Tabernus V Natwest

[tabernus]

right have got copies of bank charges for one of my accounts (sent off for two but so far only got one) quite a fast response time (about 14days).

 

have done a bit of adding up and i rekkon they owe me £2,012.50

 

what next??

 

cheers

[uk_joe]

Hi Tabernus,

 

Welcome aboard!

 

Your next step (and should really be your first step!) is to read through the FAQ section of this site, in particular the step-by-step guide. This walks you through the whole process, from requesting your statements, to wording your court claim correctly. Have a look here for the FAQS: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

The templates section has useful letter and spreadsheet templates so you can work out any interest owed, as well as cataloging all your charges in an easy to read format.

 

Any questions not answered in the FAQ, please ask them here.

 

Cheers

Joe

[tabernus]

ok have done the advances excel sheet.

 

this shows that i have £62.95 in interest owed, as i understand it i now send the inital request for payment along with a copy of the spreadsheet.

 

is that right?

 

ta

[tabernus]

i've read the FAQ several times. it tells you to start a thread. so i did

 

i cant say its the clearest document i've ever come across but i'm trying (very trying )

 

i got the original template from here for my data protection letter for natwest

[tabernus]

Any questions not answered in the FAQ, please ask them here.

 

your faq link now tells me there are no posts in that forum

[uk_joe]

Not sure why it's showing no posts in that forum - try logging out and back in again. Some areas of the site require you to be logged in to view them.

 

The first letter you send is the preliminary request for payment, yes. Although you've worked out the 8% interest, you do not claim this until the case goes to court, if indeed it does get that far. So send the spreadsheet that lists all your charges, with their dates, but not the portion that calculates the interest.

 

Once you've done this, sit back and wait - most people hear back fairly quickly, although you should allow 14 days before sending the second letter back.

 

I notice you've said you're still waiting for the statements for your second account- you might want to think about claiming the charges back from both accounts at the same time, just to keep things simple. Unless of course you think the total amount you'll be claiming will be more then £5000 in which case it is advisable to keep claims below this amount.

 

Forgot to say, good luck

 

 

Cheers

Joe

[tabernus]

umm i didnt work out 8% i worked it out using the advanced spreadsheet.

 

should i not include the interest with this letter then?

[uk_joe]

Ah, sorry - I only claimed the 8% interest when I submitted the court claim, as it seemed too much trouble to work out the 29% interest (or whatever it is). In that case, yes include this interest in your prelim letter and spreadsheet when sending it off.

[tabernus]

nice one cheers

 

i'll wait and see if the other account sheets arrive and send them off together.

[tabernus]

this is a mental reminder to me that i posted the statement and second letter off to natwest today.

 

got my other bank account statements (in duplicate mostly) and worked out that account has about £1000 worth of charges.

 

will see what happens in 14 days

[tabernus]

so natwest have told me to sod off.

 

what do i do now?

[Lager_Lou]

Hiya,

 

Unsuprising that! Send them your Letter Before Action (find it in the library)

 

Good luck!

[tabernus]

i did that a week ago, thats what they have said sod off to.

[uk_joe]

Hi Tabernus,

 

If you've sent back both letters, and they have not settled your claim yet, then it is time to start court proceedings.

 

There are two routes you can go down here:

a) File your claim online via the www.moneyclaim.gov.uk website

b) File at your local court in person

 

a) is vertainly very convenient as you can do it all from your computer, however one of the shortfalls of doing it all online are that you are restricted in how much information you can submit to support your case.

 

b) Does mean going to your local court to pick up and file papers, but you can write as lot more information to support your case, as well as being able to submit spreadsheets of charges with your claim as well.

 

Have a look here at section 5, for a brief overview of each method: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

 

You may want to read through others cases to see how they have got on with each method.

[tabernus]

thankyou

 

is it particularly time critical? its just that i move house at the end of the month and it would be much better not to be in the middle of court proceedings.

 

is it ok to wait a month or should i start now?

[uk_joe]

No probs

 

I actually waited a month after sending my LBA to them as I was waiting to be paid so I could afford the court fees.

 

As long as you've given them sufficient opportunity to refund your charges (you have, with two letters), and forewarned them of your intent to begin court proceedings (you have, with your LBA), then you can file your court claim whenever is convenient for you to do so. So by all means, get your house move out the way before starting; it's not going to harm matters, and it will make things easier with all correspondence going to one address rather than moving in the middle of a court claim.

[tabernus]

right i'll think about it when we're moved then.

 

thankyoo

 

[tabernus]

right so after several upheavals i'm back with this.

 

and i've put in my court request.

 

not claiming for anything past last july cos thats when i did all the workings out and that was what i approached natwest with in the first place.

 

now we see what happens.

[Guest NATTIE]

I wish you had given them a further 7 day warning of court action but hey, it could be worse.

[tabernus]

their last letter said specifically 'take us to court'

 

so i did.

 

got the letter from northampton saying they have so many days to reply.

 

i'm not feeling very hopeful - i expect a defense, but then nothing is easy eh.

[tabernus]

got me letter saying Acknowledgement of Service has been filed - with a copy of their response.

 

no offers, as i suspected they intend to defend all of the claim, signed by Lynsey Burgoyne of Cobbets (they must be busy) like everyone elses.

 

I've spent the morning reading up on other peoples claims and going back through the zip file of court stuff and the court notes on the govt website.

 

as I understand it they now have 28 days to file their defense, I dont do anything until they do this and I hear more do I (apart from cramming up on the courts process)? Its after this that we get sent the AQ isnt it?

 

can someone just confirm that I wait to hear more before I do anything?

 

many thanks

 

J

[Deller]

You seem to everything in order here and seem to know exactly what you're doing. You are correct im thinling that it's a case of waiting for their defence to be submitted. All you can do in the meantime is what you're already doing by continuing to read up on the information and getting yourself prepared for the next stage.

[tabernus]

thankyou

[tabernus]

ok so now i have a response from natwest and it says briefly their defense and the CPR18 request for more info.

 

the copies from the court state that they want to dispense with the AQ ("unless the DJ orders otherwise"), which i wasnt expecting. i thought everyone had to do them.

 

what do i do now?? - i'm off to re read about cpr18's. i'm concerned i've done something wrong.

 

oh and also my court has been transferred from northampton to bristol!

 

cheers

 

Tab

 

their defense:

 

1. The POC do not disclose reasonable grounds for bringing a claim.

 

2. Any charges over 6 years old will be struck out.

 

3. No admission is made about what charges were brought.

 

4. The defendant must identify each charge + date + reason.

 

5. relates to proving the UCTA 1977.

 

6. relates to section 15 of the SGSA and proving it is relevant.

 

7. they reserve the right to plead later with regard to my claim for costs as it is 'not sufficiently particularised'.

 

8. CPR 18 request.

 

9. they reserve the right to amend the defense later.

 

10. they are not liable.

 

is this the standard letter?

[tabernus]

ok it looks like most people are sending back the refusal to complete the CPR18 request until its been ordered by the courts.

 

should i do this too? i was feeling very confident about it all up until now.

 

this letter

 

only problem is that the defence i recieved doesnt actually correlate with that letter.