Mickey against natwest part one

[MichaelHill]

Have been looking through the forums for past couple of weeks whilst i was getting my own info together and i did my schedules last night along with initial letter, can someone tell me wether i should drop it all into my own branch or send it somewhere in particular please.

Kind Regards

Mike

[olliegogs]

I sent my prelim ltr to my local branch until you receive a letter from another department. I would also send it recorded delivery.

Good luck

[MichaelHill]

ty, should i hand deliver and get proof of delivery

[Plutos]

I sent mine recorded delivery, but then forgot to sign it (do'h!). They wrote back and I went into the branch to sign.

 

General consensus on the site is sent it recorded delivery (signed) or take it into the branch and get a receipt for it. Either way they know you can prove they got it.

 

Pl

[MichaelHill]

Well after 15 days of initial letter going in i recieved an offer of about 50% of claim. Am now going to send refusal letter, should i get moneyclaim started straight away or see if they come back with better offer 1st with the threat of court being given in this refusal letter. Any ideas on what to say in refusal letter would be extremely gratefully recieved.

[cheddar]

If you have sent the Preliminary Letter then your next step is the LBA, please read the Step-By-Step guide in the FAQs to understand what the process is.

[MichaelHill]

Myself and my partner sent our LBA to natwest just 3 days ago and have got the reply today which reads

 

I Regret that there is little i can add constructivley 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 all been associated with a lack of covering funds in the account at the time they were presented for payment. Accordingly the charges that have been applied to your account should stand.

That said, in hope of forging a compomise and settlement with you an offer of £1605.50 was proposed by our Llanishen Branch as a gesture of goodwill and without admission of error or liability. This would be paid on the basis of a full and final settlement. I know you have declined this offer but it is not to be increased. If on reflection you decide to accept the offer please return to the etc

Much of the recent media coverage on bank charges has been fuelled by the office of fair trading investigation earlier this year, but that was limited to the administration charges on credit card accounts and did not extent 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 fee's. We are concerned that the office of fair trading has publicly called into question the setting of charges applied to other products, including current accounts. The office of fair trading has restricted its investigation to credit cards and made no attempt to consult with RBS group or the industry in relatio to other entirly different products.

Its dissapointing you are considering legal action, etc...

Stuart Wigley

Customer Relations

Starting to get twitchy now and dont know wether to accept or go all the way. They haven't offered my partner anything for her account, which makes me feel that i should fight the both claims and joint account all the way. What should i do ????

[Michael Browne]

File at moneyclaim 14 days after the date of your LBA, so you've got the next 10 days or so to prepare it.

[callumsgran]

This is standard bog off mike, go in for the kill!!!! kill, kill!!

Seriously you are so close now you must go all the way, or they will be laughing all the way to er the bank lol

Go on, go get 'em and good luck!

[MichaelHill]

ty. will start moneyclaim ball rolling and when i get back of hols next week they are going to pay me for a change.

 

I will donate as soon as i recieve my cheque i promise, i would be nowhere without this site.

Mick

[callumsgran]

You're as bad as my hubby! he's called michael but is known as mic, mick, mickey, mike and michael, so confusing sometimes, although if i call him michael he knows its serious!!! lol

Anyway best of luck to you!

[Deller]

Hang in there Mickey, thats standard practice to try and fob you off with a part refund. Its ALL yours and they know it!!!

[MichaelHill]

I have registered at moneyclaim and am wondering how best to describe the particulars of claim so that it makes sense and that i dont miss anything out. Any help would be very much appreciated.

[Michael Browne]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

[Deller]

Take your time on this, which is something I didn't do.

 

Go to jonni2bad's link for how to lay out particulars. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

Good luck!

[MichaelHill]

ty very much. Should i now add the 8% interest onto the schedule and send this new schedule to the bank before the claim starts

[MichaelHill]

Right b4 i do this all the letters i have sent have been about my 2 accounts with natwest, i have sent 2 seperate schedules but have included them both on my letter, showing the total for the both accounts together.

 

Do i need to have seperate claims for the accounts or can i put the two accounts into the one case. AGHHHHH, i wish i was legally minded.

 

I also have a joint account we are doing and my partner has 2 accounts so we will be busy as hell on MCOL.

[Michael Browne]

As long as a/c's are both in your name and total less than £5000, you can make 1 claim.

[MichaelHill]

cheers.

[MichaelHill]

The time for talking ends here, today i start the MCOL for myself, my partner and also our joint.

 

As we are now adding the interest onto the claim do i now need to send a copy of the schedule with the interest as they have only had it without it on before.

 

Thanks for responses in advance.

[Michael Browne]

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours Faithfully

 

When you receive the Notice of Acknowledgement send a copy to the bank’s solicitors.

[bearne1]

Hi Mickey,

 

I note that you received an offer from your branch for 50% of the charges, i am at LBA stage so thinking of sending this to my local branch manager?!

 

Is this what you did to get initial offer?

 

Cheers

[MichaelHill]

Hi Mickey,

 

I note that you received an offer from your branch for 50% of the charges, i am at LBA stage so thinking of sending this to my local branch manager?!

 

Is this what you did to get initial offer?

 

Cheers

 

I got my offer after the 1st letter, which was sent to the customer relations manager but recieved offer from local branch. My partner recieved hers from person we sent it to but as yet has not recieved any offers. She sent LBA to CR manager again and me to the local branch, both got replies from Stuart Wigley, me re offering the 50% and her nothing. So you might as well send LBA to CR manager as it will be passed to relevant Dept anyway.

[MichaelHill]

I have had a CPR 18 request from Cobetts, i have got the letter -

 

I Acknowledge the receipt of the defence posted on behalf of National Westminster Bank plc.

I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative

Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. However, for clarity, I confirm the charges I am claiming were applied to the following account:

Account Name:

Account number:

Sort Code:

 

Please also find enclosed a breakdown of all charges I am claiming.

Yours Faithfully

 

but does this cover this part

 

2:2 in relation to each charge, please clarify the following (a) is it the 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 beem 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 "unforeceable under the UTCCR 1999, the UCTA 1977 and the common law.

 

4. Plaese specify all of the facts relied on by the claimant in support of the contetions in paragragh 3 above, and in pareticular please identify (a) the sections of the UCTA 1977 (b) the regulations of the UCTCR 1999("the regulations) and © the principles of common law relied upon by the claimant in alleging that the contractual provisions referred to are unenforceable. Please also identify the contractual provisions that the claimant alleges are unenforceable by reference to UCTA? the regulations.

 

Sorry this post is so long but as you appreciate i need to make sure i dont make any mistakes here. Must answer this week.

 

Thanks in advance

Mickey Hill

[Deller]

Yes send this response to the cpr18 request along with a further copy of your schedule.

 

You don't have to answer this unless it's requested by the courts, which it hasn't been.