jane V Natwest ***WON***

[jane641]

Hi,

 

Have been using this site for some time now and have asked a couple of questions in the past but thought I would start up a proper thread as I have a feeling I will need some help over the next few weeks!

 

I am currently in the position where I have sent off both prelim letter and LBA to Natwest.

I received the usual reply to prelim letter and so followed this with LBA. Deadline for them is tomorrow and have yet to hear so looks like I will be filing a claim tomorrow (as I expected anyway!)

 

Will fill you in as this progresses and I hope all your claims are going well.

 

Jane

 

 

Statements request: 29/5/06

Prelim sent: 23/7/06

LBA sent: 7/8/06

[jane641]

Hi,

 

I am trying to fill out money claim form and am a little stuck!

I am filling out the particulars of claim part and just wondered do I copy and paste the 'particluars of claim' bit in the step by step guide? i.e:

 

[IN THE ANYWHERE COUNTY COURT

 

BETWEEN

 

JOE BLOGGS CLAIMANT

 

And

 

GRABBBIT BANK LTD DEFENDANT

 

 

PARTICULARS OF CLAIM

 

 

1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ]

 

2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon;

 

b) a declaration from this honourable court that the term of the contract leading to the application of the charges is unenforceable;

 

c) Court costs;

 

d) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

I believe that the contents of these particulars of claim are true

 

 

Signed:

 

 

Date:

 

Obviously I can't sign it so do I delete this bit. Also there are too many characters for the section.

Secondly (sorry for all the questions) when I add the amount do I put the interest in with that now or add later on in form?

 

Thanks,

Jane

[jane641]

SOZ!

FOund the section I need in the templates library.

Appeared to have overlooked this!

[jane641]

Well, claim has now been put in through moneyclaim.

Time to sit back and wait!

 

Statements request: 29/5/06

Prelim sent: 23/7/06

LBA sent: 7/8/06

Claim made: 25/8/06 Amount £2472.75

[jane641]

I submitted my MCOL yesterday and am now worrying!!

I didn't add a list of all my charges with it as there was no place to put these.

Should I have done?

I have sent a statement of charges with both my prelim letter and my LBA, should I have attached it to this too and if so how?!

Thanks

[GrahamD]

Dont worry. There is no section to add the charges on MCOL as it is not necessary. As long as you have provided the bank with details of what you are charging - which you have done with both your prelim letter and LBA - you'll be fine.

 

Now its time to just sit back and wait.

 

Do keep us posted!

[jane641]

Thanks for reply.

 

I have just received another damn charge from bank (paypal's fault as they took out a payment from ebay twice by accident causing me to go over OD!). Does anyone know if I can add this onto the charges I am claiming?

[jane641]

Hi,

 

Thought I'd update you all.

Put in claim on 25th August. Received notice of issue from courts which said that claim was issued on 29th Aug and deemed to be served on 3rd Sept.

 

Yesterday I then recived an acknowledgment of service from the court dated on the front 31st Aug, but then on the actual 'acknowledment of service' from Cobbetts it was dated 30th Aug.

Which date do I count the 28 days from as I have so many dates!??

The form from the courts advises "28 days from the date of service of the claim form". Does this mean the 30th Aug which is the date Cobbetts have put?

Sorry if confusing, just wanted to make sure I have it right!!

 

Jane

[jane641]

Still waiting and not heard anything yet.

Have worked out that 28 days must be up on 27/9/06 so I can apply for judgment on 28/9.

I expect Cobbets will submit a defence at the last minute though, as usual!

[jane641]

Well, yesterday was deadline day for bank to submit a defence (as far as I could make out) so I have just tried to apply for judgment on MCOL but have not been allowed to.

I assume this either means the bank have filed a defence at the last minute or I got the date wrong by a day! I was not entirely sure whether it was yesterday or today anyway.

Will try to apply for judgment again tomorrow and also keep my eye on the post!

[gizmo111]

Well, yesterday was deadline day for bank to submit a defence (as far as I could make out) so I have just tried to apply for judgment on MCOL but have not been allowed to.

I assume this either means the bank have filed a defence at the last minute or I got the date wrong by a day! I was not entirely sure whether it was yesterday or today anyway.

Will try to apply for judgment again tomorrow and also keep my eye on the post!

 

I make it 1st October as 28 days from date claim was deemed to be served

[jane641]

Thanks gizmo111.

I was unsure of what date to use. Have read through loads of threads to see, but it appears lots of people get confused due to having so many different dates and the date that it is deemed to be served is always after the date it was actually served on!

Will try to apply for judgment on the 2nd Sept then.

Thanks

[jane641]

Well, have gone on to money claim today and there is no longer a link under 'judgment' for me to apply so I assume this means that a defence has been submitted??

I suppose I must wait for something to come in the post now. More waiting!

[gizmo111]

Well, have gone on to money claim today and there is no longer a link under 'judgment' for me to apply so I assume this means that a defence has been submitted??

I suppose I must wait for something to come in the post now. More waiting!

 

Nat west are great at filing defences on day 28

[jane641]

Well, I returned from work yesterday to find the defence from Cobbetts had arrived. It's very long but appears similar to others that I have read on here.

They are asking for CPR 18 (surprise surprise) and details of my claim (which I already sent to the bank on two occassions).

I will be sending them a letter today which I drafted from other threads which goes like this:

Dear Sir or Madam:

 

Claim No:

 

 

I Acknowledge the receipt of the defence posted on behalf of National Westminster Bank plc.

 

I anticipate that the claim will 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 I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. However, for clarity, I confirm the charges I am claiming were applied to the following account:

 

Account Name:

Account number:

Sort Code:

 

Please also find enclosed a breakdown of all charges I am claiming.

 

Yours sincerely

 

I also received my AQ from the courts this morning so it seems things are moving forward!

[kerriegeorge]

yeh it seems to be moving along as it should - good luck

[jane641]

Hi,

A couple more questions!

Does anyone know if we get the £100 back that we have to pay with the AQ?

Also, after I send off AQ what happens then? The Step-by-step instructions seem to stop there but I have read on other threads about the bank having so long to fill theirs out too - is this right? And if they don't do their's in that time what happens?

Thanks,

Jane

[gizmo111]

Hi,

A couple more questions!

Does anyone know if we get the £100 back that we have to pay with the AQ?

Also, after I send off AQ what happens then? The Step-by-step instructions seem to stop there but I have read on other threads about the bank having so long to fill theirs out too - is this right? And if they don't do their's in that time what happens?

Thanks,

Jane

 

Yes AFAIK we get it back - the bank have the same time as you to send back AQ - suspect if they don't reply then it gets struck out but am not sure on that.

[jane641]

Thanks.

What do you think is the best way to pay the AQ fee?

May sound silly but should I pay by cheque, cash (special delivery) or postal order?

If cheque who do I make it out to?

[gizmo111]

Thanks.

What do you think is the best way to pay the AQ fee?

May sound silly but should I pay by cheque, cash (special delivery) or postal order?

If cheque who do I make it out to?

 

I paid mine cheque to Bristol County Court and sent by normal post - the cheques showed up as cashed on online banking a few days later.

[kerriegeorge]

same here - paid to local county standard delivery cashed few days later x

[jane641]

OK thanks.

Have no money at the mo so will drop AQ off at court with a cheque on the deadline day (21st Oct).

Fingers crossed they settle in the mean time - yeah right!

[MadgeXXX]

Hello Jane,

 

I am following your thread with interest, you are further ahead than me, Nat West have until 26 Oct to file their defence. With so many standard letters flowing out you would think they would have a computer programme in place!

 

Good luck!

 

Madge

[jane641]

Thanks Madge and good luck with your claim.

 

New update - I received one of the standard letters from Cobbetts yesterday about my letter re the CPR 18 request. Was just saying that their client needs to know all the claims and what they are for yadda, yadda.

I sent a copy of the charges with this letter!!

Will leave it there though - I know I don't need to reply to them and refuse to get embroiled in to'ing and fro'ing as that's what they want!

[jane641]

Hi all,

HELP!!

I think I have made a big boo boo.

I have just been reading through some other threads and wanted something clarified. Does your charges for advantage gold account come out with your other charges?

I am an advantage gold customer and am confused about this.

On my statements each month I have a section which is called 'charges' and also 'interest' (due to overdraft). Now I know I can not claim back interest, but I added up all my 'charges' on my statements and this made my final sum which I am claiming.

What I am now worried about is that I added my advantage gold fees in to this too, which I know you can not claim for.

Does 'charges' include advantage gold fees aswell because on my monthly statements it does not itemise charges separately?

I always receive a letter from Natwest monthly informing me of what is going to be taken out the next month (ie interest and charges) and it usually just says "unarranged borrowing fees".

Can a mod or someone help? Have I added advantage gold fees in this or not? If I have what will happen?

I am now worried the court will throw out my claim or will take it all the way to court to argue this point!