PeteD v Natwest

[thepeted]

Thanks Steven and fendyweather for your thoughts and advice and also for helping to explain the interest issue here.

 

In principle I agree with Steven, however I know that whats important is that I begin this action and get it done! I would also rather keep things simple and at a level I can understand.

 

Therefore I have composed my premlim. letter and left out the bit about interest.

 

I presume that this is still the correct address to send the prelim letter to via recorded delivery:

NATIONAL WESTMINSTER BANK PLC

135 BISHOPSGATE

LONDON

EC2M 3UR

 

If someone could confirm that I'll post the letter from work tomorrow and of course keep you this thread updated.

 

edit - thanks also scott, I do agree with you and will reserach further the interest issue and get my head round it for when I take on Cahoot in the future, but I really want to get the ball moving right away with Natwest.

[Michael Browne]

Preliminary and Letter Before Action

 

NatWest Customer Relations

225 Shenley Road

Borehamwood

Hertfordshire

WD6 1BR

[scott150663]

hi again

 

im about to start another claim against nat west the claim dates from June 2000 to Feb 2001

 

claim £3378

 

claim + 8% £5114

 

claim + CI £20,134

 

 

is it still not worth waiting a few days...............................................................

 

Scott

 

i do respect your decision either way

 

My point is look at it if u cant work the spreadsheet find someone who can as u can claim alot more dosh..

[steven4064]

Scott

 

Are you claiming back the interest they charged you or are you claiming CI on teh charges as if they had borrowed the money from you at, say, the unauthorised overdraft rate?

 

Steven

[thepeted]

Michael thanks for the correct address. Scott thanks for the figures - that does illustrate that this is definately worth considering. My main issue is that I want to be sure I understand everything thats going on myself so I'm confident in what I'm doing.

 

If I get time over the next couple of days I may give it a go. Its great so many such as yourself are here to help out.

[steven4064]

claim £3378

 

claim + 8% £5114

 

claim + CI £20,134

 

I think you should claim + CI and + 8%. That is claim your charges and the interest they put on top of the charges. When it goes to court add 8% on top.

 

Steven

[Michael Browne]

I think you should claim + CI and + 8%.

You can't claim both CI and 8%. One or the other. You can claim CI and then 8% in the alternative

[scott150663]

I think you should claim + CI and + 8%. That is claim your charges and the interest they put on top of the charges. When it goes to court add 8% on top.

 

Steven

 

 

Steve youve lost me !!!!!!!!

 

as far as i know (im 99% sure u cant claim CI + 8%)

 

u can claim all charges

 

if it goes to legal stage u can add 8% on top of claim............

 

Or u can start your claim with CI But u cant also claim the 8% on top of CI

 

Apologies if im wrong

 

Could someone confirm this as if u advise someone that they could claim that way u need to be 100% sure

Scott

[steven4064]

This was the reasoning behind my question to you in post 12. If you are charging them interest as if you were lending them money, then I think I agree.

 

However, if you are claiming back the interest they charged you on the charges (as overdraft interest on the proportion of your overdraft composed of charges) then that interest is an integral part of the money you have been unlawfully deprived of, and should form part of your claim. The rate you use is the contractual rate they used.

 

Once you submit a court claim you can put 8% on your total INCLUDING the interest you have claimed back.

 

I hope this clarifies.

 

Steven

[scott150663]

Scott

 

Are you claiming back the interest they charged you or are you claiming CI on teh charges as if they had borrowed the money from you at, say, the unauthorised overdraft rate?

 

Steven

 

Hi Steve

 

im claiming at the unauthorised overdraft rate of 29.5% CI

 

Scott

[steven4064]

Scott

 

In that case, you are right not to add the 8%. In our claim against NatWest we claimed back only the interest they charged us. Then we added 8% onto that which is different (and legitimate).

 

Steven

[thepeted]

Hiya, the 14 days are up and all I've heard from Natwest is an acknoweldgement letter from Mr Higley and my claim is being investigated. So, I'm off to send my LBA recorded delivery tomorrow.

 

Presumably I should amend the template to say that I am disappointed that they haven't responded 'positively' rather than not at all?

[thepeted]

Natwest offered the full amount shortly after the LBA deadline and before i had started court proceedings

[hedgey06]

In which case, I do believe

CONGRATULATIONS!!!!!!!!!!

are in order!

Well done mate - another fine win. Enjoy every penny!

Best wishes, hedgey xxx

 

 

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