Me V Natwest

[mexico31]

OH MY GOD!!!!

 

I send my data protection letter on the 07.07.06 and it has taken 4 days and about 5 phone calls to find out if they have received it!! After calling again today they have confirmed that my statments have now been ordered and will be on the way ASAP. I'm not holding my breath..... :-x

 

Keep you posted

[jonni2bad]

Best of luck

[Guest NATTIE]

Please make sure NW put a note on your account re statements because if not, they will be destroyed and the process starts all over again

[mexico31]

AAARRRRRRRRGGGGGGGGGGGHHHHHHHHH. :mad: :mad:

 

Just been on the phone AGAIN to Natwest as I still haven’t received my copy bank statements. I was told that they have been destroyed as there wasn’t a despatch note on them?!?!?!?!?! How hard is it I ask you?? She told me if I haven’t received them within 10 days I should call back. 10DAYS , its already been 35 days

I am also claiming back charges with First Direct and sent the request for statments on the same day. I have received the copy statements, sent the request for payment, received a reply and now sent the LBA.

I am going to have a breakdown........

[Guest NATTIE]

Staff are making mistakes ordering statements and yet again you are yet another person who has not receieved statements promptly

[mexico31]

Hi All,

 

Sent request for payment 11.09.06, LBA 28.09.06 and submitted my money claim yesterday 18.10.06.

 

Just a little question.. I logged into moneyclaim today to check the status and it says that the claim has been issued. In the judgment section is says "Start". When i click on this to get more info it asks

 

" Do you wish to enter Judgment by default or by admission? Please select one of the options

 

The defendent has not filed an admission or defence to my claim

 

The defendent admits that all mone is owed

 

 

Do i just wait and do nothing?

 

thanks for all help

 

Nicky

[Shelty]

NW have 28 days to lodge a defence, but they wiil be notified of the case and acknowledge it within 14 days. You should get a written confirmation of this from the court. It;s just sit & wait time now.

[Lemondrop]

Me V. Nat West

I have just gone through the 1st stage of the claim by requesting details of the charges or my bank statements. Spookily enough I received a parcel (which was torn open, took aout 2 weeks) with 6 years of statements and no covering letter...how rude! It took me about an hour to go through them all and I am about to try the 2nd stage and recover £4,286 (plus interest) I'll let you know how I get on!

[cheddar]

Lemondrop can you do that by starting your own thread like Mexico31 has with this one can call it something like lemondrop Vs Natwest or whatever? Good luck!

[mexico31]

Hi all,

 

Received a letter in the post yesterday from those nice people at Cobbetts with an offer of just over 1/2 of what i'm claiming. NO THANKS

 

I shall send them one back accepting as part payment and letting them know i will be continuing with the claim.

 

What sort of time frame have people experienced before getting the full amount???????

 

 

Many thanks,

[livelylad]

Hi all,

 

Received a letter in the post yesterday from those nice people at Cobbetts with an offer of just over 1/2 of what i'm claiming. NO THANKS

 

I shall send them one back accepting as part payment and letting them know i will be continuing with the claim.

 

What sort of time frame have people experienced before getting the full amount???????

 

 

Many thanks,

 

Unfortunatley there is no time frame.

[mexico31]

Thanks... hope its quick though.

 

thanks but no thanks letter sent to cobbetts today.

[mexico31]

Hi all,

 

Still waiting..... wish they would hurry up so i can do some Xmas shopping!!

 

Anyway... not sure if I can do anything about this but thought i would ask. I have been defaulted by Natwest. The story goes.... I was using my overdraft and not paying any money in the account, they were charging me and i then went over my limit and In the end they defaulted my account and sent by debt to a collection agency. Natwest did contact me and i set up a payment plan but i didn't keep to it hence the collection agency.

I don't want to have a default against my name for the next 6 years. Do i have any hope of getting it removed??

 

Any help would be great

 

Thanks 2 all,

 

Nicky

[mexico31]

Still waiting for any help on my question above if anyone can?

 

Received defence in the post from Cobbetts yesterday

 

• The defence is filed 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 interest thereon) referred to in the particulars of claim or any other sum(s). In the event that the claimant does not properly particularise her claim then the defendant will apply to strike out claim and/or for summary in respect of the same.

• On allocation the defendant invites the court to direct that there will be a case management conference in order for the court to consider the making of appropriate orders to give the claimant the opportunity to properly particularise her claim

• Ni admissions are made as to what charges have been debited to the claimants bank account.

• In relation to the allegation that the contractual provisions to which the charges have been applied are unenforceable by virtue of the Unfair contract terms act 1977 (“UCTA 1977”) and/or the unfair terms in consumer regulations 1999 (“The regulations”) and/or the common law, the claimant is required to identify:

4.1 (a) the section(s) of the unfair contract terms act 1977(“UCTA 1977”);

(b) the regulations of the unfair contract terms in consumer regulations 1999 (“the regulations”); and © the principles of common law relied upon by the claimant in alleging that the contractual provisions(s) referred to are unenforceable ; and

4.2 the contractual provision(s) that the claimant allege are invalid by reference to UCTA1977 and/or the regulations.

Until such time as these sections/regulations/provisions are identified the Defendant cannot (save as appears below) plead to the allegation referred to in paragraph 4 above. The defendant therefore reserves its right to plead further to the allegation (and if) the claimant identifies the relevant contractual information

Someone help. Do I reply to the Court or Cobbetts?

Many thanks,

[Deller]

Just acknowledge to Cobbetts that you have received their defence then wait, you should receive the AQ next.

[jonni2bad]

Nicky,

 

Did you send a copy of your charges spreadsheet with the claim, or at worst shortly afterwards?

 

If so, then fine. If not, send a copy with the AQ when it is time...

 

Also, did you use the Particulars of Claim from this site?

 

As for the default removal, did you mention this in previous letters?

[mexico31]

Hi Jonni,

 

I sent a copy of the charges with a copy of my moneyclaim to Natwest on the day I raised the claim.

 

Please see below my MCOL claim

 

1. The Claimant has an account 96946431 with

the Defendant, opened 09/09/1996. Since

05/02/2001 the Defendant debited charges and

interest in respect of purported breaches of

contract. 3. Defendant is aware of all

details as a list of charges has already

been supplied. Another copy will be sent. 4.

Claimant contends: (a) The charges exceed

the Defendant's losses caused by the

breaches; (b) The Term permitting the

Defendant to levy such charges is

unenforceable under the Unfair Terms in

Consumer Contracts Regulations 1999, Unfair

Contract Terms Act 1977 and at Common Law.

5. Claimant claims: (a) return of the

amounts debited of £1616.00 (b) Interest per

S.69 County Courts Act 1984 of 8% - £390.94

continuing at 8% until judgment or

settlement at a daily rate of £0.36; 6.

Alternatively, if the charges are a fee for

a service, then they must be reasonable

under S.15 of the Supply of Goods and

Services Act 1982. 7. Costs allowed by the

Court.

 

 

 

I haven't mentioned the default removal in previouse letters.

 

Also, Received a notice trasfer of proceedings 23.11.06 and my AQ. Any help on this would great.

 

Many thanks,

 

Nicky

[mexico31]

Got the AQ ... should i wait or fill this in now? Also.. transferred the case to my local court. :eek: :eek:

[Deller]

Totally up to you, Cobbetts are likely to wait til closer the deadline, they usually do!!

[jonni2bad]

Well, if you have not previously mentioned the default then your options are limited. You could still amend the claim, but it would really have to be very quickly done, or you could await the outcome of the charges claim and then start a new claim for the default removal.

 

The possible difficulty with that scenario is that a Judge might decide that the charges have been dealt with and not allow you to get into discussion about them, leaving you with a very reduced argument for claiming that it should be removed....

 

I say might because it really is silly to consider the possibility that a Judge would not allow you to discuss matters of law - unfortunately I had one a few weeks ago - so they are out there!

[mexico31]

Help Me Please.

 

I have to fill in my Allocation Questionaire now and would really appreciate any help you all can give.

I have looked at the templates for advice but I am crap and don't know what to put in the other information.

 

Nicky

[Deller]

Here's the info you need to enter:-

 

I am respectfully requesting that my claim be allocated to the small claims track.

 

This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

[embo]

Hi

 

I asked this yesterday, I am not sure if you need to mention the default. (Maybe some one else can advise you on this)

 

However this is what i put:.....

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

[mexico31]

thanks for that both. Do i need to say anything about my list of charges that i have sent?

[mexico31]

Should i send a copy of A/C to Cobbetts?