Alex v Natwest

[Michael Browne]

Even without my first 15 entries I am owed £200 plus my £120 court fees.

 

What was the total claim for? £120 in court fees equates to a claim of over £1000 so did the 15 charges add up to £800?

[Alex Ball]

Hi Deller,

 

Sorry I did try to reply to my last post thinking it would go to the top of the threads again, but it didn't seem to hence my latest post.

 

My claim was for £720 plus £300 of interest charges, so I had to pay a £120 court fee.

 

In hindsight 15 of my claims which were in 2000 totalled approx. £500 of my £720 !.

 

I then got this advice from Westy, which I followed up with a letter to Cobblers stating I would accept £160 as an interim payment.

 

 

No, don't worry about the 15 entries. Write back to them rejecting the offer and accepting the £160 as an interim settlement only. They will withdraw the offer.

Include in your letter something along the lines of the following.

"You have stated in your letter that NatWest will not consider any claim over six years old, alleging that it is time barred under the Limitations Act 1980. I shall be claiming, under S.32 (1) (b) and © LA 1980 that NatWest has knowingly concealed the unlawful nature of its charges from its customers, and I was not aware of this fact until the last few months - nor could I, as a layperson, be expected to be so aware. I am therefore giving you this opportunity to reconsider your decision not to refund charges extending back beyond 30 October 2000."

 

FYI -

 

S.32(1)(b) relates to concealment of facts leading to the cause of action rather than concealment that the charges were unlawful. So you would need to establish that they concealed the the true cost of the services they were providing in relation to your breaches - and their standard 'our charges are fair, clear and transparent' sentence is probably an enormous help in doing so.

 

Hope that helps. If it does, click the scales!

 

Westy

 

I sent this letter on 8th Dec. and have heard nothing further. Do I wait ? Contact the courts ?.

 

Cheers

 

Alex

[alanfromderby]

JUST MERGED 8 THREADS!!

PLEASE KEEP YOUR PROGRESS/QUESTIONS TO THIS THREAD, OTHERWISE IT MAKES IT VERY DIFFICULT FOR PEOPLE TO GIVE ADVICE.

[Alex Ball]

Hi Alan,

 

Many thanks for this that is brilliant, and I promise to stick to this thread !. Have a great xmas too.

 

Just received my latest letter from Cobbetts this morning in the post and it states the following:- 'We refer to the above matter and enclose a copy of our clients Allocation Questionnaire which has today been filed at court'.

 

Ok what to I do now ?. The last thing I did was turn down the offer of £160 from Natwest but say I would accept that as an interim payment, and then they have come back with this.

 

This is literally there copy of the form that was filed to court on 20th Dec.

 

I welcome your advices out there on how I need to proceed from this, bearing in mind my issue with the first 15 entries as detailed a little earlier in this thread.

 

 

Rgds

 

 

Alex

[Deller]

You need do nothing for now Alex, now that yours and the defendants AQ's are in they will be passed on to the judge. It's just a case now of sitting back and waiting for the court to give directions.

 

If I were you I would forget about it all for a few days and have yourself a great Xmas.

 

If it's any help my claim was settled in full 15 days after the AQ deadline, so might not be too long for you to wait now.

[Alex Ball]

Great thanks Deller, I will look forward to some good news in the New Year then all being well !.

 

Have a great xmas too.

[Alex Ball]

Hi All,

 

Well christmas has come and gone, and still nothing from the courts !

 

The last I heard was from Cobblers when they stated they had filed the defence.

 

Do I still sit and wait to hear from the courts ?. When are Natwest likely to make an improved offer ?.

 

Getting impatient now with the waiting nut hopefully I shall hear something soon.

 

 

Alex

[natwesttookmymoney]

Hi, Alex

 

HNY

 

There may still be some hurdles to jump over but the general experience is that settlement with NatWest is reached 33 days after AQ. That could be more or less in your case - in some ways, I'm surprised they haven't settled already, given the size of your claim and the flurry of settlements before Christmas.

 

Just settle back, check all your docs to ensure you've done everything right and wait. The next move is theirs!

 

Best wishes

 

Westy

[Alex Ball]

Hi Westy,

 

They must read this thread because low and behold a letter through this weekend with a cheque for £273.98 as long as I withdraw my claim !.

 

That barely covers the court fee of £120.

 

Given my claim has been made on 15 entries that were in the 7th year, am I right to reply that this is unacceptable and hold out for my £711 ?.

 

They have even put on the cheque my name payable into account (then my old natwest account no) which I no longer have and cancelled about 8 months ago !.

 

Hopefully light at the end of the tunnel.

 

 

Alex

[Alex Ball]

Hi Anyone,

 

Would really appreciate some consumer support here ?.

 

I am doing the right thing yes in turning this latest offer down given my circumstances of the 15 x claims that are in year 7 ?.

 

Cheers

 

Alex

[Michael Browne]

I am doing the right thing yes in turning this latest offer down given my circumstances of the 15 x claims that are in year 7 ?.

 

Well you can certainly refuse their offer on the basis that it doesn't cover the 6 year charges + 8% interest + £120 court fee. (and of course that the cheque is for a closed a/c)

 

As regards the remaining £500 + interest, that depends on how strong your nerve is. Since you have previously refuted their contention that these charges are beyond the 6 year limitation due to their continued concealment of their true cost, personally I would call their bluff, tear up the cheque and send it back.

 

Ultimately, I'm afraid, the choice has to be yours.

 

Not sure whether that helps.

[Alex Ball]

Hi Michael,

 

Thanks for your feedback.

 

Yep that is what I believe, and therefore I would be a hypocrit to take the money and run.

 

I am in for the long haul and will stick to my guns.

 

Cheers

 

Alex;)

[Alex Ball]

Letter sent ! Keep the faith.

[Alex Ball]

After sending my letter I have today received my notice of allocation to the small claims track (hearing) in April.

 

Does this mean that Cobbets will now do nothing until the week before ?.

 

Quite funny though as my name is correct on all documentation except for the Order from the courts where they spelt my name wrong !.

 

Is it just a case of sitting and waiting further now, or do Cobbets start to pay out when we get to this stage ?.

 

Rgds

 

 

Alex

 

* I also have two friends on the trail of Natwest following my adventures, and between them they have over £5k of charges to claim back. Snowball effect continues !

[Alex Ball]

Turned 2 cheques down now, got my court date for early April and not heard from Cobbetts since my last letter dated end of January turning down the second cheque again.

 

Time is running out for one or both of us !.

 

Nerves of steel. Looking forward to my day in court.

[natwesttookmymoney]

Keep your nerves rust-free, good luck with it.

 

Adios