Amanda v Natwest

[Don4071]

I received 6 years worth of statements today from Nat West - but I'm completely confused. Here is my scernario and I hope I don't confuse you all.

To put you in the picture, I have a small overdraft facility with NW.

The charges that appear on my bank statements are:

charges for unpaid D/D, Chqs and S/O - I know I can request the payments to be refunded.

Then I have appeared to be charged interest for using my authorised overdraft. Furthermore the term 'Charges' have been applied in the months that I used my overdraft but did not go over it which, as there's no additional narrative on the statment, I would assume is a charge for using my authorised overdraft. In addition a charge for going over my authorised overdraft termed 'Referal Fee Month' has been applied- again, I believe I can request for these payments to be refunded.

My question is two fold.

Does any other Natwest customers have charges for using their approved overdraft?

Could I request for this charge to be refunded? In my mind I'm thinking regardless of the reason for the charge, I should be able to include this in my request for refund.

One further question, as I'm hazy about interest I'm not sure if this can be asked back aswell. Again I feel I should be able to

I'm also battling with Capital 1 and The Woolwich - but these ones are straight forward enought - just Nat West giving me a headache.

I can't believe how blase I have been about Nat West charges to the point that I just didn't see them anymore, or be curious about the reason for the charge. Big lesson learned. Answers the question I've been asking myself for years - Where the bloodly hell is all my money going?

Anyhow, I've digressed. If anybody knows about included charges that the bank has applied for using their overdraw can be included on their request for re-payment I would appreciate a nudge in the right direction.

[Guest NATTIE]

Read the link at the bottom of my posts and you will understand it all. The Advantage Gold link should help.

 

The question I didn't answer was whether there is a charge for an overdraft. That is NO

[Don4071]

Ok. Eventually got my head around what to ask back and importantly what not!.

 

Had a very perculiar telephone call from NatWest upon receipt of my preliminary letter. This lady from my branch telephoned to say she had been asked to check my figures and would need to request copy statements, but to save time, could I send her the ones I had!

 

Eh - no way was my response, however now I keep getting copy statements sent through to me - instead of my branch! - God help us.

 

I did give them a bit more time than the normal 14 days - given that the lady was having to order copy statements to check my figures (blimey hope they're right) but now don't see why I should wait any longer and today sent my LBA & schedule again.

 

My questions is the extra week I gave shouldn't hurt the process - should it?

 

I would presume that the branch have now got the copy statements, even though they haven't responsded and there shouldn't really be any further delays.

[Don4071]

Hi All

 

Had a response back from NatWest following LBA letter.

 

Essentially I'm asking for £2,714 in unlawful charges to be refunded, and today received standard letter from my branch, offering £720 - as a gesture of goodwill etc etc.

 

I'm planning to send them a letter accepting this amount as an intrim payment - but seeking the remaining balance via county court should they not respond by 31st October (14 days since LBA letter).

 

Letter I'm sending below:

 

Dear Ms Jelfs,

 

Account Number – xxxxxxx Sort Code – xx-xx-xx Response to settlement offer.

 

Thank you for your letter dated 24th October 2006.

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account from 22nd February 2001, totalling £2,714.

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

My letter before action sent previously indicates that you have until 31t October 2006 to respond before Court action commences. You are reminded that there will be no extension to this timescale.

 

I trust this clarifies my position.

 

Yours faithfully,

 

 

 

Mrs

Encl. – Schedule of Charges.

 

 

And if by 31st October I'm not in receipt of full amount I'll then proceed with County Court Claim.

 

Just checking these are the correct steps to take???

 

Mny thanks - Amanda

[Deller]

All sees to be in good order to me!!

 

What I find amazing is these good will gestures, how do they come up with these figures, I think they just make them up.

[Don4071]

k. Off down to local courts today to submitt my claim against NatWest.

 

All sees to be in good order to me!!

 

What I find amazing is these good will gestures, how do they come up with these figures, I think they just make them up.

 

Was wondering that myself - anyone shed any light on how banks calculate how much they offer you back:confused:

[Don4071]

Hi all again,

 

Morning post just arrived. Letter from NatWest upping their offer to £1344 - even though they've done nothing wrong etc etc.

 

Makes you chuckle doesn't it.!

[Deller]

Goes back to my last comment really, how do they come up with these figures??

 

And yes, you have to laugh, they've done nothing wrong but are willing to give you money!! :lol:

[Mupster]

Hi Amanda,

 

Are you still going to submit your claim in the courts? (I'm just about to send my preliminary letter to our friends at NatWest so am interested in how you get on!)

 

Thanks

[Don4071]

Hiya Mupster

 

Yes still going ahead with my claim in the courts. Did momentarily contemplate accepting their offer - but then realised I woud have to spend it all on medication/physicatric treatment that I'm clearly in dire need of for accepting it!!

 

Good luck with yours....I'm sure you'll be fine.

[Mupster]

Hiya,

 

Good for you!! Keep on at them - I'm adding up my charges tonight - can't even begin to imagine how much they will be.

 

Are you replying to the letter you received today then? I presume it will be in similar context to the one you sent declining their first offer.

 

Keep at 'em Amanda!

 

Mupster

[Don4071]

Need some help working this one out...

 

Basically, received a letter today from NatWest (Stuart Higley) stating.....'we prefer to resolve matters with your direct and as an exceptional matter, have agreed to meet your claim in full, exclusive of interest. Payment to be made to your account. Please sign form etc etc'

IS THIS A NEW TACTIC FROM BANKS???? I wasn't expecting this, instead was preparing myself for Cobberts and their stunts.

 

My initial thoughts were that the fact I had 'a leg to stand on' in claiming back unlawful bank charges was a bonus, but to be able to add interest was a double bonus. The interest in my case is around £850(ish).

 

I would be simply happy with having all the charges that I have incurred over the last 6 years back and expect NatWest to cover the Court costs as they were given sufficient warning that I would pursue this via the Court, at their expense.

 

Had NatWest refused my claim completely, I would continued pursing for the whole amount + interest + court costs - but now not too sure what course of action to take.

 

Any opions or advice great received - please!

[ataction]

Well it is your call. They obviously prefer to pay with no interest. Look at it this way they have had your money for (6 years) earning interest on it, and you have been deprived of it. They have conceded the charges suggests they will not have a defence on the interest. But you may wish to just move on and accept the payment, I guess it depends on your personal circumstances, and your view on continuing the process....

[Don4071]

Well it is your call. They obviously prefer to pay with no interest. Look at it this way they have had your money for (6 years) earning interest on it, and you have been deprived of it. They have conceded the charges suggests they will not have a defence on the interest. But you may wish to just move on and accept the payment, I guess it depends on your personal circumstances, and your view on continuing the process....

 

Good point - hadn't thought about them depriving me of the money for the last 6 years. Suppose what you're saying is right, in so far as they've obviously been capitalising on my money for xx years.

 

Just initially thought that if I turned down their offer, it would add to their defence that somehow I was screwing them out of money - which before your say it I know is ironic!

[Don4071]

Ok Drafted my response ltr to NatWest - any thoughts or suggestions????

 

Mr. Stuart Higley Customer Relations

NatWest

Ground Floor

Naional Westminister House

225 Shenley Road

Borehamwood

WD6 1TE

Dear Mr Higley

 

Account Number – xxx Sort Code – xxx Response to settlement offer.

 

Thank you for your letter dated 3rd November 2006 which I received on 8th November 2006.

As mentioned previously in my letter dated 26th October 2006 and previous letters (17/10/06 & 27/09/06) to xyz Branch, I intended to file for a claim with my local County Court on 31st October, for the full amount of £££££. Furthermore, failure to respond positively to my request before 31st October 2006 would result in a court claim for the total amount owing, plus interest and costs.

Accordingly, the claim was filed with County Court on 3rd November 2006 and therefore I am disinclined to accept the offer of £££££ made in your letter,

I trust this clarifies my position.

 

[Guest NATTIE]

I have not heard of this as a new tactic to offer a full refund of charges without interest, but hey you must do what you feel you must do.

[arlenphoto]

a few words and figures to inspire you! i just recieved a cheque from NatWest for £1029.39 which is a full settlement(interest and court fees) am on cloud 9! keep going, you will get there in the end!

i got this less than 1 week after filling in and submitting the online money claim forms! it is chucking it down but am going to skip to the bank and deposit my cheque!!!

[Don4071]

a few words and figures to inspire you! i just recieved a cheque from NatWest for £1029.39 which is a full settlement(interest and court fees) am on cloud 9! keep going, you will get there in the end!

i got this less than 1 week after filling in and submitting the online money claim forms! it is chucking it down but am going to skip to the bank and deposit my cheque!!!

 

 

Ta for the words of inspiration....think I'll plough on with claiming interest & costs.

 

See what happens next .....

[Don4071]

Natwest have not acknowledge the claim. Filed for judgement today.

[Don4071]

Ok. Natwest have filed an 'Acknowledgment', (late, of course) so now got to wait until 1st December for defence.

 

Keenly awaiting cobbertts and their stunts.

[Don4071]

Hi all,

 

Cobbetts have sent me a copy of their defence - dated 4th Dec:-

 

1. The Defence is filed and served without prejudice to the Defendant's case that the Particulars of Claim do not disclose reasonable grounds for bringing a claim against the Claimant to recover the bank charges (and interest thereon) referred to in the Particulars of claim or any other sum(s). In event that the Claimant does not properly particularise her claim then the Defendent will apply to strike out the claim and/or for summary judgement in respect of the same.

 

2. On allocation the Defendant invites the court to direct that there be a case management conference in order for the court to consider the making of appropriate orders to the give the Claimanant the opportunity to properly partculaise her claim.

 

3. No admissions are made as to what charges have been debited to the Claimant bank account.

 

4. In relation to the allegations that the contractual provsions pursuant to which the charges have been applied are unenforcable by virtue of the Unfair Contract Terms Act 1977 (UCTA 1977) and/or the Unfair Contract Terms in Consumer Regulations 1999 (The Regulation) and/or the common law, the Claimanant is required to identify:

 

4.1 (a) the section(s) of The Unfair Contract Terms Act, (b) the regulations of The Unfair Contract Terms in Consumer Regulations 1999 and © the principles of common law relied upn by the Claimant in alleging that the contractual provision(s) referred to are unenforcable; and

 

4.2 the contractual provision(s) that the Claimnant allege are invalid by reference to UCTA 1997 and/or the Regulations.

 

Until such time as these sections/regulations/provisions are identified the Defendant cannot (save as appears below) plead to the allegation referred to in paragraph 4 above. The Defendant therefore reserves its right to plead further to the allegation once (and if) the Claimant identifies the relevant contractual information.

 

5. Save as hereinbefore appears the Defendant joins issue with the Claimant on her claim(s) and defies that it is liable to the Claimant as alleged or at all.

 

Cobbertts have requested that I acknowledge receipt of their defence.

 

I'm sure I've seen this defence on other NatWest Claimants threads (can't find them now) - so I'm taking their comments as their standard response.

 

Right, so what I need to do now is acknowledge receipt of their defence and identify the sections under The Unfair Contract Terms Act, The Unfiar Contract Terms in Consumer Regtulations ande the principles of common law. Also the contractual provisions that I allege are invalid by reference to UCTA and/or the Regulations.

 

I'm sure I've come across (somewhere on this site) the appropriate response to Cobbertts - BUT CAN'T FIND IT NOW THAT I NEED IT!!

 

So any of you gurus out there who can help or point me in the right direction would be greatly appreciated.

 

Many thanks

[cheddar]

Originally Posted by bankfodder

However I am quite sure that even if you take extreme care you will still get these letters from Cobbett's and other solicitors.

 

Make no mistake that the banks are conducting sham litigation. If they were claimants they would be judged to be vexatious. Cobbett's strategy is impoverished and is designed to weed out the feint of heart and those who are not properly prepared.

 

I am quite sure that they are achieving quite a good rate of claims being abandoned people accepting reduced settlements.

 

If you received a letter from Cobbett's or other solicitor then my suggestion is that you should write your reply to the court and copy it out to Cobbett's. Do this particularly if you have already supplied the schedule of charges. You should make it very clear to the court that the bank has had full details of the claim on at least two previous occasions and that you are now supplying them with a further one.

 

Make it clear to the court that Cobbett's request is a standard letter which is being distributed to all claimants regardless of the way that their claim is constructed and that it is designed only to frustrate and to intimidate.

 

Copy the letter out to Cobbett's. Do not dignify them with a direct reply.

 

Don't worry too much -- you can be sure that by now the courts throughout the United Kingdom are well aware of what is going on and are deeply suspicious of the banks and their so-called legal representatives.

 

And this is what i sent to the court, don't dignify Cobbetts with a response, they have no right to ask for it, deal with the courts! lol!

 

I am writing to inform you that I have received a full defence from the defendant NatWest Bank Plc today **/**/2006.

 

I feel I have answered all the questions that the Defendants representatives appear to be asking and have sent the Defendant the full details of my claim on at least 2 occasions already.

 

I note that Cobbetts defence and requests seem to be based on a standard template being sent out to all claimants regardless of the way the Claimants claim is constructed and its only purpose appears to be to frustrate and intimidate.

 

Should the courts require any further information please do not hesitate to contact me using the contact details above.

[Don4071]

You're A Star....thanks Cheddar

[Don4071]

Small update....

 

Received letter from Cobbetts today saying goodwill gesture, done nothing wrong, no prospect of succeedig in court etc etc.

 

Offer is about 50% short. Me don't think so...

[Don4071]

Received Allocation Questionnaire from SMC - to be handed in by 28th December.

 

I'm ok(ish) filling it in but anyone got any advice about:-

 

Sending Cobbetts a copy?

Attaching correspondances (NatWest, Cobbertts & mind) with the AQ.

 

Also, I've read numerous threads where following submitting their AQ, a pre-court trial date has been set, and I'd rather avoid this (if this can be helped).

 

Do courts always do a pre-court trial or does it depend what information you put in the AQ?

 

If it does depend on what information I put on the AQ, any advice about what to state in order to avoid a pre-court trial would be greatly appreciated!!