In court with Natwest- What bank charges can i reclaim?

[Gemby]

Hello

 

I am being taken to court by Natwest bank for non payment of my personal loan (Credit crunch has taken its toll and have been unable to keep up the payments).

In the court papers i issued a counterclaim for unfair bank charges.

I have been dealing with Natwests solicitors Shakespeare Putsman, and they have sent me copy statements for the last 6 years. I have totalled the charges with interest to nearly £8000.

It is my understanding that the Financial Ombudsman have not put a limit on how far back i can claim, and that the Financial Services Authority have ruled that banks cannot raise the Statute of Limitations as a defence in court in order to stop me claiming so far back.

I have also gleaned from this forum that i may be eligible to claim for "Restitutionary Damages".

Can anyone confirm wether i can claim for all charges since the accounts were opened (1992) together with interest and Restitutionary damages.

 

Gratefull for the advice

 

 

Gemby

[Guest wino]

Hi Gemby

From what I can gather you can claim back to 1995 which I only found out from this forum this week. I am not sure if you can claim further back than that. You can also claim 8% interest.

[Gemby]

Hi Wino

 

Thanks for that. I think we must have read the same article about claiming back to 1995. What is your take on Restitutionary Damages? Should i be making a claim for profit made by the bank using my charges money?

 

Gemby

[Guest wino]

To be honest I did not know about this until I clicked on your thread and read what restitutionary damages is. Hmm, very interesting. I supose it is right that we should claim back every penny that we can but I don't really know how to go about this particular claim. Would the onus be on the bank to do all the leg work to provide proof of what profit was made on your money or would we need to work it out ourselves after receiving copies of their accounts?

 

I do not know of anyone on here who is claiming restitutionary charges but I will have a scout about to see.

[Gemby]

OK Wino

 

Thanks for that, any info greatly recieved.

 

Gemby

[donnaeast]

i have just succesfully reclaimed 3000.00 of unfair charges from nat west but you must write to them and explain that you are in FINANCIAL DIFFICULTIES, good luck

[Guest wino]

i have just succesfully reclaimed 3000.00 of unfair charges from nat west but you must write to them and explain that you are in FINANCIAL DIFFICULTIES, good luck

 

 

Well done donnaeast Good news. Don't spend it all at once:razz:

 

Don't forget if this site has been any help to you at all during your claim please donate something even if it's only a pound. Every little bit helps you know:)

[Gemby]

Hey Donnaeast well done!!!

 

Anyone getting one over on Natwest is good news to me!

After 30 years of banking with them i expected to be looked after but they only want to look after themselves.

I have now counterclaimed for charges dating back to 1995 plus interest, plus overdraft interest, plus restitutionary damages. It could amount to a large sum of money......if it comes off.

 

Forget what Wino said....Spend it all at once!!! And enjoy!!!

 

I,ll keep you posted

 

Gemby

[sea-sidelady]

I will move this thread over to the Natwest forum, as you will get more advice in there.

[Gemby]

Ok sea-sidelady

 

Thanks for that

 

Gemby

[2Grumpy]

Don't forget to add on interest on the unfair charges that you have been overcharged. that can make quite a difference.