Well on my way!

[ellisn]

So I have done my DPA letter - got my statements again like most people in a tatty brown envelope that the Post Office had to reseal cos it had come open but at least I got the 6 years I asked for in one go. Worked out NW owe me £5196 and sent my prelim letter off on Tuesday of this week. Recieved a letter (pretty quick me thinks) telling me to go fish!!!!!!!! Now I have read a few threads that say you should wait for the full 14 days before sending the LBA BUT to me they have replied, albeit to tell me to go fish, therefore I dont think I need to wait the 14 days before sending. So I have drafted the letter - with another copy of the charges breakdown and I am about to send this off. If it keeps going this quick I may get my money in time for Xmas, so what started off as my kids going without now means that I may be able to buy them the toys "that their mates have".

[Michael Browne]

So you've allowed them 4 days, if you do the same between the LBA and moneyclaim, the bank could claim that you haven't allowed a reasonable time and the judge may very well agree. Plus a claim over £5000 could be allocated to fast track where you risk defence costs of £750.

Hope you know what you're doing.

[ellisn]

But surely the whole Idea of the prelim letter is to get them to reply! and they have 14 days to reply which they have done. It appears from some other threads that I have read that the bank is getting quicker at telling you to bog off as it is just a standard letter that they are sending out. NW have said in their letter that they hope I will reconsider my view on legal action but if I dont then send any Proceedings to their Registered Office.

 

To me that means they are standing by their position of not giving in to my demands.

 

Any advice is greatly recieved, but with so much information and differing threads on this subject of wait or no wait it is hard to know exactly what to do.

[Michael Browne]

The 14 day timescales are deliberate so that should it ever get to court (unlikely I know, although as it happens NatWest did on 1 occasion and won) you can show you have given the bank a reasonable time to settle and that you are going to court as a last resort

 

There are a few words of warning here:

http://www.consumeractiongroup.co.uk/forum/abbey-bank/announcement-center-bankfodder-very-sick.html

[NedKelly63]

Ellisn,

 

You sent the prelim letter and gave them 14 days to respond.

They responded in 4 days. Cool.

 

Next Step - send the LBA now and give them 14 days to respond.

 

You do not have to wait 14 days between the reply from Natwest to your preliminary letter and sending the LBA.

 

Good Luck,

 

Ned

[Michael Browne]

Ellisn,

 

You sent the prelim letter and gave them 14 days to respond.

They responded in 4 days. Cool.

 

Next Step - send the LBA now and give them 14 days to respond.

 

You do not have to wait 14 days between the reply from NatWest to your preliminary letter and sending the LBA.

 

Good Luck,

 

Ned

 

Ah, definitive advice from someone who so far has only sent the DPA request, but didn't enclose the £10 fee.

[ellisn]

again conflicting advice!!!!!!!! I have read re-read and re-read the FAQs and other peoples threads, I am even reciting the FAQs in my sleep! But it is still not clear - as it happens I havent sent the LBA letter today (son wont get dressed to go to Post Box) but I am even more confused than I was before...........

 

Any other suggestions

[Michael Browne]

Three choices:

1. Send the LBA now

2. Wait until the 14th day

3. Wait for a third opinion.

[ellisn]

Michelle thank you.........i know exactly what are you sayin - If I send the LBA letter so soon then it can be forseen that I am not giving them enough time to reply but they did reply - I think what I will do is give it till mid week next week and if nothing else recieved then I will send the LBA letter - mid way point of the 14 days.

 

They clearly dont want to give me back my money and it is over £5k which is quite a substantial amount to anybody even the bank! But I have come this far and I aint backing out now despite what they say in their letter.

[Michael Browne]

No one is saying that you will get your money only by following the forum guidelines, but the fact is that it works and if it works don't fix it.

 

If you start cutting a corner here and there, sooner or later you could make a major mistake, which could cause delay and more important cost you money.

 

Anyway good luck with your claim.