bris girlie V Natwest

[Michael Browne]

This should fit:

 

Claimant has account (A/C No) with Defendant from (Date a/c opened)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00 = amount of charges claimed) taken by Defendant in charges over (X) years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of 1st charge) to (Date of filing claim) of (£0.00 =The interest in the 8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p = Amount of charges claimed x 0.00022).

[Michael Browne]

Human rights- no. Interest- yes.

 

Once you know your claim no. send 2 copies of your schedule to MCOL clearly marked with your claim no.

[Michael Browne]

Dear Mr Higley,

 

Thank you for your letter dated xx/xx/xx and settlement offer of £ XXX

 

I have aready filed a claim (Claim No: XXXX) in the small claims court and therefore I respectfully decline your offer of settlement.

 

I request, once again, that you return to me all charges imposed on this account, together with court costs and s69 8% interest now totalling £xxxx

 

Yours sincerely

[Michael Browne]

You could ask for standard disclosure:

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

[Michael Browne]

WOULD YOU AGREE!!!

 

Difficult not to, since I posted the letter originally!!! LOL

[Michael Browne]

Dear [named sender or Sirs]

 

 

Thank you for your letter dated xx/xx/xx

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, interest and court fees totalling £xxxx

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I trust this clarifies my position.

 

Yours faithfully

[Michael Browne]

Excellent!!

 

Please complete the bank survey.

 

See here for advice after settlement:

http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html

 

Congratulations. Enjoy the dosh!!!