cerisemercedes v Natwest

[cerisemercedes]

Have been looking at the site, and am going to claim back charges from the current account I had as I know I had over 6 charges a month, for going over my overdraft limit with dd/so or cheques which was £30 a time. I also had a charge of £28 a month if I was over the overdraft in that month (ie unarranged borrowing). Can I also claim this back??

Also, sorry for the questions but the account has been defaulted with a balance of over £500, which most of this is charges that have mounted up, can I do much about the default, noticed a S.A.R - (Subject Access Request) request.

Just need a bit of help, think this is brilliant to get own back on bank, I have previously worked for other banks and know how they like to stuff charges into us.

Also not being greedy or anything, but how far back can you make a claim for, I ahve got several accounts that went default in 2000 because of being out of work for over a year which would of started making charges back in 98, can I claim for any of this or just accept I am in debt with all of this.

thank you

[Warms]

I also had a charge of £28 a month if I was over the overdraft in that month (ie unarranged borrowing). Can I also claim this back??

Yes you can.

Also, sorry for the questions but the account has been defaulted with a balance of over £500, which most of this is charges that have mounted up, can I do much about the default, noticed a S.A.R - (Subject Access Request) request.

You can tell them you want the default removed. Haven't had to do that one myself, so I can't really help you with that one. I'm sure someone else can!

Also not being greedy or anything, but how far back can you make a claim for

6 years - but please read the FAQs about this!

thank you

You're welcome

[cerisemercedes]

Sent off for Data Protection request, and was suprised to recieve all my statements for the last 4 years in a week. I went through them and got the shock of my life. I did not realise it had mounted up to £2496. To top it off they had entered a Default against me which they charged me £30 for, and the balance now is £500 overdrawn, looking at the statement within the last two weeks before it was defaulted there was over £500 in charges, what a cheek they have to get snooty with me!!!

I have sent the Preliminary letter with a schedule of charges, and I will not be accepting a partial amount, they kept taking this money off me, which I was in floods of tears at beginning of year with them as they were taking the only money I had going into the account of Tax credits and Child benefit, which at the end of the day is money to help bring up my children.

Even though the account is defaulted they are still adding charges on to this day each month - can they do that???

Thank you for letting me have a moan, and I am really grateful to this website for letting me find out the truth.

[callumsgran]

Hi and welcome, how come you only have 4 yrs worth? have you only had the account that long? if you find freebird's thread there is a letter in there somewhere you can take into the bank so they cant use your money for necessities!

Sorry i cant be of more help to you!

[cerisemercedes]

Had a reply from Natwest today stating not paying charges back are fair, if you want to take us to court .......etc. Do I now have to wait for the rest of the 14 day deadline, or can I now send the letter before action.

 

Thank you for your help

 

cerisemerc

[alf]

hiya

 

no u can now send the lba you don't have to wait for the 14 days, good luck

[cerisemercedes]

Need some help again!!

I have had a really short and to the point letter from Higley, stating not going to pay anything back basically.

I know the next stage is to fill in the N1 claim form and take to court, which I am trying to fill in inbetween sorting kids out, I am stuck with what to do about claiming under SS7 and 13 of the data protection act and extra costs, as they have put a default against me and this is all due to bank charges, and since they defaulted me, I am still getting charged £28 a month, so can not set a proper figure as still mounting up.

Also do not understand about the 8% interest, to put on top of the claim, is this interest on what they have charged me already??

cerisemercedes

[cerisemercedes]

Sending N1 form into court today as finally figured out how to work out the interest, looked at the spreadsheet and maybe an idiot, can not figure out how to fill the details in on it, maybe because my head is mulch with all this working it out.

The one thing I am stuck on is what to do as default still not been removed on my account and do I make a claim for this on N1, as the charges are due to charges, balance £638 which £550 is bank charges the month before they defaulted the account. What do I do??? Need help asap as want to get N1 into court today.

cerisemercedes

[cerisemercedes]

I am having a very stressful time, want to get N1 in but am stuck with the spreadsheet, never been good at filling in spreadsheets and though it maybe simple to a lot of you I have no clue, which is stopping me sending in claim form.

I am owed £2569 and rising due to still charging once a month, but with interest is £2603.92. I do not know when to start charging the interest, is it when you have the first charge, and when do I work out the daily rate from - to, could really do with help asap.

Also noticed there has been another success story a woman in Bath where I live has an article in local paper today who has won after threatening with baliffs, well done whoever you are, I would like to win like everyone else and am very hopeful, I want the money for my children as after all it was Tax Credits and Child Benefit that was taken away from the account.

Thanks

Maria

[lesser1010]

you apply the interest from the date that the charge was applied.you have to do the charges individually.

[cerisemercedes]

Found out what I was doing wrong spreadsheet wise and have got the N1 claim ready to take into the court first thing on monday morning, I have worked out that the claim will be between £3,000 and £4,000 depending on what I can get awarded for damages as default due to these unlawful charges.

Just was wondering whether natwest always pay up or whether they have fighted and won anyone yet, and do they string it out for long, I would love to get this money in time for christmas, I don't think if I get, I keep thinking when am I going to get as there are so many successess. How many people have won against Natwest in Bath/Bristol area??

[orfoster]

Im from Taunton and i have won two cases against NatWest with a possible other one pending. No NatWest haven't gone to court with ANYONE yet, always paid up before court but it differs, sometimes they pay up quick and other times they drag.

[cerisemercedes]

Just realised something and need help, I was going to put in my claim form tomorrow but have missed off the interest they charged me for being overdrawn, do I get 8% interest back on these figures as well??

If so redo the spreadsheet time!!!

Thanks for any help, much appreciated.

Maria

[Shazzam]

Yes. If you use the spreedsheet it will automatically work it out on both the amount claimed and interest for being over drawn.

[cerisemercedes]

Put in N1 today for £2868, but also claimed for damages due to a default on my account because of the charges, the Bath County Court, think I have to make a seperate claim because the charges are a specified amount and the damages is unspecified, is this right and will this mess up my claim for my money.

Or is there another way around getting default removed.

Maria

[cerisemercedes]

Put N1 claim in on monday, just wanted to know do I get a letter from the court to acknowledge when it was sent to Natwest?? Also how long do I have to wait to know what is going to happen, is it 14 days or 28 days, when do I start counting the days from??

maria

[cerisemercedes]

I recieved the acknowledgement of service last week and the 28 days will be up on 22nd November, how long did it take from ackonwledgement before the ball kept rolling and people got there money, just wondering whether I will get this side of christmas.

I did have a problem with claim form N1 as court stated I could only do for a specified amount and I included asking for damages because they entered a default onto the account due to these charges, when this claim is over can I make a claim for damages and try to get the default removed, or is there another way of going about it.

Thanks for any help, much appreicated.

cerisemercedes

[Deller]

You don't seem to be too far behind me, in my case Cobbetts got their defence in right on the deadline (which seems to be the norm for them), the I received AQ a couple of days later. I'm just waiting now to see what happens next.

 

As for beeing paid out this side of Xmas your guess is as good as mine, lets hope so though, then we'll both be having a very Merry Xmas!!

[cerisemercedes]

Have recieved defence from cobbetts today which was the last day before I could of entered judgement, so really do like to leave things tight don't they! Have said in defence that did not particularise claim properly and could be striked out, is this just more scare tactics?? Also have asked for a case management conference, have not asked for CPR18 but do I just send a letter acknowledging defence and no need to give them more information with another copy of spreadsheet??

But, this is the good bit, also recieved a seperate letter today making me the first offer of £1,500 which I am not going to accept.

So someone please help me with what I need to do next.

cerisemercedes

[stan5131]

This is just a scar tactic of theirs. Its what they do to everyone. You need to write back to them advising that you sent a copy of the Schedule of charges twice to the bank and a copy to the courts. Enclose another copy for them and say that you find their comments to be nothing more than stalling tactics and intimidating.

[Allyxia]

agreed it is exactly what I had off them - hopefullyim going to start a new thread detailing allof cobblers scare tactics so other can just look them up on an index.

 

Dont worry

[cerisemercedes]

Have had defence from cobbetts, and recieved an offer of £1,500 which obviously sent a letter not accepting. I have rang cobbetts today to check they had recived the letter, but how useless I was put through to 4 different people, and still could not tell me if they had recieved it, only rang because I know that this is one of their stalling tactics.

I wanted to know how long it takes to recieve AQ after defence from cobbetts and how long the deadline is for AQ just trying to work out the timescale.

cerisemercedes

[Deller]

You should receive your AQ very soon after the defence and then you've got a couple of weeks to return it. Cobbetts usually return their copy at the end of the deadline so its entirely up to you how quickly you return yours!!

[cerisemercedes]

Been on phone to court yesterday as recieved defence from cobbetts on 20th November last monday, and have still not recieved an Allocation Questionnaire, I sent a reply to cobbetts to say was not accepting offer of £1,500 for £2860.30 and accepted recieving their defence.

The court says they are falling behind with all their paperwork, so not going to get this side of christmas am I, going to ring cobbetts today though as could not get a straight answer the other day as to whether they had recieved a letter from me.

[Deller]

I've noticed you keep starting new threads for each question, please try and keep all your posts in the same thread as it makes it easier for people to see your progress and offer advice on your circumstances!!