tallullahbelle vs natwest bank

[tallulahbelle]

hi all, after reading this forum, i have decided to claim back my charges with natwest, so after recieveing my statements ive sent off my preliminary letter today. any advice feel free to post to me

[Guest NATTIE]

No one wants to post to you so might as well say welcome and good luck

[cumbria123]

That`s not true, people do want to post, they just haven`t done it yet.

 

good luck (not that you`ll need it) and welcome.

[gizmo111]

hi all, after reading this forum, i have decided to claim back my charges with NatWest, so after recieveing my statements ive sent off my preliminary letter today. any advice feel free to post to me

 

I think you will find all you need by reading site advice etc. Welcome anyway I hate Nat West and have 2 claims in with them, soon to be three!

 

Good Luck

[tallulahbelle]

time so does fly...

i didnt have access to computer for while, but ive done all the procedure that was stated in the step by step guide (thanku) and i submitted my claim to www.moneyclaim.gov.uk claim no. 6QZ64749, and ive recieved in post today ' request for further information and clarification' and also defence from natwest bank, im really confused as i was just expecting the usual AQ! it writes in the 1st part:

the request

 

1. in your claim you state: "claimant is claiming the return of £821 taken by defendant in charges over the past years"

2. please provide the following particulars in support of your claim:

2.1 - in relation to each charge please identify (a) the date when the charge was charged; (b) the amount of the same;and © the reasons given for the charging of the same.

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 changed? ©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 been charged (e) if no; please state the claimants case.

3. in your claim you stae=te that "the defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law"

4. please provide the following particularsin support of the claim:

4.1 - please specify the clause(s) oursuant to which the charges were applied;

4.2 - please specify whether the charges applied were due to a breach of contract by the claimant;

4.3 - please identify in each case the particular breach of contract (by reference to appropriate term(s) of the contract) that the charge related to.

5. in your claim you state that the charges are: invalid under the unfair (contracts) terms act 1977 s.4 and unfair terms in consumer contracts regulations 1999 para 8 and sch.2(1)(e)" and "unreasonable within the meaning of the supply of goods and services act 1982 s.15"

6. please specify all of the facts relied on by the claimant in the support of the contentions in paragraph 5 above, and in the particular please identify the contractual provision(s) that the claimant alleges are invalid by reference to UCTA/the regulations

dated 20th october 2006

 

is this normal procedure with natwest? mquite concerned as i dont really understand it, i also got something like that but in the defence's wording

 

very worried tallulah

[ED1237]

Hiya,

 

It's standard.

 

Write this to solicicitors and copy to court.

We acknowledge receipt of your defence & request for further information and clarification.

 

We anticipate that the claim would 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 we consider that the CPR part 18 request is intimidating and intend to bring the intimidation to the notice of the court. However, for clarity, we confirm the charges we are claiming were applied to the following account:

 

Account Name:

 

Account numbers:

 

Sort Code

 

Amount

 

 

As a gesture of goodwill we enclose a schedule of charges which has twice been submitted to your client and which was also included with my claim. We can only assume your office has misplaced it.

 

Yours etc

[tallulahbelle]

thanks teddea for the letter - most useful!! have now sent this along with copy of the chages again. will keep you all informed how i get on! T

[tallulahbelle]

Solicitors sent me letter stating that nat west would offer £500 in settlement. I then wrote back and accepted by in hind sight of realising that the solicitors sent this letter along with my confidential information to a 3rd party who then kindly forwarded the letter on to myself I want full settlement of the claim or I will also prosecute for breach of the Data Protection Act.

i think its disgusting that they can make this sort of mistake

[tallulahbelle]

A lot of stress with all this, I don’t really now where I stand now, as since they offered me sa ettlement of £500 on 1st nov, along with breaching the data protection by sending my details to someone else, I sent them my AQ and received there AQ on 10th November 2006 they didn’t even request an extra month like I read on this forum a lot of people do. The court date is set for feb 2007, is there any letters I can send to try bring it on so they offer me full settlement and also does anyone know what I can do regarding them breaching the data protection? Please help x lol