NATWEST: Reclaiming Charges on overdraft...

[lisaclaim]

Hello everyone, hope you are all enjoying the sun !!

 

I have another thread regarding my overdraft and have been advised to start by claiming the charges. I have found the step by step guide and downloaded the comprehensive excel spreadsheet. I have put the charges in but am unsure how to do the next bit.... natwest have refunded me bank charges (not all) but how do I put that in the spreadsheet as some were part payments

 

Thanks

[caro]

Hi lisa

 

Just put the payments as minus figures on the date you got them back, which you should be able to tell from your statements.

[lisaclaim]

Thanks for that. Am completing today and putting in the post with the first letter.

 

Do they stop charges of any kind whilst we are waiting for the court hearing or can they still charge me?

 

Also this account has gone into a massive overdrawn and I have opened up another account with a different bank and all bill payments and wages are going through there now... as I cannot afford the payments i am going to let it go to default but they will still charge me and the amounts will go up?! is it better to just let them know i cannot afford it and get them to put to a debtor earlier rather than later?

 

Thanks

Edited June 5, 2009 by lisaclaim

[lisaclaim]

Received a letter last week with a Customer Financial Statement to fill in. This statement is over 3 pages long and requests all my income and expenditure details (should I fill in and send back????)... please see the following

 

Natwest Reply Page 1 - http://i42.tinypic.com/2rg2lau.jpg

 

Natwest Reply Page 2 - http://i43.tinypic.com/2hcfgug.jpg

 

We also received a separate letter from them over the weekend as our account is over the overdraft limit as they have added more charges and interest, although I did wait for those charges to be added before I sent them the first letter demanding my charges back. This letter basically was asking for us to contact them urgently with regards to the account.

 

Will the whole thing be dealt with separately or should the account be put on hold until after the charges hearing tomorrow.

 

Many thanks

[caro]

I wasn't aware of a charges hearing tomorrow. Do you have another thread? This could put a whole different slant on what you need to do.

[yourbank]

House of Lords test case - Tuesday

 

Received a letter last week with a Customer Financial Statement to fill in. This statement is over 3 pages long and requests all my income and expenditure details (should I fill in and send back????)

 

yes definately and as soon as possible. it sounds as though they are treating you as a hardship case. put a covering letter with it detailing your circumstances and also express your concern over the letter you received chasing your for payment of the disputed debt.

[lisaclaim]

Apparently I am not a hardship case lol.

 

To date I have received 4 different chase letters from 4 different debt collectors chasing the overdraft amount. I have not paid anything at all since before I even started this thread.

 

Where do I stand. Are they just going to keep passing to different debt collectors and me keep getting letters threatening to go to court?

 

Many thanks... I am just trying to weigh up my TIME options on how long this will go on.

[lisaclaim]

Hi

 

URGENT HELP PLEASE... I still sent a letter again and as mentioned above we are not a financial hardship case.

 

Today we got a court letter dated 11th November and have 14 days to reply ! I thought because I had sent them a letter with regards to the charges it was on hold until the hearing!!!

 

PLEASE SOMEONE HELP

 

How do I fill in... I am presuming that I do not admit all the claim because there are bank charges within the amount they are claiming for

 

I am desperate and shocked as I thought it was on hold until the court case for the bank charges was completed

 

 

Figure is now over £8000 overdraft. When I did the charges bit in June it was up till then. I am sure there has been more interest applied but cannot log in online anymore. I presume I would need statements for the last few months to update the charges / interest on account.

 

I think based on reading the form I would be acknowledging the service but ticking I intend to defend part of this claim! Is that right. Also do I ask bank for statements again as cannot access them for last few months. Also even though it is a joint account the court papers are only in my husbands name! I have not received court papers in my name or a joint one?

 

 

Many thanks

Lisa

Edited November 14, 2009 by lisaclaim

[steven4064]

How much is your charges claim?

 

I presume what you have been sent is a form from the court rather than from NatWest - you will need to counterclaim for the charges

[lisaclaim]

Hi Steven

 

Thanks for the quick reply... it is court papers from THE NOTTINGHMA court on behalf of natwest with their solicitors names on... Up to 6th May 2009 the claim for charges (which I have not filed for at court or anything, I only did the first stage) stood at £1,028.60 less what they refunded me of £334 leaving a balance of £694.60 BUT I have received charges since then up till today but cannot access online or have any statements for that period

 

when you say counterclaim... do I start a claim for the charges, do I need to request further statements as time has lapsed and the balance has gone up... do i fill in acknowledgement of service but say I only agree to part of the claim?

 

Thanks

Edited November 14, 2009 by lisaclaim

[yourbank]

Hi Steven

 

Thanks for the quick reply... it is court papers from THE NOTTINGHMA court on behalf of natwest with their solicitors names on... Up to 6th May 2009 the claim for charges (which I have not filed for at court or anything, I only did the first stage) stood at £1,028.60 less what they refunded me of £334 leaving a balance of £694.60 BUT I have received charges since then up till today but cannot access online or have any statements for that period

 

when you say counterclaim... do I start a claim for the charges, do I need to request further statements as time has lapsed and the balance has gone up... do i fill in acknowledgement of service but say I only agree to part of the claim?

 

Thanks

 

You have to acknowledge the claim within 14 days. Immediately ask NatWest for a Subject access request for the charges on your account. Furthermore, you will be defending the amount based on the charges.

How much is the amount the bank are taking you to court for?

[lisaclaim]

Hi, I did originally do a letter please see links below from which I got a letter from Natwest, see links below. I sent them details as requested but they said we do not come under hardship! I then just sat and waited as I thought they couldnt go to court because I had already told them about the charges

 

I didnt request statements because I had access online to all my charges etc of which I took screen prints and have them saved on my computer:

 

Letter I sent, page 1 http://i35.tinypic.com/6z3gj4.jpg

Letter I sent, page 2 http://i37.tinypic.com/a5hpcg.jpg

 

Reply from Natwest, page 1 http://i37.tinypic.com/1y3e3m.jpg

Reply from Natwest, page 2 http://i33.tinypic.com/314t45h.jpg

 

How it was worked out http://i35.tinypic.com/28lz7ub.jpg

 

Thanks

[lisaclaim]

I have done the SAR and will post first class tomorrow morning...

 

It states I have 14 days to respond of which I am to respond that 'I intend to defend part of this claim' ??? ... I am going to do this online does it make a difference as to whether I respond now or closer to when my 14 days are up?

 

many thanks again

Lisa

[yourbank]

I have done the SAR and will post first class tomorrow morning...

 

It states I have 14 days to respond of which I am to respond that 'I intend to defend part of this claim' ??? ... I am going to do this online does it make a difference as to whether I respond now or closer to when my 14 days are up?

 

many thanks again

Lisa

 

28 days starts from the date of acknowledgement of the claim. I am going to ask for site team to take a look because I am sure they will have some good advice on this specific issue.

[steven4064]

You only need to do a SAR if you don't have the statements from May 2009 - if you have them, you can work out the charges from those.

 

As YB says, you need to acknowledge service within 14 days and you then have 28 days to file a defence (28 days from service not from the end of the 14 days).

 

You can use a form N9b for your defence as that also allows a counterclaim.

 

I think you need to counterclaim for the charges rather than just deduct them from the amount you agree you owe since the basis of the two claims is different - I think a counterclaim makes that more obvious and avoids the possibility that a court might simply just 'forget' that you are owed money too. MHO

[lisaclaim]

You only need to do a SAR if you don't have the statements from May 2009 - if you have them, you can work out the charges from those.

 

As YB says, you need to acknowledge service within 14 days and you then have 28 days to file a defence (28 days from service not from the end of the 14 days).

 

You can use a form N9b for your defence as that also allows a counterclaim.

 

I think you need to counterclaim for the charges rather than just deduct them from the amount you agree you owe since the basis of the two claims is different - I think a counterclaim makes that more obvious and avoids the possibility that a court might simply just 'forget' that you are owed money too. MHO

 

Thank you for the information. I will go online this evening and acknowledgement of service. I know this might sound 'thick' but do I still select the option "I intend to defend part of this claim"... and if so then am I supposed to do the N9b at the same time online (does it give me the option?) or do I have to start a brand new claim.... OR is it just better for me to fill out the claim in 'pen!' and fill out the N9b' in pen and post?

 

ALSO I do not have access to any statements from June 2009 which is what I need. I did originally get all my information of the internet so never had the printed ones in the first place.

 

ALSO as I do not know what amount I am claiming, till I receive the statements, how can I do the N9b in time

 

Sorry

thanks

Edited November 16, 2009 by lisaclaim

[steven4064]

Ive been thinking about this a bit. On what basis could you defend the claim, since, presumably, you do owe the money. If you tick the box that says you dont intend to defend, then they will get judgement straight away, possibly not giving you the chance to enter a counter claim (although you could start a claim from scratch).

 

So you need to be able to tick one of the boxes "I intend to defend part of this claim" or "I intend to defend all of this claim". In either case you then need to have a defence.

 

So, despite what I put earlier, perhaps the best course of action is to tick "I intend to defend part of this claim" and then submit a defence that a proportion of the claim relates to charges that are unlawful. The defence would be based on a standard bank charges claim. IN that case, you dont need a N9b but a N9a. The advantage of this route is that it wont cost anything. A claim or counterclaim would require court fees.

 

As to the statements - cant you just print them off from the internet?

[lisaclaim]

Hiya, OK I get what you mean thanks... will leave it up till the 14 days just in case I get the statements, etc from the bank based on the SAR. Then I will put in that I am on admitting to part of the claim and wish to defend the rest. hopefully I will get statements before then so that I can 'tot' up what I am actually defending. If not I will still submit online the acknowledgement which will give me a little more time to wait.

 

As far as the internet goes I did originally download my statements but they have locked me out now on the internet so I cannot log in... it states, when I try, that I have to phone the bank! which I do not want to do lol

 

If you think of anything else please let me know... many thanks

Lisa

[steven4064]

Just to be clear - you have 14 days from the date of service to acknowledge and then, once you have acknowledged, you have 28 days from the date of service to file a defence. In other words, there is no point in waiting to acknowledge service.

[lisaclaim]

Hi Steve

 

I was only waiting in case anyone gave me some more information. In the previous post you had thought of something else after pondering so I just wanted to give a bit more time... sorry... I am going to acknowledge the claim online now.

 

Many thanks

[lisaclaim]

Hi again...

 

Received on Saturday a letter from them with my letter and cheque sent back... please see below for details

 

http://i46.tinypic.com/u4ykn.jpg - their reply

 

http://i47.tinypic.com/10yexic.jpg - my orig letter with cheque attached

 

 

...can they do that. On my cheque it had my signature on lol. Do I give them my signature and why do I also have to go in to my bank?

 

Any help thanks

[lisaclaim]

Hello again

 

I have already submitted that I admit only to part of the claim... but with the recent court news is there any point in fighting for the bank charges... any point in sending natwest another tenner to get my statements?

 

please answer... many thanks

[lisaclaim]

Hi again... please can someone let me know. I submitted acceptance of only part of the claim as was going to claim against the bank charges... is there any point now with the court case not going our way!

 

Also please any point in sending another tenner to get my statements, please see attachments above in previous question from me.

 

Thanks... running out of time to send in my defence to court !!!

[caro]

I assume that the bank are sending statements and/or correspondence to you at your address, so I suggest you write back to them and make this point, and tell them that the clock started ticking when they received your original SAR as payment (with your signature) was enclosed. I assume they've processed other cheques without questioning your signature. They have also been more than happy to take out a court claim against you so must be satisfied with your identity!!

 

As regards the test case, the press coverage that we lost has not been exactly accurate as the announcements show. In your defence make sure that you mention section 5 of the UTCCR. Follow the link for more info. http://www.consumeractiongroup.co.uk/forum/announcement.php?f=24

Edited November 30, 2009 by caro

[lisaclaim]

Hi thank you caro for the information. I will write to them again today... also I tried clicking the link you added but get the following message:

 

lisaclaim, you do not have permission to access this page. This could be due to one of several reasons:

1. Your user account may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
   
2. If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.