring it in line with non-PPI a/c £2857.96

TOTAL credit to Loan Account: £8226.96

 

But they won't pay statutory interest of 8% as it is an offer of goodwill and it hasn't been established that these policies have been mis-sold. Personally I would accept this offer as part settlement to your complaint and you will review your situation on receipt of the ca:grin: You should also insist on the 8% interest. This is money that they should not have had and they have deprived you of the use of it. You also want control of this deprived money, so insist on a cheque, I did and got it.

 

I am not going to accept this offer just yet until the valid CCA comes my way. It they don't have the CCA then I think I have good ground to try and get this refund as full and final settlement of the account??;):D

 

PPI Claim No 2 - May 2002 re-financed in Feb 2003 What amount were you after

Still offering refund of PPI inc interest giving a total of £876.47 but won't pay the 8% statutory interest as they are not admitting liability just an offer of goodwill. But have agreed to pay by cheque so that's a result!

 

PPI Claim No 3 - re-financed in May 2002 What amount are you after.

Finally have responded and again offered refund of PPI inc interest giving a total of £784.07 but won't pay 8% statutory interest as not admitting liability just an offer of goodwill. Again have agreed to pay by cheque.

 

Ongoing:

 

NatWest Credit Card - £8k Debt but confirmed no PPI ever added to this account. I'm still waiting for the CCA to see if this debt is enforceable and it's been way over the 12 day limit! Also still waiting for a list of charges on the account.

 

I'm also now looking into getting 2 defaults removed from Natwest.

 

Advantage Gold Account - Overdrawn by £2699 which was cleared in October 2007. £1904 of this was bank charged which were refunded and I'm sure I actually had an agreed overdraft of £800 so basically the defauly should be removed because it was the charges that caused it.Have you asked them for all agreements for the overdraft and also the agreement that you signed for your account to be converted to Advantage gold. I did and they do not have one. Naughty naughty:wink:

 

Current Plus Account - Overdrawn by £1463 which was cleared in July 2007. Still waiting for a list of charges to see how much I can re-claim etc

 

ADVICE PLEASE ON WAY FORWARD!

 

Do I accept the offers on PPI Claims 2 and 3? And what do I do about PPI Claim 1, sit tight and wait for CCA first?

 

Thanks:)

 

Hello

 

I have made a few comments in red, it is great that they have made you goodwill gestures, but they will try to buy you off with less. I would enter into a discussion with this and maybe accept this as part settlement and you will pursue the rest via the fos or court. They are hoping that you will accept their conditions and go away.

 

Again I do feel that you are in a strong position to keep at them, the know the fos will uphold your complaint and they will be made to pay everything plus the 8%interest.

 

Do please remember that had they not applied these extortionate premiums (and I hope you have claimed back the interest they added to the premiums) that you may have been in a better financial position and able to maintain the payments to them. The accounts would not have been defaulted and your credit file in ruins.

 

At the end of the day, it is your choice what route yu take, but I would be really mad and give them a good run for your money

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi Hell - with regards to your comments (in bold)

 

PPI Claim No 1 - Current Loan managed by Wescot

£27k outstanding and managed by Wescot (or so it was - see previous thread!)

Still awaiting valid CCA which has been 'passed to the servicing department' for response.

 

But they have reiterated their offer of goodwill:

Refund of PPI + interest paid to date: £2742.32

Cancellation of PPI - credit to account £2626.68

Credit to bring it in line with non-PPI a/c £2857.96

TOTAL credit to Loan Account: £8226.96

 

But they won't pay statutory interest of 8% as it is an offer of goodwill and it hasn't been established that these policies have been mis-sold. Personally I would accept this offer as part settlement to your complaint and you will review your situation on receipt of the ca:grin: You should also insist on the 8% interest. This is money that they should not have had and they have deprived you of the use of it. You also want control of this deprived money, so insist on a cheque, I did and got it.

 

Twice they have refused to pay 8% interest because it is an offer of goodwill and not a mis-sold policy. They won't refund at all other than to credit the debt on my outstanding loan account. Which I'm ok with because it reduces the balance by over £8k but I would still like the interest!

 

I am not going to accept this offer just yet until the valid CCA comes my way. It they don't have the CCA then I think I have good ground to try and get this refund as full and final settlement of the account??:wink::grin:

 

PPI Claim No 2 - May 2002 re-financed in Feb 2003 What amount were you after

Still offering refund of PPI inc interest giving a total of £876.47 but won't pay the 8% statutory interest as they are not admitting liability just an offer of goodwill. But have agreed to pay by cheque so that's a result!

 

Was after 876.47 + 8% interest but I'm not sure I've worked the interest out correctly. The PPI was £54.74/month - first payment 25/06/2002 and last payment 25/02/2003. I've got it to £808 - would that be correct?

 

PPI Claim No 3 - re-financed in May 2002 What amount are you after.

Finally have responded and again offered refund of PPI inc interest giving a total of £784.07 but won't pay 8% statutory interest as not admitting liability just an offer of goodwill. Again have agreed to pay by cheque.

They are still to provide figures on this loan as I don't have any details. The £784 is what they have offered but not a breakdown of the loan, term etc - I'll chase them up again for this

 

Ongoing:

 

NatWest Credit Card - £8k Debt but confirmed no PPI ever added to this account. I'm still waiting for the CCA to see if this debt is enforceable and it's been way over the 12 day limit! Also still waiting for a list of charges on the account.

 

I'm also now looking into getting 2 defaults removed from NatWest.

 

Advantage Gold Account - Overdrawn by £2699 which was cleared in October 2007. £1904 of this was bank charged which were refunded and I'm sure I actually had an agreed overdraft of £800 so basically the defauly should be removed because it was the charges that caused it.Have you asked them for all agreements for the overdraft and also the agreement that you signed for your account to be converted to Advantage gold. I did and they do not have one. Naughty naughty:wink:

OOh haven't CCA them for the overdraft and advantage gold. Where does this lead if they haven't got a CCA for them?

 

 

Hell you have been so useful as usual - I know your on a mission with RBS/Natwest so are an expert in my eyes!! Any more advice re working out the exact interest would be fantastic!:)

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Just one more thing. I was going to put together another letter accepting their offers as part settlement and state that I am taking it further officially with the FOS.

 

To accept their offers they attached a Declaration and Acceptance form to be signed and dated for full and final settlement.

 

Do I amend this and make my own stating Part Settlement and state that I shall pursue the 8% interest through the FOS or do I just do a letter?

 

Also if I go down the FOS route I know I have to fill in a Complaint Form but if I call will they give me a reference/case number to state to Natwest (makes it a bit more offiicial then!)

 

Thanks again

 

PS did anyone have chance to check that 8% interest for me??:)

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TMAngel

 

I'm no expert so, please, don't take what I say as gospel. However, I am fairly well read on PPI and I'm far from convinced you're proposed course of action is a logical one.

 

It's my understanding that statutory interest of 8 per cent will routinely be added to any successful court claim. At the same time, some people may have got lucky and been given statutory interest at the behest of their bank.

 

NatWest have, as I understand it, offered to repay the mis-sold PPI and the interest you paid on it. This being the case, on what basis are you demanding statutory interest at 8 per cent? The fact that you might have got it if you had proceeded to court is irrelevant; you didn't!

 

There is an argument involving Sempra - indeed, I'm using it myself - that, over and above this, you should also be awarded a further sum to account for NatWest's unjust enrichment at your expense.

 

However, this is quite a complicated area and to succeed you would have to do a lot of research and, almost certanly, initiate a court claim if not actually go to court. It's such a tricky area, I don't think it's something the Financial Ombudsman Service would get involved with.

 

Hope this is of some help!

Fred_Funk

NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08

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Hi FF

 

I was just taking advice from other threads when suggesting part settlement then make a claim for stat interest. I am getting confused though to be honest!

 

Example:

 

PPI Claim 2 Start 28/05/2002 End Date 25/02/2003

Loan Amount: £15k

Term: 84 Months

APR: 7.4%

Total Monthly Amount: £292.71

Loan with Int exc PPI: £19,989.48

 

£292.71 x 84 = £24,587.64 Total Repayable inc Int and PPI

 

So £4598.46 is PPI/Interest = Monthly Total of £54.74/Month

 

Offered to repay me £876.47 as £3522.87 was credited when my loan was re-financed on 25/02/2003.

 

I was under the impression that I could also try and claim the 8% stat interest as I have lost the use of the £876.47 from May 2002?

 

Have I gone wrong or is it wise to just accept their goodwill offer and not try to claim for further interest?

 

Thanks:)

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TMA

 

You're right that you've lost the use of the money but, to the best of my knowledge, no-one has used this argument - either with bank charges or mis-sold PPI - to successfully win a claim for additional interest, over and above that paid on the charges or mis-sold PPI - in court.

 

That being the case, it is, IMHO, highly unlikely that the FOS would even contemplate awarding you 8 per cent interest on this basis.

 

As I've said, there is an argument involving Sempra - use the search facility or have a look at some of my threads - which has been used successfully in court to obtain compound interest at the rate charged by NatWest, or whoever, to compensate for the bank's unjust enrichment at your expense.

 

If you feel strongly that you deserve rather more than you're being offered and are prepared to play the long game - and, trust me, that's what it's likely to be - then I'd suggest this is the route you ought to take.

 

However, if you do then it's imperative you don't accept anything at this stage. Sempra depends on demonstrating the bank acted unlawfully and it's all but impossible to do this if you proceed to court having already accepted a goodwill gesture.

 

*Here to be corrected*

Fred_Funk

NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08

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I'm getting a bit confused now as advice in previous threads and posts is that if you do take the FOS/Court route then it's likely that they will award 8% statutory interest on top of all PPI/Interest paid if you are successful.

 

I'm also sure from reading other posts that RBS and other banks have awarded 8% on top.

 

The offers they have made me are for a refund of my PPI + Interest paid at that time. They have not offered any additional amount and I was going to try and get as much out of them as possible seeing as they shouldn't have taken this money anyway.

 

I thought by accepting part settlements and stating that I will be pursuing 8% interest through the FOS they might just back down and offer before it got that far.

 

I'm now unsure what to do with these offers - do I just accept in full and final then because i don't want it dragging out for months to try and get 8%?

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TMA

 

I think I'm right in saying, a court has the authority to award 8 per cent statutory interest in all successful claims - regardless of whether they're for unlawful bank charges, mis-sold PPI or something else altogether.

 

At the same time, you're right, some institutions, such as RBS, may choose to match this in the hope that it will dissuade people from proceeding to court.

 

If you pursued your claim to court, I have no doubt you would be awarded that statutory 8 per cent interest. What you can't do is expect the FOS to award you something that is entirely at the discretion of a court - or, in some instances, an institution's 'goodwill' - when that isn't the route you've chosen to take.

 

I guess you have nothing to lose by telling NatWest you will be pursuing a claim for 8 per cent interest through the FOS but, frankly, I'd be amazed if NatWest's position changed or the FOS ruled in your favour.

 

Fred_Funk

NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08

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Hi FF

 

I understand what you're saying.

 

Not sure what to do now - if these are the best offers Natwest are going to make maybe I should just accept. Just need to weigh it up and consider going the FOS/Court route because the interest payments would be worth it- mmm decisions decisions!

 

Are you any good at working out the stat interest - do my workings seem right to you?

 

Also how are you with enforceable agreements - I need someone to check my CL Finance one in my other thread ..!

 

Thanks again:-D

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TMA

 

I've tried taking a look at your statutory interest but, to be frank, it's a bit tricky because all your figures are spread over two pages of a very long thread and I keep getting lost... doh! :-(

 

If you could post again with details of each of your mis-sold PPI claims, I'll happily have another look. At the same time, it would be helpful to know whether the PPI was front-loaded - that's to say, NatWest added it to the loan at the outest - or paid monthly, as it can make quite a difference.

 

As regards your PPI Claim No 2 (outlined in post #27), I have to say your figure of £808 for SI seems rather high.

 

If the mis-sold PPI amounts to £876.47 then, by my reckoning, the SI is approximately £70 a year making a total somewhere in the region of £450. Perhaps you could explain how you arrived at your figure and then I can try and see where you've gone wrong - if indeed you have.

 

Hope this is some help!

 

Fred_Funk

NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08

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hello TMangel,

 

What you can't do is expect the FOS to award you something that is entirely at the discretion of a court.

This is true you cannot expect it as a right however see some of the successes and what they havebeen paid.....

 

PPI Successes

 

 

do not despair these defendants are paying out and including the X% interest that was added. In some cases they adding compensation to the claim so do not give up hope;-)

 

There have also been claims that 8% statutory interest has been paid on top of this but as yet not substantiated.

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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alanalana

 

I'm not saying the FOS won't award interest. What I am saying is that they are extremely unlikely to award it on the basis you'd have got it if you'd gone down the court route.

 

A court has the discretion to add s69 interest to all successful claims - not just ones for bank charges or mis-sold PPI.

 

That being the case, there's no point arguing with the FOS you'd have got it if you went to court - you didn't. Rather, you'll need to provide a persuasive argument as to why you should get something over and above the return of your PPI premium.

 

I myself am asking for compound interest at the rate NatWest charged me for my loan - which, incidentally, works out at significantly more than the 8 per cent SI you'd be awarded by a court - on the basis of the bank's unjust enrichment at my expense.

 

To reiterate, I'm not saying you don't have any chance of getting some kind of interest if you go via the FOS; I am saying you'll be incredibly lucky if you get it by arguing that you'd have got it if you'd gone to court.

 

As ever, here to be corrected!

 

Fred_Funk

NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08

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Hello TMangel and Fred,

 

I'm not saying the FOS won't award interest. What I am saying is that they are extremely unlikely to award it on the basis you'd have got it if you'd gone down the court route. Fully agree I do think though that they appear to be adding on the 8% statutory interest in quite a few upheld complaints.

A court has the discretion to add s69 interest to all successful claims - not just ones for bank charges or mis-sold PPI.

 

That being the case, there's no point arguing with the FOS you'd have got it if you went to court - you didn't. Rather, you'll need to provide a persuasive argument as to why you should get something over and above the return of your PPI premium.

 

I myself am asking for compound interest at the rate NatWest charged me for my loan - which, incidentally, works out at significantly more than the 8 per cent SI you'd be awarded by a court - on the basis of the bank's unjust enrichment at my expense.

 

To reiterate, I'm not saying you don't have any chance of getting some kind of interest if you go via the FOS; I am saying you'll be incredibly lucky if you get it by arguing that you'd have got it if you'd gone to court.

As above.

It is a shame that there is no automatic compensation for the hours of letter writing, postage etc.

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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