Preparing to make a claim - DPA letter sent

[hunkysoldier]

First off, I'd like to say a hearty 'thanks and well done' to Bankfodder, Dave and all the Mod's here. This is a truelly fantastic site and its nice to see a group of like-minded people standing up for what is right and not letting these corrupt banks get away with daylight robbery.

 

In my specific instance, Natwest have been stinging my two Current accounts for charges for the last 8 years or so now - shame we can only claim for 6 years worth! I have no idea how much they have taken but would be very suprised if it was under £1000 - so lets start getting it back!

 

Yesterday I sent my DPA request to Mr Lyons so the process is in motion. As far as I can see there is only one case against Natwest in the 'Litigation in Process' forum but I am not sure if that is due to Natwest settling disputes before that stage or if its because no one has gotten that far in their claims yet? Either way, lets make sure we keep this forum updated with our individual cases so that other members can use our experiences / updates as guidance in their own claims.

 

Anyway, wish me luck!

[emmielou1969]

I've been told about all the actions going on against the banks recently and this entrigued me. As a young woman on a rather small income I have still been fleeced time and time again by Natwest and have several times had my bank acocunt completely emptied by charges they have drawn up. I desperately want to pursue a case aginst the bank but can't find a link on this website telling me how to get started and what's the best way of going about it. If you are able to offer any advice I would be really grateful. Thank you and hope to hear from you soon. Emma

[BankFodder]

emmielou1969

 

I'm amazed that you can't find any guidance on this site. Have you actually tried reading around at all?

Also, could you start your own thread please rather than hijack someone else's.

We are pleased to help you if we can but we do expect you to make a slight effort as well.

[hunkysoldier]

Received a response from my DPA request from Joyce Tudor (sent the request to Mr Lyons - perhaps he's having to recruit extra staff to cover all these requests...).

 

Shes basically told me that i can have the statements for £5 or the SAR for £10, but that will NOT include bank statements. I need to reply saying 'the SAR please, but it MUST include bank statements' - anyone think of some good wording for me to use in this letter?

 

Many thanks

[dazza12]

I have another thread in this section 'My claim against Natwest'.

 

I had the same experience as you, where Natwest insisted the SAR didn't include statements. I've faxed a letter to them reminding them of their obligations and I'm awaiting a reply.

 

I've posted the full text of the letter I sent, it may be worth you taking a look and sending something similar.

[richardc]

Received a response from my DPA request from Joyce Tudor (sent the request to Mr Lyons - perhaps he's having to recruit extra staff to cover all these requests...).

 

Shes basically told me that i can have the statements for £5 or the SAR for £10, but that will NOT include bank statements. I need to reply saying 'the SAR please, but it MUST include bank statements' - anyone think of some good wording for me to use in this letter?

 

Many thanks

 

Did you use the standard letter in the library? If so you will see that it asks for details of all charges, etc and notes of manual intervention. Alternatively, the Bank may send statements. There has been a lot of discussion in the Group as to whether statements are part of your data file - some banks contend that they are not. However, under a DPA request the bank must reveal the charges so you will get them, albeit in a different format to your bank statement.

[hunkysoldier]

Cool, thanks for the advice guys.

 

@ RichardC - yeah, i used the standard format from the library.

 

@ Dazza12 - thanks - i'll check your post and if you don't mind hijack your text and put it in my response.

 

I'll be paying the full £10 to get the SAR disclosure - i just don't want sneaky natwest leaving any info off!

 

thanks again guys

[choco]

Hi what has happened since? I basically contacted Natwest to get my statements and they told me i have to pay £5 - for every 6 months! lol

 

I will be sending them the template from the library, but what has happened with you since you did this?

[hunkysoldier]

Since i sent the second letter (with the cheque for £10 and telling them that statements ARE included in a DPA) i have heard nothing - but then that was only yesterday! will keep this thread updated when i hear anything.

[hunkysoldier]

Well, got my two lots of statements through (2 accounts) and totalled up my claim. Off the top of my head its about £3200 which to little old me is A LOT of money! even when i pay off my horrible £800 o/d that still leaves me with a nice return from the[edit], sorry, NatWest.

 

so first letter will be being sent tonight. and lets guess what the response i'll receive will be.....

 

[MODERATED: Please do not post libelous comments on this forum]

[hunkysoldier]

yesterday i received the standard response from Stuart Higley ("webelieve our fees are transparent and fair etc etc) in response to my initial letter for reclaim.

 

however, there is a line at the bottome that i THINK no one else has mentioned before. It reads:

 

"I am disappointed to note that you are contemplating legal action against the bank. Whilst I hope that you will feel able to reconsider, should you decide to go ahead, please ensure that any proceedings are served on our registered office address, which appears at the foot of this letter".

 

Has anyone else had this paragraph on their letter? it seems to me that a) they are encouraging me to take them to court and b) that they are trying to invonvenience me by serving the proceedings in London, and therefore maybe having to go to court in London rather than my native Bournemouth???

 

So, some advise please - what do people think about the last paragraph in the letter and what do people advise I do re: the proceedings? Registered office or local branch? (i have yet to send the letter before action however, so that may turn up some new stuff too, who knows with this bank!).

 

Any feedback at all would be most appreciated, as Natwest owes me over £3000 and i don't wanna muck up my claim in any way!

[fallen404]

It's been mentioned elsewhere that as the individual, the small claims case will automatically take place at your chosen court, unless the bank can prove that it would be impossible for them to attend that one. Unlikely, given how large an organisation they are.

[hunkysoldier]

Right, well my Letter Before Action has been posted today - 14 days until claim time! I spelled out in no uncertain terms that the charges are not fair, reasonable or transparent with examples for each. I also spelled it out for them that if they settle now they will save themselves about £500 in court fees and interest. I know £500 is nothing to them, but hey, just giving them the option of sorting it out now and not waiting for court papers.

 

Will keep everyone updated if i get any response.

[hunkysoldier]

Today i received a response from Stuart Higley in relation to my letter before action. Unsuprisingly, it was another 'get lost' letter but i'll post it here so people can judge his / the banks response:

 

"Thank you for your letter of xxxx. I am sorry that you remain unhappy after my letter of xxxx had explained the banks position.

 

Regrettably there is little that i can add contructively to what I have already outlined. The various charges that we make are flat fee's and remain the same irrespective of the face value of an offending item essentially because the amount of work involved with controlling an unauthorised overdraft is the same.

 

We are fully aware of the opinion of the OFT which at the present time relates only to credit card charges and we have until 31 May 06 to respond to them. Hopefully I can reassure you that the bank is taking this matter very seriously and our lawyers are involved in all developments.

 

That said, our position remains unchanged from when I last wrote and I am genuinely sorry that you intend to take legal action against us. Purely as a reminder, please ensure any papers are served on our registered office address, quoted below.

 

Thank you again for writing

 

Stuart Higley"

 

**********

 

What a load of nonsense! But anyway, what do people suggest. Should i simply wait for the 14 days notice of the letter before action to expire and then proceed with court action or is it worth me replying to his letter first?

 

thanks guys.

[cheddar]

No, just start your claim, this is merely a standard response they are sending to everyone.

[hunkysoldier]

well, over a month since i received my copy of bank statements as part of my DPA request and despite the fact my LBA has already been sent, yesterday i received through the post a whole bundle of random screen prints from Natwest, again apparantly as part of my DPA. It only covers stuff from 1997 - 2002 though and to be honest seems totally irrelevant to my claim. I think they are trying to confuse me again!

 

It basically seems that its a system generated note each time they sent me a letter saying i was over my O/D limit etc. has anyone else received this kind of thing from Natwest as part of their DPA / SAR disclosure? Does it serve a purpose? As far as i can tell it won't affect my claim in the slightest, just don't want to be missing something important.

 

Incidently i recieved that precisely 40 days after my DPA request. Coincidence?

[hunkysoldier]

This topic was closed on 03/06/19.

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