Grant V Natwest

[chuck2001]

Hi Guys,

 

Just typed up the SARs for my parents ready to post today, anyone recommend sending it registered post.

 

Cheers Chuck

[texaspete100]

I have sent all of my documents by recorded delivery. You can track them on the royalmail website. That way you get to know when they were delivered and they can't tell you they haven't got them.

[chuck2001]

Cheers texaspete posting now, just got to hang out for all the statements to arrive then plough through them all.

 

Chuck

[chuck2001]

Well first bit of good news I suppose. Have checked the Royal Mail site and the SARs I sent yesterday has been signed for.

 

At least they have got it now, just have to play there waiting game.

 

Chuck

[chuck2001]

Well its been a little over 7 days now since Nat West recieved my SAR. Do you think I should make a phone call to chase up the process of my statements, if so is it Joyce I call? I sent the SAR to bishopsgate, or should I call the the Branch?

 

Cheers

 

Chuck

[chuck2001]

Well recieved first lot of statements yesterday, as others have stated came in a tatty brown envelope.

 

Well early indications show that between 2000-sept2003 total charges of nearly £1200. Just got to hold out for more recent statements to arrive.

 

Will prepare prelim letter.

 

 

Chuck

[chuck2001]

Just an update:-

 

Phoned up CMS today as still waiting for second lot of statements to be told by the nice lady on the phone that it is out of their hands as they are ordered from Leicester then sent to CMS then to me. She pointed out that this can take three weeks. I told her that the request I sent gave them 40 days and the deadline is the 2/10 and I will be contacting the Information Commissioner and lodging a non compliance to which she said she would take the necessary steps to get the statements by the deadline.

 

So hopefully will get them soon as Im twitching to get the prelim letter off.

 

Chuck

[chuck2001]

Well the 40 day deadline is now up should I now send the letter for non compliance to show I mean business even though they have assured me the remaining statements are on the way?

 

Think Ive just answered my own question really, sending off tomorrow.

 

Chuck

[chuck2001]

Well almost had to go to court for non compliance, but final statements arrived this morning. So now have the job of wading through them and to enter into spreadsheet then off with the prelim letter.

 

Phew at least now I feel I have something to do, a long road I know but will stick it out to the end. (Just like the Bandit)

 

Chuck

[chuck2001]

Hi guys, some help required here. Im claiming the bank charges back for the old man.

Ive been wading through the statements that finally arrived, everything was going fine until I hit 2004.

 

History:-

 

My dad was in a right state in 2004 and got help from the CCS to manage all his creditors this included his bank account which was overdrawn to his overdraft limit. They are still managing his finances to date making payments to all he owes.

 

Now my question is since CCS took over, his statements show credits of £7 - £10 per month but NatWest have been charging him the higher interest rate for still being over his limit now these payments are nowhere near meeting the charges on his account(unarranged/interest). The balance on his account was about £-1300.00 when his account was passed to Credit Management Services, he now owes over £-1800.00 so as long as they keep racking up the charges its going to take a life time to pay it off. Sorry gettin to the questions now.

 

1. Can he claim these charges back?

 

2. Can he also claim back the charge of £30 for a default notice.

 

 

I dont know much about the CSS but I would have thought that since the closure of my dads account the interest would have been frozen along with the charges as an aggreement was made for payment between the CSS and Natwest.

 

Anyway, any help appreciated guys.

 

 

Chuck

[chuck2001]

Bump

[cheddar]

I would have thought that when you go through the CCCS interest would be frozen as well, i am sure someone can help soon.

[chuck2001]

Well just an update, Prelim letter sent today so let battle commence.

 

 

Chuck

[chuck2001]

Well yet another update.

 

Recieved reply from the prelim letter, basically telling me to sod off.

 

I like the way that in the second paragraph Mr Higley says " We believe our charges are fair, reasonable and transparent". Then states in another paragraph " the bank is under no obligation to explain how its charges are calculated and we are not prepared to enter into any correspondence on this matter. The compilation is a confidential commercial matter". So much for tranparency.

 

Anyway can I now send LBA, or do I have to wait for prelim to expire? (7/11/06)

 

 

Cheers

 

 

Chuck

[Michael Browne]

Most people wait, some don't without seeming to adversely affect their claim. So far. Your choice.

[chuck2001]

Cheers for reply Michael, will give it a few days then send it off.

 

One other question if I may, are there any advantages of using money claim rather than the N1 form.

 

Think I would prefer to use the N1 as you have more scope for details about claim plus court is very local.

 

 

chuck

[Michael Browne]

Think I would prefer to use the N1 as you have more scope for details about claim plus court is very local.

 

 

Plus you can attache your schedule of charges, don't have to wait for transfer to your local court, court staff will check your N1 and you have the opportunity to ask any questions. Court staff are generally very helpful . The only real advantages to MCOL are convenience and you can follow progress of acknowledgement and defence on-line. But you can always phone the court to find out the current position

[chuck2001]

Cheers again Michael for reply, N1 it is then.

 

 

Chuck

[chuck2001]

Well yet another update.

 

LBA sent today, let the games commence.

 

 

Chuck

[chuck2001]

Another update.

 

Recieved response today for LBA sent on 8.11.06. Standard reply "Will inform legal/litigation dept bla bla.

 

Onto completing N1 form ready for the 23.11.06. Probably need some help on this guys, seen the template in the library but doesn't give details on brief description of claim. Also my parents can't remember when account was opened but suppose that could be a simple phone call.

 

Cheers for any advice guys.

 

 

Chuck

 

PS dont know why my signature isnt displayed anymore??

[Michael Browne]

Brief Details: The claimant has a bank account with the. The defendant deducted from the account various amounts of money in penalty charges. The claimant contends that these charges were legally unenforceable and the claimant is demanding the repayment of money.

[chuck2001]

Cheers for reply Michael typing up N1 ready for hand delivery to court on the 23.11.06.

 

I take it when I lodge my claim I now use page two of schedule of charges which includes the 8% interest on interest & charges?

[Deller]

Yes, if you're now at the stage of filing your claim you do use page two of your schedule and claim the 8% interest pursuant to section 69 County Courts Act 1984.

[chuck2001]

Ok guys just a little advice on the claim.

 

On the N1 form, page two poc, the amount I enter for charges is for charges only no interest?

(5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £2280.00 and any interest charged thereon) and on page one amount of claim is total charges (2280) plus interest (541.18) but not the 8%.

 

Cheers for replies, sorry if I appear a bit dense but obviously want to get it right.

 

On another note will be popping down to local court for tour today and to arrange to sit in on small claims proceeding just to get a feel for things if it goes all the way.

 

Chuck

[Deller]

If you're at the stage of filing your claim then this is the point where you can now claim the 8% so should be included in you poc.

 

Take a look at the template for filling out N1 Form.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html