Just about to start

[mymoney001]

I am just in the process of starting my proceedings with the Natwest after reading th FAQ's

Just need to clarify when develping the speadsheet for charges do I have to itemise the charges under the various headings i.e Unarrange borrowing fee / returned direct debit or will charges just do.

 

Mymoney

[Michael Browne]

List them the same as they are referred to in your statements

[mymoney001]

I have just fininshed putting all the charges and letter together after trying to find the time and juggling work and life in general. after reading some of the post it has given me the inspiration to claim my money back,so here goes will post first thing tommorrow .will keep you up to date.

 

 

My money

[katesage]

good luck mymoney

 

it's an exciting feeling as you are about to send off your DPA. I remember it well. I've had really quick responses by sending my prelim/LBA letters to stuart higley at borehamwood. your DPA request will probably be dealt with by joyce tudor, i had no joy at first but a hassling phonecall about a week after i sent DPA produced statements within a week.

 

hope it goes well for you. welcome to the site:)

[mymoney001]

Today is the 14th day since a issued the first letter to the bank, so on my way to work this morning I sent the LBA letter via recorded delivery.

 

When I got home this evening to my suprise i had recieved a letter from the bank offering me a payment as a gesture of good will. (which I think is a slap in the face considering that the charges over the 6 year period with intrest is £4300) Bank offer £678.00.

 

The letter states that the bank believes the charges are fair, reasonable and transparent and that they do not accept the office of fair trading findings in relation to to credit cards fees etc,etc.

 

I do not intend to accept the £678.00 but will proceed to claim the maximum amount they have taken.

[mymoney001]

Preliminary letter sent 07/08/06

LBA Sent 21/08/06

Settlement Refusal sent 02/09/06

Claim form Issue ?

 

Letter rec'd from bank today states

please accept our apologies for any unintended inconvenience or upset. I regret that there is little that I can add constructively to previous comments but having reviewed your account I can find no instance where charges have been applied when they were not properly due. They have been associated with the lack of funds in the account at the time items were presented for payment. asccordingly the charges have been applied to your account should stand.

 

In the hope of forging a compromise and settlement with you a offer of £678 was proposed as a gesture of good will without admission of error or liability.

 

The letter goes on to say much recent media coverage on bank charges hes been fuelled by the Office of Fair trading investigation ealier this year but that was limited to admin charges on credit card accounts and did not extend to include bank charges.

 

We have considered the Office of Fair trading statement of 5th April 2006 and do not accept its findings in relation to the setting of credit card fees. We are concerned that the Office of Fair Trading has publicly called in to Question the setting of charges applied to thier products in cluding current accounts. The Office of fair trading has restricted its investigation to credit cards and not made an attempt to consult with the RBS group or the industry in relation to other products

 

 

Question

 

Is this a standard letter rec'd from the bank

should I still proceed with claim or accept what is on offer

If I proceed what form should I use

You assistance would be greatly appreciated as I am close to issue date :?

[Guest NATTIE]

yes. yes. moneyclaim online is next step once 14 days have elapsed which I think is today

[mymoney001]

Thank you for your speedy response, will start the process with moneyclaim later today. One other question before I commence, I am claiming over £4000.0 + which with interest takes it over £5000.0

Q. Do I need to use another process

or Q. As the bank has offererd a part payment of £678 deduct this figure from the total amount to bring it under the £5000.0 threshold, do I then only claim the amount minus the £678 but state banks intentions.

[mymoney001]

Thank you for your speedy response,Natweststaffmember, will start the process with moneyclaim later today. One other question before I commence, I am claiming over £4000.0 + which with interest takes it over £5000.0

Q. Do I need to use another process

or Q. As the bank has offererd a part payment of £678 deduct this figure from the total amount to bring it under the £5000.0 threshold, do I then only claim the amount minus the £678 but state banks intentions.

[Guest NATTIE]

Q1 i a not sure but fairly sure No

Q2 you only deduct it if they have actually paid it into your account. The offer will likely be withdrawn at a later date

[Guest NATTIE]

original thread, so i will bump this up for the experts on the evening shifts

[mymoney001]

I have got to the stage where I have processed my claim against natwest on the 5th Sept, as I understand it they have 14 days to respond to the claim. If they don't respond I am able to request judgement by default. Q is this the rite thing to do at this time:confused:

[mymoney001]

Having raised my claim through MCOL I could not attach the summary of charges, so I sent them separately via post to MCOL in Northampton with my reference number clearly marked. This morning I recieved 2 letters one from the courts to say the claim has been transferred to where the claimant lives and a Aq to be completed, and a letter from Corbetts in 2 parts 1. Defence 2. Request for further information.

 

I have read other post in the forum but mine appears to be slightly different I don't know if I should take the same approach as others or is this totally different Please help.

 

Defence

1.The defence is filled and served without prejudice to the defendants case that the particulars of claim do not disclose reasonable grounds for bringing a claim against the claimant to recover the bank charges and intrest theron refered to in the particulars of claimor any other sum. in the event that the claimant does not properly particularise his claim the the defendant will apply to strike out the claim and or any summary for judgement in respect of the same.

 

2.No admissions are made as to what charges have been debited to the claimants bank a/c

 

3.Although the claimant refers to alist of charges, one was not attached to the claim and has not been received.therefore the claimant is put to strict proof of each and every charge the subject of the claim and must identify in respect of each charge(a) the date the same was debited (b) the amount of the same and © the description applied to the charge.

 

4.In relation to the allegation that the contractual provisions pursuant to which the charges have been applied are unenforcable by virtue of the Unfair Contract terms of act 1977(UCTA 1977) and/ or the unfair contract terms in consumer reg 1999.The claimant is required to identify : 4.1 (a)The section of the unfair contract of terms act 1977 (b) the regulation of the unfair contrcat of terms in consumer regs 1999 and © the principles of common law relied upon by the claimant in alleging that the contractual provisions referred to are unenforcable; and 4.2the contractual provisions that the claimant allege are valid by reference to UCTA1977 and /or the reg.

 

Until such time as these sections are identified the defendant cannot plead to the allogation referred to in paragraph 4 above. The defendant therfore reserves the right to plead further to the allogation once the claimant identifies the relevant contractual information.

 

5. to assist the claimant with the paper particularisation of his claim the defendant serves with his defence a request made pursuant to CPR part 18.if the claimant fails to provide the particulars requested inthe time stipulated and / or defects with the claim (referred to in para1) remain then the defendant will apply to the court for an order striking out the claim.

 

6. Pending the proper particularisation of the claim the defendant is unable to plead to the claimant's claim beyond at this stage denying that the defendant is liable to the claimant as alleged in the claim or at all. The defendant reserves the to amend this defence to plead further to the claimant's once or if the claimant properly particularise the same.

 

7.The claimant is time barred from bringing a claim of unathorised bank charges prior to 5 sept 2000 by the provisions of section 5 of the limitation act 1980

 

8. save as hereinbefore appears the defendant joins issue with the claimant on his claim and denies that it is liable to the claimant as alleged or at all.

 

 

The Letter from Corbetts outlined:

 

1. This request is served pursuant to CPR part 18

2. The reason why this request has been served are set out in the defence

which has been served by the defendant.

3. You are asked to provide a response to this in accordance with CPR part 18 by 20th Oct 2006

4 If you are unable to provide a response by this date then you should

immediately contact the defendant solicitor etc.

 

Request

 

In your claim you state the claimant claims the return of the amounts in respect of charges

 

2.Please provide the following particulars in support of your claim :

 

2.1 In relation to each charge please identify date / amount / reason

2.2 in relation to each charge please clarify the following (a) is it case of the claimant the same should not have been charged (b) if yes please explain why the claimant contends that the same should not have been charged © if no is it the case of the claimant that the same should not have been charged in this amount, (d) if yes please explain why the claimant contends that the same should not have been charged in this amount and identify the sum the claimant contends should have been charged (e) if no please state the claimants case.

 

3. in your claim you state that the charges are unforceable by virtue of the unfair terms in consumer contracts reg 1999 the unfair contract terms act 1977 and the common law,

 

4. pleaes specify all of the facts relied on by the claimant in support of the contentions in para 3 above , and in particular please identify (a) sections of the unfair contract terms act 1977 (UCTA 1977) (b) the regulations of the unfair contract terms in consumer regs 1999 and © the principles of common law relied upon by the claimant in alleging the the contractual provisions referred to are unenforceable. Please also identify the contractual provision that the claimant alleges are unenforceable by ref to UCTA/the Reg

 

 

Its all gettig very stressful iwnat to carry on but don't know if i am making any progress please help:cry:

[katesage]

mate.....stop stressing!

 

everything is fine, your defence is identical to the one i received a few weeks ago including the error in para 1 where the defendant is called the claimant!

 

i acknowledged receipt of my defence but you dont have to answwer any of their CPR18 request q's. i wrote saying that i found this intimadatory. do some more reading of other peoples NW Cobbetts defences, esp Toilet Bandits and you'll feel much more relaxed.

 

You'll get the allocation questionnaire next, fill it in and send it to court with copies of your schedule of charges, send another set to cobbetts, just to be sure.

 

then you'll start getting decent partial offers, i was offered £1600, which I declined!

 

good luck:-D

[mymoney001]

Katesage

 

I'm begining to feel more relaxed now I 'm on the right track

Thank you for the advice I will keep updated with progress:)

[mymoney001]

Hi all hope ypou can assist with this issue as i don know what to do next

 

Recently sent of the prliminary letter and rec'd the folling this morning

 

Just the main detail : -

 

Whilst we disagree with the OFT Legal position on credit card default charges we have lowered our late payment and o/limit fees for credit cards with affect from 28 June 2006. however it is not our policy to refund late payment or overlimit fees that were previously charged

 

 

 

Is this just a standard fob off, how should I reply to this as the LBA is almost due .

 

Thanks for your help

[petrafyde]

I would class that as a "diplomatic" reply. They do not deny they have to pay the fees, in fact they make it clear they wont pay unless pushed.

 

I would say that it is a delaying tactic, and you should proceed ahead as planned to your timescale.

 

However! I know little about credit card cases, so I'm sure someone else will be along soon to really help you.

 

Good luck

[thecornflake]

This is correct. Standard reply in the name of damage limitation, as a few people might read this and think 'oh ok then' and not go any further. Carry on with your timescale - this bit is very important, keep to your timescale and don't let them affect it if at all possible.

[james20202020]

hi can you help me by telling me what i have to do to reclaim the late payment and overlimit fees on a natwest credit card and any interest they may have put on them. i rang the natwest credit card centre and they told me that to be able to get copies of the 14 months credit card statements in question i would have to pay £3 a month a total of £42 pounds even though i am sure i told them my new address (so never recieved them in the first place) they have no record of me doing this so i have to pay them £42 is there any way of getting these statments by paying less.

 

many thanks for any help

[thecornflake]

hi can you help me by telling me what i have to do to reclaim the late payment and overlimit fees on a NatWest credit card and any interest they may have put on them. i rang the NatWest credit card centre and they told me that to be able to get copies of the 14 months credit card statements in question i would have to pay £3 a month a total of £42 pounds even though i am sure i told them my new address (so never recieved them in the first place) they have no record of me doing this so i have to pay them £42 is there any way of getting these statments by paying less.

 

many thanks for any help

 

To make it easier for people to help you and keep track of your claim you should start a new thread.

 

You need to firstly read the FAQs. To request the information you shoul ddo a Data Protection Act Request for which they can only charge £10. If you just ask for copies of your statements they will charge for each statement as you said. They will just send all the statements for the DPA request but it limits their charge for this to £10 doing it this way.

[OldBear]

...they told me that to be able to get copies of the 14 months credit card statements in question i would have to pay £3 a month a total of £42 pounds

Total nonsense.

 

James, the best thing to do is:

 

First, start your own thread in this (NatWest) section.

 

Second, read all the FAQs at the top of the forum. (especially the Step by Step Instructions, here ---> http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html), and all the stickies and in the Natwest section.

 

These will tell you everything you need to know.

 

Having done that, start with sending of an SAR to Natwest (that's Step 1 of the Step by Step guide).

 

Good luck.

 

OB

 

Edit. Sorry, Cornflake, I seem to be posting at the same time as everyone today.

[james20202020]

hi can you help me by telling me what i have to do to reclaim the late payment and overlimit fees on a NatWest credit card and any interest they may have put on them. i rang the NatWest credit card centre and they told me that to be able to get copies of the 14 months credit card statements in question i would have to pay £3 a month a total of £42 pounds even though i am sure i told them my new address (so never recieved them in the first place) they have no record of me doing this so i have to pay them £42 is there any way of getting these statments by paying less.

 

many thanks for any help

 

i wrote this yesterday can any one tell me how start a new thread or post? as i cant see how you do it not good with computers

 

many thanks

[natwesttookmymoney]

Hi, James

 

If you scroll to the top of this page, you'll see Consumer Action Group > The Bank Action Group - against unlawful bank charges > NatWest Bank NatWest card replyclick on 'NatWest Bank', which will take you to the main NatWest forum. Just under the 'Natwest Successes' box, you'll see a button on the left entitled 'new thread'. Guess what? If you click that, it will enable you to stat a new thread!

 

I love it when things are kept simple. There's enough complexity in the world.

 

Keep us up to date with whatever goes on.

 

Best

 

Westy

[natwesttookmymoney]

"however it is not our policy to refund late payment or overlimit fees that were previously charged"

 

Does anyone here give a toss what the bank's policy is? Hands up? Anyone? No?

 

Well, mymoney, you have your answer. Go ahead and kick some butt!

 

Westy

[mymoney001]

Hi all can some one please advise, after hearing nothing from the bank I have submitted my claim with MCOL on the same day rec'd the following letter.

 

from Kay Smyth-Senior Customer Advisor

 

 

Thank you for you letter dated xxx in reply to my colleagues letter regarding charges on the above credit card ac. your letter has been passed to me to address the concerns you have raised. I am sorry you are dissatisfied with the previous letter and I regret that it has necessary foryou to write to us again.

 

Whilst strongly disagreeing with the OFT's legal position on credit card default charges RBSG lowered its late payment and over limit fees for credit cards to £12.00 with effect from 28 June 2006.

 

the OFT's ruling specifically referrd to credit card default charges , e.g overlimit charges and late payment fees. Intrest and cash handling fees were not subject to this ruling and we will not refund any of the intrest and cash handling fees levied on your account.

 

I am however willig to refund the difference between the old and the new default charges which totals £141.

 

I have therefore credited your account with £141. Acceptance by you of this credit will be in full and final settelment of all claims you may have relating to our charges,however our terms and conditions will continue to apply and any charges that accrue in the futrure will stand.

 

I trust this letter will bring this matter to a satisfactory close

 

I am obliged to remind you that I will leave the file open until the 16 March to ensure you have sufficient time to consider my comments. If you are happy with my letter you do not need to do anything esle and on that date I will close our file etc etc etc. Kay Smith (Snr Customer Advisor)

 

As the payment has been made into my account do I have to accept

or do I just say thank you and notify that I will be proceeding with the claim for the full amount

 

How do I respond to this letter.

 

Can you please assisst

 

Thnak you