£10,000 v Nat West

[Its WAR]

I have issued my first three summons but am stuck on the Nat West account. I have my statements and can see all the £30 chrges for bounced cheques. But can I claim the many fees of £3.50 charged per day for going over my overdraft facility and also the many £25.00 'Referral Fees' for allowing cheques to clear but causing the overdraft to be exceeded.

Regards Haydn

[Maximus]

Hi Haydn

 

I am in exactly the same boat as you, having started proceedings against another company [MNBA in my case] but not sure whether referal fees can be reclaimed too amongst the litany of charges that Natwest pump you for.

 

My guess would be that the same reasoning applies and it does not cost £25 to do this so it is illegal, so include them in the claim.

 

But advice from someone who has actually claimed on these would be welcome

 

On a side note, I managed to get Natwest to refund a ludicrous £38 charge last week. I transferred money online from my savings account into my current account on the last day of the month to make sure there was enough to cover my mortgage payment the next day ... the money cleared immediately and it was all available to be drawn upon. However 2 days later I spied a £38 charge for the direct debit being referred to back to my mortgage company as there were 'insufficient funds'!!!! I phoned NW immediately and they refunded the charge ... I am now pressing them to pay for the charge Abbey will apply for the mortgage payment being returned and a black mark going on my credit rating.

 

Unbelievable!

 

Max

[Its WAR]

Things getting exciting now. Half dozen small claims settled now totalling £1300. Half dozen more still pending of similar value. This just leaves POOR NAT WEST. I have held three accounts with them and so have issued two summons and one LBA. Total value just under £10,000. Standard defence and part 18 request received on private account, no defence yet on business account, no reply yet on the credit card account.

 

I will keep you all up to date as the overall value may provide unusual delay tactics. Although I am sure I am way behind some peoples actions, maybe the tactics will have already been seen.

[Its WAR]

I have just issued a letter to the court to amend the particulars of claim as I had miscalculated the interest, so I guess I have just wasted a couple of weeks. I expect the Court will seal the amendment and return them to me to serve by post to Cobbetts. I expect the period to defend may recommence from day one, we will have to wait and see. Cobbetts had agreed for the amendments.

[Its WAR]

Cobbetts must get the odd laugh out of us guys. Having sent them a schedule of revised charges and interest along with a revised set of particulars of claim. (Just so they cant complain they have insufficient details for their client to decide how to respond) .I find that I cannot apply for the particulars of claim to be amended in such detail. I am still limited to 1080 letters or 24 lines. Cobbetts of course would have known that. So the amendment is now just to amend the values and not to provide additional info for Cobbetts.

 

So the question is simple. Why are we using money claim online? When the old fashioned way of filling out the Summons issue form and posting it to the local county court has no restrictions. Surely snail mail would enable us to provide a stronger argument.

[goforit]

Cobbetts must get the odd laugh out of us guys. Having sent them a schedule of revised charges and interest along with a revised set of particulars of claim. (Just so they cant complain they have insufficient details for their client to decide how to respond) .I find that I cannot apply for the particulars of claim to be amended in such detail. I am still limited to 1080 letters or 24 lines. Cobbetts of course would have known that. So the amendment is now just to amend the values and not to provide additional info for Cobbetts.

 

So the question is simple. Why are we using money claim online? When the old fashioned way of filling out the Summons issue form and posting it to the local county court has no restrictions. Surely snail mail would enable us to provide a stronger argument.

 

I used snail mail.

[Its WAR]

Final claim against Nat West issued today. Thats 3 summons done.

[Its WAR]

I received a letter this morning from a Debt Collection Agency asking me to repay my overdraft but no figures mentioned. My claim for this one account virtually equals the remaining overdraft. But with my other two claims, I should be £5000 up.

 

I saw somewhere on this site that there is a letter I can write to the Debt Collection Agency requesting full disclosure of statements, electronic and paper communications to the bank etc. Much like the SAR template. Can anyone tell me where it was. Somewhere under Debt Collectioin Agencies, but I cant find it today.

 

It seems strange that the bank would employ a DCA after the summons has beren issued.

[Its WAR]

Cobbetts have returned their AQ for one of my claims against nat west and state " It is understood that the claimant has applied to the Court to amend the claim. The Defendant awaits a copy of the sealed claim. In the light of this, the Defendant may amend its defence or apply to strike out"

 

A tiny scare tactic which I guess will be followed by a reduced offer in the hope I will settle rather than risk a strike out. Come on Cobbetts, if you are reading this, your number is up (to the tune of £4961.41p plus a few bob a day).

[Its WAR]

This is getting interesting. Nat West have asked Unidebt Collection Agency to collect the balance of my business overdraft £5500. I am reclaiming pretty well £4000 from this account. So should I try to settle with Unidebt say £2500. And then continue my claim for £4000. Or should I just lose my settlement to having it go towards clearing my overdraft. I have so far issued a request for Unidebt to provide a copy of the agreement and I understand that it is unenforceable if they fail to do so within 12 days. Therefore, is it possible to get off completely and not have to pay off the overdraft AND to keep the whole balance of my claim, if Unidebt fail to provide a copy of the agreement in time.

[gizmo111]

This is getting interesting. Nat West have asked Unidebt Collection Agency to collect the balance of my business overdraft £5500. I am reclaiming pretty well £4000 from this account. So should I try to settle with Unidebt say £2500. And then continue my claim for £4000. Or should I just lose my settlement to having it go towards clearing my overdraft. I have so far issued a request for Unidebt to provide a copy of the agreement and I understand that it is unenforceable if they fail to do so within 12 days. Therefore, is it possible to get off completely and not have to pay off the overdraft AND to keep the whole balance of my claim, if Unidebt fail to provide a copy of the agreement in time.

 

If Unidebt are just collecting the debt on behalf of Natwest and don't own it then I beleive the CCA request should have gone to Nat West. I also think that the bank have the right of offset and any amounts you recover can be paid to reduce your indebtness to them. Also as this account is in dispute I don't think they can use a DCA - but check with someone who knows better - Alanfromderby is very good on the CCA and unenforcability and is very helpful.

[Its WAR]

Thats quite right, so I sent the cca request to both of them. Actually, I sent an SAR to unidebt first (I wonder if this automatically includes a CCA request)? The thing is, if the owner of the debt (either nat west or unidebt) fail to respond in 12 days, is the debt unenforceable? As far as unidebt is concerned the 12 days are up already. Even if they do respond and nat west are still the owners, I can always negotiate and settle a lower sum in order that nat west lose the right to set off. So clearing the debt has some advantages. What do you think?

[gizmo111]

tHE

[gizmo111]

The only thing that would bother me and I am not sure of the legalities of it - if you offered a %F&F of £2500 and you are claiming 4000 then they still can say that you haven't actually paid the charges, and as it is all happening at the same time then maybe they would have some sort of defence? On the other hand from all threads that I have read Cobbetts seem to be issuing cheques regardless of status of accounts, so basically it is your shout to do what you think is best. I absolutely hate Nat West and DCA's at the same level of contempt, so my say is get back what you can legally and anything else you can get written off enjoy!

 

Good Luck

[Its WAR]

Natweststaffmember please help. My wife had a closed account but we dont know the account number. We issued the S.A.R - (Subject Access Request) anyway. NatWest say: "It is not possible to trace the accounts you requested. Natwest uses only numeric code for the identification of accounts and without an account number and sort code we have no way of locating a closed account." We would expect name, address, date of birth would suffice. Also we would expect to draw their attention to the three other accounts we have properly identified and believe these would show a link to the unknown account number. What do you think we need to supply them with so they can be reminded how easy it would be for them to find the number?

 

So with three claims in (and the one above to go), we had a £900 offer today for the £4900 claim..........I dont think I will accept it.

 

Oh, nearly forgot. Every claim I have made (regardless of bank) that has been defended has ended up being transferred from moneyclaim online to my local (Taunton) County Court, nothing unusual there then. However, the District Judge in Taunton has (without consultation with me) transferred all my claims to Circuit Mercantile Judge in Bristol, deferring to his specialised knowledge for directions.

[Its WAR]

Cheque received £258 for 1 claim out of 4. This was the 3rd summons and issued on 3rd August. Although summons was acknowledged, it was not defended. Settlement within 3 weeks, pretty quick. Cheque did not include daily interest of 5p but as that only comes to 85p I will let them off. Accompanying letter wanted confidentiality, I have refused and have only accepted if this clause is deleted. Cheque came from Litigation Dept C Account Cheque no 170. Does that mean Natwest have only issued 170 payments so far? Or only 170 low value payments?

[Its WAR]

£1800 cheque (numbered 291) arrived this morning. With a covering letter spelling out Cobbetts terms of acceptance. I have accepted only as part payment. The balance will continue. Cobbets are suggesting that the payment covers my claim in full plus costs and section 69 interest only. They claim I cannot claim the unfair interest which in this claim ranged between 16.5 and 29.5%. The difference doubles the claim and I will continue to pursue it.

 

Cobbets defence and part 18 came today too, for my other £4000 claim. This account is the one they farmed out to Unidebt to collect the balance of the overdraft £5500. I am still waiting for Deeds of Assignment and Copy of Credit Agreement. Both NatWest and Unidebt are well out of time in sending these.

[fe_dup_1]

With regard to your wife's closed account - I went into the Abbey (different bank I know) with ID and just asked them for my (closed) account number. I didn't tell them it was closed or what I wanted it for. The woman in there looked it up with no problem. I presume that it is the same in all Banks.

 

HTH

 

Annette

[Its WAR]

Is there a detailed reply to Cobbetts standard defence and part 18. I just wondered if it would be worth giving them a formal reply rather than the standard part 18 does not apply reply. Otherwise its getting boring...........mind you, what on earth will we do when all our claims are settled? Silly question, spend the money of course.

[Guest NATTIE]

haydn not sure if I posted a response to your question on 16th August, so do you still need advice re closed account or have I already answered on other threads?

[Its WAR]

Thanks nwsm. Yes you gave me the info in a pm. I had a letter today from NW stating the account was too old for them to send me the Copy Credit Agreement. However, because the overdraft £5500 was old, last year they converted it into a new facility with a different account number and sort code. Surely this linked account is not too old? Although I have my original copy of the new CCA, both NW and Unidebt have failed to provide me with a copy of theirs (the CCA and Deed of Assignment). Does this mean they can no longer enforce collecting the balance of the overdraft? Or can they enforce collection once they do supply? I still dont know whether to make them an offer to clear the debt and so be able to retain the settlement of unfair bank charges, or risk the settlement going to clear the overdraft.

[Guest NATTIE]

Haydn- that's good, the rest of the points is unfortunately over my head as my main knowledge is NW bank and getting info. The other part maybe worth a look at DCA's section which I am sure you may have looked at as I have when things are quiet on here. Good Luck

[Its WAR]

Natweststaffmember... please help. Natwest still say they cannot trace the account number despite me telling them which keys to press, as you said. Joyce Tudor replied:

" As you surmised, I had already followed the avenues that you outlined in your letter but failed to retrieve the details of your account. As a consequence, I enlisted the assistance of a colleague who had a close working knowledge of both the (former) NatWest computer system and the present platform that was launched at the integration of the NatWest and RBS offerings. Again, he was unable to locate any details".

 

So, anyway, I have issued a summons 4th Sept for an estimated £200.

 

What else do you suggest I do to confound them? Otherwise they will retain a good defence if I have failed to prove I had the account.

[Guest NATTIE]

Haydn- if your account was open in October 2002 you need two pieces of information, Name account number and sortcode. With that I guarantee success 100%. I will edit this as I am going to read page one of the thread. I have further questions. If the branch was moved prior to 2002 the branch sort code may have changed. Or the account number may have been changed as a few branches over the years changed account numbers, I cannot remember the reason. PM me if you are still having problems

[HKS]

To be fair. I gave my sort code and account number and they were unable to trace - wonder if this is a new tactic!!