Vicky v Natwest

[cheddar]

Address to use on MCOL is:

REGISTERED ADDRESS: -

NATIONAL WESTMINSTER BANK PLC

135 BISHOPSGATE

LONDON

EC2M 3UR

 

Bank contact details are here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31052-contact-details-banks.html?garpg=15

 

And for info on getting your statements and what to do if you don't get them is detailed in Section 1 of the step-by-step guide here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html, take your time having a read thru the FAQs as well (link in my sig).

[vicki1977]

Please can someone help!!!

 

on my account i have just sent my mcol for i have an overdraft facilitie of £1000.00p at the moment i am in it £600.oop so i still have £400.00 to use. my husband left for blackpool at 4.00am this morning went to draw some cash out ready for the journey home and the bank wont let him it says contact your card issuer. can they just stop our overdraft like that???? all our money goes into that so we now are penniless with 2 children . tryed to set up another account and was unsucseesful due to credit scoring. help can they do this to me.!!!!???????

vicki:eek:

[vicki1977]

Please can anyone help. for this account (current acc) i ask for my bank statements by the usual letter on the 7th august. I wrote to them a reminder, i telephoned them after the 40 days were up and ive also sent the letter below giving then a further 7 days. well that was up last thursday!!!! Do i just give up now i only need my statements for 2000 to 2002! What do i do next.

Natwest

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (7th August 2006). The disclosure of personal data is incomplete in that at least the following documents are missing.

 

You have failed to provide a complete list of transactions and charges from 2000 to 2002

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully,

[kateandpete]

You need to file a court claim against them. There is a template for the particulars of claim here

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

 

Also double check that you've followed the procedure here

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

[vicki1977]

Thanks Kateandpete

 

Yes my letter was from the templates. I click on to the first link that you gave me the particulars of claim but i don't really understand it?? am i actuall claiming for money back on the claim or just claiming for my bank statements back i am realy lost as to what to do

 

thanks

vicki

[kateandpete]

You're just claiming your data. The money is a seperate issue.

 

You could also run off an LBA to Natwest with an estimated monetary claim. Make it clear that you have estimated is because they have failed to comply with their DPA disclosure obligations. Make a plausible argument from what you have / can remember. It's then up to them to disprove them. Personally, I would err on the generous side , but don't go crazy.

 

Then if they delay on the DPA, you can set the ball rolling with an estimated claim when their time runs out. If they then comply with the DPA you can amend your monetary claim (this will cost around £35, but you will get this back from them eventually).

[vicki1977]

Please help!!!!

 

Right i have two accounts with natwest one at the momment 288****9 is in the middle of money claim for £3000.00p. No worries with that one.

 

My other account 321***1* i had to wait along time for the statements to arrive which i now have. i sent natwest i letter asking for repayment of charges of £1005.00p and i got my replie today. They have offered me £500.00 Which i would take because 1. it would clear my overdraft up

2. xmas

3. my other claim of £3000.00

 

i want to accept this offer but im worried it will jeopradise my other claim. On the bottom of the letter it states

 

 

We accept the sum of £500.00 as a full and final settlement of all claims we have relating to charges.

 

.....................2006 .............................2006

 

That to me says that i will wipe out my claim for my other account which is in money claim stage???

 

Please please i'm stuck

 

thanks

vicki:confused:

[Deller]

I woulld phone the bank, S Higley, or wherever the letter was sent from and ask them if this offer only relates to the single account in question.

[vicki1977]

Yeah have done that this afternoon the man on the phone had to e-mail somebody to find out that information he said he will get back to me. Im not holding my breath though. i might just send a letter before action and see if they offer me any more money.

 

vicki

[Deller]

From my experience the offers do tend to go up as the claim progresses so might be a good call, I know you said you are desperate for the money for Xmas, but just remember, all that money is rightfully yours.

[kateandpete]

I can relate to your problem re xmas. But if there is any way you can refuse it and continue with the claims, then take it. If not, then not.

 

The decision is yours - either way don't let them ruin your xmas. i think we all know they're not worth it.

[vicki1977]

Thanks for all of your replies:)

 

We are in such a bad suituation at the moment that none of our d/d will be paid if we don't have this money and i will be so worried all over xmas we are right at the limit of our o/d so won't be able to get any money, as all of our monies go into the NatWest accounts.

 

anyway heard back from the bank from a Pete Lucus and he said that any settlement only relates to the account in question. I asked him if it would jeopardise my claim on my other account and he said, no it is soley for your account 3******5. So i signed the settlement and sent this letter with it.

 

1 December 2006

 

Dear Mr P Lucus

 

Case Ref: 4*****5

 

 

Following our conversation on the 30th November 2006, I now except the offer of £500.00 from the letter dated 28th November 2006. I asked you whether this claim would jeopardise my claim on my account 2******9/6****1. Because if it did I would not except your offer, but you told me that each account is dealt with separately and the settlement is solely to your account 3******5/6****6. So on these terms I will settle. I have signed the letter dated 28th November 2006 and it is enclosed. I will wait for the money to go into my account. Thank you.

 

 

 

Since i have sent that my friend whom is claiming back charges using the bank shell website said that i have f**ked up by doing this and that they might cancel all my claims??? anybody got any answers to that? as i now even more worried/

 

thanks

vicki:sad:

[vicki1977]

I think i have balls my claim up.!!!!!!!

 

Had the defendants file statement and in there one bit said"

 

The defendant is embarrassed by the lack of particularity pleaded in the particulars of claim to the extent that the particulars of claim fail to disclose reasonable grounds for bringing a claim against the defendant. In particular:

The particulars of claim set out no facts indicating what the claim is about, are incoherent and do not disclose any legally recognisable claim against the defendant

 

the defendant invites the claimant to remedy the above. In the event that the claimant fails to do so within 14 days of the service of the defence then the defendant will apply to the court for an order striking out the particulars of claim

 

The defendant reserves the right to plead further to thye particulars of claim once and if the claimant properly particularises the same. In the meantime, it is denied that the claiment is entitled to the relief claimed or any relief whether as pleaded or at all.

 

 

 

 

 

So i spoke to my friend who was at the same point and he said it was all legal rubbish that i did not have to replie.

 

in the meantime sent my questionnare back and then today had a copy of theres back and this is what it saidin the other information bit:

 

 

Pursuant to CPR Part 3.4 (2) (a), the defendant would ask the court to strike out the claim. The claiment has not shown that she has reasonable grounds for bringing the claim and despite the defendent requesting that the claiment remedy the lack of particularity pleaded in the particulars of claim within 14 days, the claiment has failed to do so. The defendant therefore respectfully requests that the claim be struck out.

 

 

This means i have lost doesn't it!!!

This was my particulars of claim

 

The claimant claims the repayment of unlawful bank charges for the period 06/03/2001 to 30/06/2006, amounting to £2252.00p for unpaid direct debits, card misuse, charges and referral charges. The claimant also claims interest on this amount under section 69 of the county courts act 1984 at the rate of 8 % per year from the first charge to the last charge, amounting to £479.40p. Interest will be payable up to the date of judgement or earlier if money is repaid at the daily rate of 8%. Also the claimant seeks An award of £200.00 for distress and inconvenience.

 

 

Can anybody help

[johnwilsonstorey]

Dont worry, Cobblers replied in exactly the same way to myself and many others. However it does seem that you are deviating from the template letters and in particular the one for the POC.

I am afraid that I am not in a position to advise you but I can give you encouragement not to give up and correct your claim I am sure one of the moderators/site helpers who know far more than me will help.

In the meantime could your Husbands wages be paid in cash to you or at the very least have them paid into a friends account where NW cant get their gready hands on them

[The cobbett slayer]

Hi Vicky

 

What JWS has said would appear to be correct. Did you use the template for the MCOL. It is legally sound and they can be as embarrassed as they like - the facts are there.

 

Can you post on here exactly what you put on your POC. The good news is you can still correct it, as they have invited you to do. The bad news is it will cost you £35 that you cannot recover. What concerns me most is the use of the word "incoherent". It basically says you have made no sense at all.

 

Pop your POC on here and I'll be around to have a look at it later. If I'm not, someone else will.

 

Paul

[vicki1977]

This was my particulars of claim

 

The claimant claims the repayment of unlawful bank charges for the period 06/03/2001 to 30/06/2006, amounting to £2252.00p for unpaid direct debits, card misuse, charges and referral charges. The claimant also claims interest on this amount under section 69 of the county courts act 1984 at the rate of 8 % per year from the first charge to the last charge, amounting to £479.40p. Interest will be payable up to the date of judgement or earlier if money is repaid at the daily rate of 8%. Also the claimant seeks An award of £200.00 for distress and inconvenience

[vicki1977]

had a letter today and the court have given me a court date of the 18th of jan 2007. Does this mean it will not be struck out?

[The cobbett slayer]

Vicky

 

The problem is that your POC doesn't give any of the legal basis for bringing the claim. You will need tp file an amended POC. There is a wording for it in the templates library which includes the statutes under which penalty charges are unlawful. It will cost you £35 which you cannot recover.

 

You need to do this as soon as possible as I suspect the hearing on 18th January will be to hear their application to strike out the claim. It's too soon to be a full hearing for your claim and theres a lot more to go through before you get as far as court.

 

Paul

[Michael Browne]

With regard to the N244 -

Top left hand box:

1. Tick c), without a hearing

Leave the rest blank

 

Part A

intend to apply for an order that:

amends my particulars of claim

 

because:

my particulars of claim did not state the statutory provisions on which my claim relies,

 

Part B

Tick evidence in part c

 

Part C

Please find attached to this application my proposed new particulars of claim, amended to include the statutory provisions on which my claim relies , as well as a schedule of the amount claimed in respect of penalty charges levied by the defendant"

 

Send N244 + 3 N1 + 3 schedules + £35 fee to the court. They will send 2 back, 1 of which you serve/send to the defendants and confirm to the court that you have done so.

 

N1 PARTICULARS OF CLAIM

 

1. The Claimant [has] [had] an account (XXXX Account No) with the Defendant which was opened on or around Date [and closed on or around date]

 

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. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982.

6. Accordingly the Claimant claims:

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

b) Court costs;

c) Interest pursuant to S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgement or settlement at a daily rate of £0.xx.