bexsy64 v Nat West

[bexsy64]

The story so far:

 

Oct 2000: opened Nat West joint account

July 2006: found out about reclaiming bank charges (excellent timing as account just coming up to 6 years old!)

Sept 2006: trawled through statements, finding £965 of charges to date.

04.09.06: sent preliminary letter together with schedule of charges to Nat West registered office at 135 Bishopsgate.

08.09.06: received standard reply saying that all charges were fair and would stand - no refund would be given.

11.09.06: letter before action sent recorded delivery.

 

anticipating court to be the next step - any advice gratefully received!

[nagumos]

Hello... Give them 14 days from the 11th, thats when you sent the LBA, they might reply with the standard bog off letter, they may not even reply at all. After the 14 days, you go to moneyclaim on line. Once you have done this moneyclaim will write to you informing you of the progress. Snatchwest get served my papers today, then they have 28 days to file an aknowledgement.

Its all about patiently waiting, I know its hard as they never wait to take money of you.

[bexsy64]

2nd letter received from N.W. today (the reply to my lba). Standard response, as before. Now waiting until the 15th day to start moneyclaim.

[Warms]

2nd letter received from N.W. today (the reply to my lba). Standard response, as before. Now waiting until the 15th day to start moneyclaim.

You don't have to wait as they made clear they're not going to pay. You can start moneyclaim now.

Good luck

[bexsy64]

Hi there,

 

Starting moneyclaim now, but don't know what to put in 'particulars of claim'. Please help!

[orfoster]

Claimant has account (A/C No-sort code) 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).

 

good luck.

[bexsy64]

Hi everyone,

 

Thank you for all your advice. Claim now lodged with MCOL.

Feeling good apart from the fact that the claim cost me £120 and I have had to put it on my credit card!

[Shelty]

Hi Bexsy,

I did my MCOL last week, so you're a couple of days behind me. Don't worry about the court fee, I'm told we get that back when we win. I found it ironic paying my court fee with a NatWest cc !!

 

Good luck !

[bexsy64]

Hi there,

 

Have received an Acknowledgment of Service signed by Cobbetts, stating that they 'intend to defend all of this claim'. Do I just wait to see what happens next, or should I be doing something else now?

[uk_joe]

Just wait and see what happens.

 

By filing their acknowledgement, Cobbetts have given themselves a further 14 days in which to file the defence with the court. Typically they leave this till the last minute anyway, so 28 (calendar) days after the date of service of your claim, they should have sent you a copy of their defence. Shortly after that, you will receive another copy of their defence from the court as well as your alocation questionnairre - assuming they haven't settled with you before then!

 

Keep us posted.

[carolyndawber]

hi bexsy sounds like alot of us at same stage with cobbetts. think i have bout 10 days left for my 28 days to run out, will have to check. good luck

[bexsy64]

I have about 20 days to go I think - in the meantime I'll be watching your progress with interest!