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NatWest Iressponsible lending - HELP PLEASE new develpements


ieuanMr
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Thank you for the further information. I note with interest that the further loans were for different purposes. ie partly the original purchase, partly alleged improvements partly debt reconciliation. Under CCA regulations I believe these should have been seperate loans not rolled into one as they were for different purposes. This may give you a different angle to make repayment unenforceable. (Fingers crossed for you).

 

Whilst it is disappointing that your sons friend did not do a good job I feel that was not the Banks responsibility. If you take that argument forward you are basically saying that whenever the Bank lends money they should check it is used properly. Bankers would have to check out all cars purchased, building work done etc which they are not qualified to do. The only time they do check is on property purchases and that is to protect themselves not the customer. As I say this is just my opinion but the banks lend trillions each year without checking how it is used.

 

PPI whether right or not has to be added to the loan in almost all cases as most customers cannot afford to pay the premium up front. Should this extra payment then make an afforable loan unaffordable would it be declined, I think not. My main point re PPI is that in theory they are a good idea and it should not be presumed that all loans with PPI have been missold. However I have been pressured by my Bank in the past to have PPI despite being long retired and I agree they do not look into personal circumstances or usefulness nearly enough and are now getting their come upence. I am sure you have looked at the PPI threads and these of course have a lot more useful information on them.

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The bank has contracted to keep abreast of my situation in its terms and conditons relating to their Advantage Gold Account, an account in which my son has paid £13.00 a month for. see extract:

F. Your Information

(iv) We and other group companies will use, analyse, and asses your information to maintan and develop our relationshiop with you. This will include the following purposes:

a) considering any applications made by you and in helping us make credit -realated decisions about you;

b) operating and administering the services we and/or they supply;

c) Servicing your relationship with group companies;

d) financial risk assessment, money laundering checks, compliance and regulatory reporting and fraud prevention;

e) helping us and our insurance underwritiers to make decisions on insurance proposlas and claims such as motor, household, credit and life, for you, memebers of your hosuehold and others conected with your insurance proposals and claims.

f) helping us and them to undertsand and develop our and their business, including new and inovative products.

(vi) As our business and our relationship with you develop, the way in which we look at, record and use your information may change. In most cases these changes will result in enhancementsin technology and we believe the change smay not be obvious to you, we will give you notice of them.... etc

 

To sum up all that above in italics is that the bank on reciept of my son's £13.00 a month will look out for my son, this they have failed to do. There is a strong contractual obligation there, not just for the bank to be looking to sell, sell and more sell their orducts but to form a realtionship. A relationship cannot be all for one party, it has to be for two parties.

 

This will be core to my claim, the whole contrac is void as my son's trading relationship with the bank is unfair and breaks the law. In my opinion the whole debt is unenforcable.

 

thanks for raising these issues, I appreciate it very much as it has made me think through this process.

 

regards

Ieuan

Edited by ieuanMr
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A letter came from NatWest regarding the SAR, they refer to the mortgage information but not anything else, maybe they send the requests to different departments. They acknowledge that they will send data according to section 7 of the 1998 Data protection Act. This seems to imply that the strongly worded SAR is of no effect unless it complies with the act. For instance they say it is not their practice to send copies of standard documents, but I need copies of terms and condition relating to the contracts at that time of the contract otherwise how am I going to analyse the data. They don't intend to send further copy statements.

 

This is now 27 days into the 40 days allowed + 2, I wonder if I should remind them of their obligations under the ACt or should I just let them foul up and then go to court?

 

I think there is a follow up letter in the templates.

 

Ieuan

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A letter came from NatWest regarding the SAR, they refer to the mortgage information but not anything else, maybe they send the requests to different departments.

It is certainly possible that this is only the first of many envelopes you will receive from NatWest. When I submitted my SAR to them (regarding a personal loan) I ended up with 3 or 4 responses from different parts of the entity that is RBS/NatWest. (Of course the one thing that was missing was the CCA agreement, since it seems they have lost it!) Also please be aware that all financial institutions seem very reluctant to send copies of Default Notices with SAR responses.

 

They acknowledge that they will send data according to section 7 of the 1998 Data protection Act. This seems to imply that the strongly worded SAR is of no effect unless it complies with the act. For instance they say it is not their practice to send copies of standard documents, but I need copies of terms and condition relating to the contracts at that time of the contract otherwise how am I going to analyse the data. They don't intend to send further copy statements.

Personally I don't understand the implications of what they are saying. Hopefully someone with more knowledge will be along who can advice you. If not you could always notify the post to a member of the site team who will try and find someone to respond to you. I can understand that they might not wish to incur the cost of providing another set of copy statements if they have already supplied those to you.

 

This is now 27 days into the 40 days allowed + 2, I wonder if I should remind them of their obligations under the Act or should I just let them foul up and then go to court?

 

I think there is a follow up letter in the templates.

 

Ieuan

I would wait the 40 days (though it does take a long time to pass when you want to get on with things). I am not sure what you intend to take them to court with if they fail to respond properly to a SAR? I thought the normal route was a complaint to the Information Commissioners Office (though I do hear views that they are somewhat ineffective).

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Well Texan bar was kind enough to send me a reply:

 

With regards to NatWest, I would also do a Subject Access Request (Subject Access Request) - fee £10.00 whereby they should send you all information/data they hold. Both of these requests have time limits on for them to return the said information to you, which after this time has lapsed you can send in a Account in Dispute letter and begin to cease payments.

 

I have done both the above and have since stopped my payments although all my debt is now in the hands of various DCA (debt collection agencies), I am happy to continue down this route as I believe most of my CCA are unenforceable.

 

I could send them a dispute letter and supend payments, is there a template for that? Suspending payment would really help my son.

I can write to the Information Commisioners Office and make a complaint. I an also complain to trading standards.

I can take out a county court action for damages (someone claimed £560.00 and won) I can ask the court to make them comply.

 

I also got a post from MoneyDragon and this is their comments in italics:

 

Hi Ieuan

 

Nat West did not reply to my Subject Access Request they are so arrogant they think they are above the law so I reported them to the FOS for not complying. They then sent me only statements as they had lost/destroyed my credit agreement so I stopped payments to them, oh and I was awarded £50 too for my time.

 

So now it's stale mate they keep chasing me and I keep telling them to take a hike until they can furnish me with a true copy of my agreement.:wink:

 

So if Nat West treat everyone the same then dont hold your breath waiting!!

Hi Ieuan

 

Nat West did not reply to my Subject Access Request they are so arrogant they think they are above the law so I reported them to the FOS for not complying. They then sent me only statements as they had lost/destroyed my credit agreement so I stopped payments to them, oh and I was awarded £50 too for my time.

 

So now it's stale mate they keep chasing me and I keep telling them to take a hike until they can furnish me with a true copy of my agreement.:wink:

 

So if Nat West treat everyone the same then dont hold your breath waiting!!

 

So it seems complaining to FOS worked and he had the courage to stop payments and it seems to have worked.

Edited by ieuanMr
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I have three CCA's matured today, all to NatWest. I need to find the dispute letter template to send to them but have failed so far. I do find the site difficult to navigate. I know it is there because MoneyDragon told me weeks ago. Can anyone help?

 

As I understand it, on failure to provide a CAG I have to write a dispute letter using the templates provided, then give them 7 days + 2 notice and on failure of that warning to send one last letter that if they don't respond in 7 days + 2 I may take court action for damages without further warning.

I may then report them to the ombudsman or take them to court for damages. The damages would be the effort expended in applying for the CAG and could be charges at £125.00/hour + actual costs (stationery and stamps and so on). On filing for damages I am then able to stop all payments to NatWest (ie. £30.000.00 fixed loan and £57 000.00 mortgage + interest). NatWest then cannot levy further charges against my son until the dispute is over neither can they harrass my son, in effect the accounts are frozen until the court makes a descision.

I have ordered a small claims book from this site, will the 'in dispute' template be in there?

We have opened a parachute account with another bank and my sons salary is now going to be paid into that account this week, then we will cancel the DD with NatWest and make two with the new account, then empty the account save for a nominal sum to keep account open. So when we take court action at the end of November there will be little cash in his account for them to help themselves to. I hope NatWest is not reading this!

I really want to bash off an 'in dispute' letter to the bank as soon as possible, someone please help?

 

Ieaun

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Yes Middenness, I meant to type CCA I have been through that link many times but cannot see a template advising of possible court action if they don't comly within 7 days.

 

I don't know if the site is working properly, I looked to see how to do a search and all I heard was a voice recording, nothing else came up and I was logged in. I desperatley need those templeates though.

 

regards

 

 

Ieuan

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I think that what you need is the letter that puts an account into dispute so that you can stop payments until they comply.

 

Have a read of this post..

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/169956-credit-card-agreement-request-2.html#post1880185

 

 

Letter to use is below;just remove the parts that are not [yet] relevant......

 

Account In Dispute

 

Dear Sir/Madam

 

Re: my request under s78 of the Consumer Credit Act 1974.

 

Thank you for your recent letter sent to me dated **DATE**, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated **DATE**. Upon receipt of the original request the specified account legally entered into disputed status.

 

My request remains outstanding. The supplied documentation does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'. The statements sent do not correspond to the amount stated in your earliest correspondence and therefore they do not satisfy the requirement to supply me with a statement of account.

 

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until **12 days DATE** to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

 

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation. . You entered into a default on **12 Days DATE**

 

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

 

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I would appreciate your due diligence in this matter.

 

I look forward to your reply.

 

Yours faithfully

Edited by middenmess
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Wow thanks Middenmess

I really appreciate your effort with this, that must have been a lot of work for you. I just thought there was a template out there somewhere. I shall bash of three leters now.

Thanks again

 

regards

Ieuan

p.s and that is a brilliant link, I just read it and yes they have taken advantage of my son's vulnerbility in not understanding how debt esculates out of control.

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Thanks Ieuan but I can't take the credit as I'm sure that it's from the CAG library but like you I couldn't locate it again easily but had already saved a copy of it which I then edited for my own use when challenging my CCA's.

 

This link can be very useful for finding things.

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/123390-consumerwiki-z-index.html

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That was an excellent link: ConsumerWiki- A - Z Index. I used it to find an 'in dispute' letter for non reply to my original CCA and shall send of with copies of the original CCA's on Monday by registered mail. I also bashed out one for Santander and unless their copies arrive on Monday they will be formerly 'in dispute'.

I noted the warning in the template library that these letters should not be used for debt avoidance but only used where there is a genuine dispute over the contract. In my case I have a whole file of letters detailing my complaints both with NatWest and with Santader and their agent FordXXXXX.

I am so very glad I stuck to due process and have dozens of copies of my letters outlining my complaints.

So, from Monday I can cancel the DD's for my son on the mortgage, the fixed sum loan and on the car. This will be a saving in payments of £725.00/month a not inconsiderable sum and will help him with the costs of litigation should such a need arise. If they fail in their attempt to send all the documents I expect that the dispute to trundle on until Christmas at least and I guess we shall have a merry time spending all this cash on completly spurious and unecessary things like turkeys, bottles of brandy, presents, trees and other assorted frivolities. We might even take a holiday with our son and show him how life should be for all the hard work he has done for so many unproductive years.

I am a bit nervous about cancelling the DD's, it seems kind of illegal somehow and my wife is uttering grave warnings and old cliches like 'don't count your chickens until they are hatched' advice. But what can the bank do? can they empty an already empty bank account (we should have all his money transferred to his parachute account by then. can they send around the heavies? Can they send in bad credit reports, according to law they can do none of that only stick out a lower lip. It does seem too good to be true...is there a catch? It can't be right, that a fomer slave can standup to the mighty eyes in the sky (Lucy).

What happens if all the correct documents do arrive (and pigs might fly) according to the advice on line I then have to continue the payments unless I can go to court and claim for damages or put in my dispute claims for irresponsible lending.

I am in two minds over this, if I go to the ombudsman they will do all the work for me but may not award costs, if I go to the court I could get costs if it is over £5000.00 but then that route seems so tortuous and there are many obstacles. If I put in job-lot claims to the court they may not award costs and the costs are going to make all the difference to us along with 8% interest.

I rememebr lookig through the site for hours trying to find this dipute letter and never felt so alone, predominatley on my mind was...what next? How do I proceed, all of a sudden all my vieled threats to the bank seemed sudenly 'hot air'.

Any way got that off my chest, now I wonder if there is any rugby on the TV.

 

My Thanks again to all who have contributed to my requests for help, it has been wonderful...thank you.

 

Ieuan

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I recieved an e-mail from the following today:BankFoddexxxxxxxxx. It seemd absolutely genuine and showed personal details but I wondered why the e-mail wasn't through the site e-mail system and have not replied.

Is this a genuine letter, and if so why did it not come through on the internal mail.

Ieuan

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I recieved an e-mail from the following today:BankFoddexxxxxxxxx. It seemd absolutely genuine and showed personal details but I wondered why the e-mail wasn't through the site e-mail system and have not replied.

 

Is this a genuine letter, and if so why did it not come through on the internal mail.

 

Ieuan

BankFodder is Marc Gander who is the site owner of CAG and he does sometimes email posters because of the nature of what the site may or may not need doing. Furthermore, I would suspect his inbox is probably constantly full.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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BankFodder is Marc Gander who is the site owner of CAG and he does sometimes email posters because of the nature of what the site may or may not need doing. Furthermore, I would suspect his inbox is probably constantly full.

 

 

He has been alerted to this.

His inbox in probably full on reflection of site traffic-a VERY busy site.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I recieved an e-mail from the following today:BankFoddexxxxxxxxx. It seemd absolutely genuine and showed personal details but I wondered why the e-mail wasn't through the site e-mail system and have not replied.

 

Is this a genuine letter, and if so why did it not come through on the internal mail.

 

Ieuan

I recently sent out some belated thanks for donation messages. It was probably one of those.

If it was, then thanks again

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Thanks for the explanation bankFodder, I was a bit afraid it was phissing.

 

I am getting cold feet over the sending out of these 'In Dispute' letters. I read on the site someone writing that asking for a signed CCA under the consumer credit act 1974 was not valid because we could not demand a signed copy of the agreement. He said we should use the data protection act to get a signed copy.

 

I am also worried as I asked for a copy of the mortgage agreement and wonder if I used he right CCA. I used the one for s77 of the consumer act 1974. I am afraid to send of the threatening letter incase I do stop payments and it isn't the right form?

 

Can anyone help?

However on reading the Act i see it does refer to they should send a copy of a signed agreement:

1) The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1 £1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,

(a)

the total sum paid under the agreement by the debtor;

 

(b)

the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

 

©

the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

 

 

(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

 

(3) Subsection (1) does not apply to

(a)

an agreement under which no sum is, or will or may become, payable by the debtor, or

 

(b)

a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

 

 

(4) If the creditor under an agreement fails to comply with subsection (1)

(a)

he is not entitled, while the default continues, to enforce the agreement; and

 

(b)

if the default continues for one month he commits an offence.

 

 

(5) This section does not apply to a non-commercial

 

Ieuan

Edited by ieuanMr
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Hi Ieuan

 

I think that you will have to be a little tolerant when awaiting the CAA information because of the delays caused by the strike action at Royal Mail.

 

How tolerant will be up to you to decide.

 

I can only speak for myself but sending the 'dispute' letter is just the opening gambit.

 

They will reply with their usual tosh [unless they have actually supplied you with the real McCoy which whilst unlikely might happen!]

 

A couple more ping ponged letters and then they will probably begin the incessant phone calls,remote and automated, inter dispersed with 'real' calls if you have stopped making payments.

 

Next, it is more than likely that they will send a Notice of Default which might or might not be in the proper manner and/or format,followed by a notice to terminate the account.

 

Then it's letters and calls from their appointed debt collectors etc.

 

At every step you should be able to glean additional information from them which might be challengeable.

 

I'd also be sending out letters to those that haven't fully complied with your SAR's reminding them of their obligations.

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I've decided to give no further time to the banks or Santander. I will post the 'in dispute' letters this morning by recorded delivery. I shall in 9 days cancel the three direct debits. And should the ducuments not arrive by the 14th of this month apply to the court for damages from both parties. I will also report the offence to the OFT on that date.

If there is any harrasament by:

1. collection agencies

2. telphone calls

3. cancellation of account

4. transfer of the aledged debt to another party

 

I shall report to the regulating authorities.

 

I shall then have to decide how to proceed, via the county court for the full amount which will be considerable more than £70 000.00 in which case the bank may decide to go via the High Court in Cardiff in which case we would be scuppered unless I can get a solicitor to represent us as the fees are enormous. Or sue in job lots which I don't think is practicable. I may give the whole mess to the ombudsman and let him do all the work and then decide on what further action either via the ombudsman or the court.

 

Many thanks to everyone, it has been a busy month but out of it all has come these three legal and final letters, no more shilly shallowing not more asinine letters, now it is all legal stuff.

 

regards

 

Ieuan

Edited by ieuanMr
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I posted the two letters today and paid for a tracking letter, cost £5.00 each. I was advised by the Post office that the post code was wrong for NatWest's (even though I took it from their literature) registered address and they changed it for me. I sent copies of the original CCA and have given them 12 days to reply. My son went to the bank and cancelled the three direct debits.

It is just a waiting game now I suppose, the die is cast, I wonder what the future will hold?

I have started the same proces for HFC (Marbles Loans) and Barclay (The Woolwich). We got a telephone call today from a company looking to represent us for PPI. how they got our name and adress is puzzling.

I will be chasing up the SAR for FordXXXXXXXX soon, they have not even replied in 10 days.

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Received an offer from NatWest this morning regarding my complaint of the 11th September '09. I wrote and complained that the insurance was padded and at a premium of £29.66 was far too expensive for a modest 2 bedroom bungalow. I noted that the policy had been for 3 bedrooms where my son only has 2 and that he did not need contents insurance as his belonging were virtually worthless and that he did not need legal protection as he had no family.

My complaint was in three parts:

1. family legal element of £21.00/annum should be returned + int. at 8% from 3 July 2003 to our cancellation letter of the 11 Sept 09

2. the contents insurance should be returned for the term as it is completly unecessary. (our claim is that they have not shown due care and diligence to sell a product condusive to his financial situation)

3. Return the cancellation charge of one months notice.

 

We actually tried to cancel the policy by telephone a week or two earlier but they refused to take instrutions for this.

 

They have offered me the following:

1. a refund for the bedroom issue for £37.80 over 3 years as they did adjust their premium in 2005.

2. cancelletion refund of part 3 of our claim of £29.99

3. £30.00 for the inconvenience caused.

They have apologised and are sending my son a cheque to the value of £107.46. They allow me 8 weeks before the offer is taken as accepted on our part.

 

I am quite surprised at the offer for so little effort on my part, simply the cost of two letters, one telphone call and a couple of stamps.

 

I would ask the forum this?

Is my claims for a refund on the family legal element of £21.00 annum over 7 years reasonable? My case is that they spotted an individual in a weak financial situation and took advantage by loading up the products they sell because this home insurance was sold at the same time he increased his mortgage to £40 000.00. I believe they took advantage of his naivity and there is a case of 'undue influence' because of the nature of the increase in borrowing. My son did not want the increased mortgage offer to be jeopardised in any way. At this time he also joined the 'Advantage Gold Account'.

Take note that when my son cancelled the home insurance at £29.66/month they immediately offered a new deal on the insurance at £18.00/month...a saving of £11.66/month, the same month he opened his parachute account Barclay offered him home insurance of £14.00 month. So he has been paying an excess of £13.66 for 86 months a sum of £1174.76. My rough calculation of interest for this period is £85.33p.a. giving a total of £1260.00. this is not an excessive claim considering he has paid a total insurance bill of £2249.76 over the 86 moth period. On top of this there is the new consideration of restitutionary damages from the profits NatWest has made over the eyars. But how I will estimate these damages I have no idea.

 

I think that this would be a good exercise for me in taking my first claim to court with NatWest and gve me necessary experience in negotiations. I stil have the SAR to come in about 4 and I can glean more information from that. I have been reading Texanbar's case and have learned how to negotiate with the creditor and as the home insurance was under the consumer credit act I can use that legislation for my claim.

 

My wife thinks I am being mean spirited in not accepting their offer and that I may come unstuck but Texanbar's case was absolutely facinating and I would like to try this out. I shall write a return letter in due course and accept their offer as a part payment for our full claim but then give the permision to remove the amount from his account should they not agree.

 

I am taking Elsa's advice and moving this letter to a new thread as this thread is already loaded up with other claims, as the claims develop I will open a new and seperate thread to deal with them. I wonder if I am being wise in putting so much information on line, could not NatWest be reading all this?

 

My Small Claims lawpack came this morning and that will entail some reading, it was interesting to find that can do all my court claims over the interent and for that reason alone it has been worthwhile buying.

 

I will spend a week preparing my case with this insurance claim and use the relevent consumer protection regulations to make my case for my son.

 

Ieuan

p.s. I just realised I cannot copy and paste and now I can't transfer the claim.

Edited by ieuanMr
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