Charges Made Me O/drawn And Ate Up My Dss Benefits

[natwesttookmymoney]

Hi, add-enuff

There seem to be two distinct schools of thought on this.

1. If you have been in overdraft and have been paying interest, then you are entitled to reclaim it as a demonstrable loss.

2. The 8 per cent is the interest compensation.

3. (OK, there are three schools of thought - but I didn't expect the Spanish Inquisition:)) You can claim back the interest they have charged you and, on the basis of reciprocity, seek the interest rate they would charge you IN ADDITION, as it's unauthorised borrowing.

 

I personally incline to 1+2: claim back the interest you've been charged, and the 8 per cent statutory in addition.

On that basis, when you file your claim you add 8 per cent compounded, to each charge.

Hope I've explained that properly.

Westy

[natwesttookmymoney]

And yes, great news on everyone's claim. BBC's Money Programme dragged the banks over the steaming hot coals this evening. The lady from teh British Banking Association looked distinctly uncomfortable, I'm delighted to say.

Hurrah!

W

[add-enuff]

Thanks Westy I think I'll take your advice and carry on as that is how I read the info originally.

I saw the programme too, that woman was really scary esp' the green eyeshaddow...not that I want to demonize the poor thing..bless

Did you see the part where she said that charges were not penalties but service charges....just how is being charged into spiralling debt a service?

 

I don't think the banks will change their actions in any way at all, but you'd think they would at least reduce the charges to the estimated £2-4 that unpaid items etc may actually cost them, if only to reduce the number of refund claims, and to save face. I was suprised that hardly any 'manual interventions' are required due to high tech computer sysytems used....so why exactly are they charging us? Oh yeah I forgot....profits!!!

 

Toodle Pip

[add-enuff]

'evening all

 

Just a quick Q: I have to wait for DSS to send me a letter confirming I'm on benefit so I don't have to pay court costs to file the claim against Nat West. BUT it wont be here until after Xmas. Does it matter as this is longer than Nat West had to reply to my last letter (should have been last Thurs!)....

 

Anyway folks HAPPY CHRISTMAS AND A PROSEPEROUS NEW YEAR!!!

[natwesttookmymoney]

No, you set your own timetable.

 

If you have to wait a few days before filing your claim, wll, I can assure you that NatWest won't mind.....!

 

Have a great Christmas.

 

westy

[add-enuff]

Hi folks

 

The story so far:

 

Put the claim into the court 22 Dec 07

 

Date of issue to NAT WEST 11 Jan 07 so they have until 25 Jan to respond

 

Received 2 letters from Staurt Higley basically playing for time whilst they 'investigate'

 

Another £100 in charges taken from account which made me O/D again (and so the cycle repeats itself!)

 

Phoned by Nat West Loan Insurance dept' wanting to know if I'm still disabled and unable to work (I would have taken this as concern for my health and well being but for the sarky tone in the callers voice). Also call from Lending Dept threatening to withdraw my debit card as I went O/D when they deducted the charges I think I know where this will be heading...

 

Anyway how is everyone else getting on? Any sucess stories to keep us motivated?

 

Cheers & good luck to all

[muggins73]

Hi folks

 

The story so far:

 

Put the claim into the court 22 Dec 07

 

Date of issue to NAT WEST 11 Jan 07 so they have until 25 Jan to respond

 

Received 2 letters from Staurt Higley basically playing for time whilst they 'investigate'

 

Another £100 in charges taken from account which made me O/D again (and so the cycle repeats itself!)

 

Phoned by Nat West Loan Insurance dept' wanting to know if I'm still disabled and unable to work (I would have taken this as concern for my health and well being but for the sarky tone in the callers voice). Also call from Lending Dept threatening to withdraw my debit card as I went O/D when they deducted the charges I think I know where this will be heading...

 

Anyway how is everyone else getting on? Any sucess stories to keep us motivated?

 

Cheers & good luck to all

 

Hi there add-enuff,

 

Loadsa payouts today, infact. Natwest have a crater in their pockets this morning:D

 

I'm truely jealous but it wont be too long now, me thinks.

 

Buggers aren't they (Natwest, I mean not the lucky soles that have had settlements!). I've had to hand in all my cards, which is okay seeing as though I've got no money, and have had several weeks of automated and s**tfaced phone calls from the so-called 'customer care team'.

I sent them a lovely letter regarding harrassment and taken away their right to pass my details on to any third party, just incase they decide that they are going to default me. Shame the letter didn't include 'stick that in your pipe and smoke it'!!!!

 

We'll get through this, it can't all be bad. Hope that has cheered you up, anyways, one does try you know;)

[add-enuff]

Hiya Muggins

 

Yep, either NW have finally got the message and decided to pay up or (more likely) they are clearing the decks in preparation for the avalanche of claims coming their way after the recent publicity about them ripping off their customers. Ah my heart bleeds for 'em I like the idea of your letter re' 'harrassment' and passing your details to a third party. I hadn't thought of that, but will prob' mention it when contact me.

 

,I was just reading the Notice of Issue from the court. Do I have to do anything now, or do I just wait for NW to file the usual defence? Don't want to make any mistakes after all this time.

 

Congratulations to all of you who have received your money, your sucess stories keep me going and spur me on.

[JonCris]

Set your clock

 

Allow 5 days from the notice of issue for service followed by 14 days for them to acknowledge followed by a further 14 days for them to defend failing either of which you can apply for summary judgment.

[muggins73]

Bit of a waiting game now, I'm afraid...just like cat and mouse.

 

I concur wot Joncris has advised. Be aware that you may receive a copy of Natwests Defence (if they bother) before the court. In it Cobbetts may ask you to do something, say like, 'particularise your claim', DONT PANIC.

Wait for the court, they will advise you of what is to be expected, not Cobbetts.

Either way let us know how it all progressess.

[add-enuff]

Thanks for the advice folks, I'll sit back and wait to see what they do next, but I'll keep to my timetable.

 

Cheers...

[add-enuff]

Hiya

 

Received a letter from NW (Stuart Higley) today. Lots of guff about their 'extensive services to many satisfied customers', 'terms & conditions'... Blah, blah, blah

 

The letter makes no ref' to the court claim. I take it that this letter does not constitute a formal defence to the court claim (I was expecting a formal Defence to come via the court) Thus I stick to my timetable allowing 14 days from date of issue

 

I'm going to reject their offer to pay £1588.92 in my NW acc (which is my claim less the interest) as they want me to accept it as full and final settlement. Cheeky so & so!

 

The lovely Mr Higley states that if I am unwilling to accept future charges NW will consider withdrawing banking facilities from me (now they realise that I'm not going to allow them to rip me off!)or cancelling my debit card (Solo) and down grading acc to one that doesn't allow D/Debits. I wonder if they don't want me to continue repaying the loan they forced me into then? since it's paid via D/ debit from the acc'

 

I was going to respond as follows, what do you think?

 

1) reject offer and state that I will only accept the FULL amount claimed and that they need to pay up or defend the court claim and STOP sending me threatening letters as I am disabled & unwell and find this such threats v emotionally distressing

 

2) I want the repayment in the form of a cheque made out to me but not one I have to pay into NW acc

 

3) tell them I intend to claim for all charges levied against me since I submitted the court claim, as it is them deducting charges that made me O/Drawn (AGAIN!!!!) and generated further charegs. (I think this would mean a separate claim from scratch)

 

4) Demand that they remove any default against me (ie with credit ref agencies)

 

Have I covered everything? Any advice / ideas would be appreciated...

 

Ta

[muggins73]

Hiya

 

Received a letter from NW (Stuart Higley) today. Lots of guff about their 'extensive services to many satisfied customers', 'terms & conditions'... Blah, blah, blah

 

Yep, pretty std loada rubbish you'd expect to hear.

 

The letter makes no ref' to the court claim. I take it that this letter does not constitute a formal defence to the court claim (I was expecting a formal Defence to come via the court) Thus I stick to my timetable allowing 14 days from date of issue

 

Too right, this is 'your' claim and not theirs. Stick to your guns!!!! Oh, you will receive a formal notice from the court, just give it time.

 

I'm going to reject their offer to pay £1588.92 in my NW acc (which is my claim less the interest) as they want me to accept it as full and final settlement. Cheeky so & so!

 

Yep, use the rejection of settlement letter found in the templates section

 

The lovely Mr Higley states that if I am unwilling to accept future charges NW will consider withdrawing banking facilities from me (now they realise that I'm not going to allow them to rip me off!)or cancelling my debit card (Solo) and down grading acc to one that doesn't allow D/Debits. I wonder if they don't want me to continue repaying the loan they forced me into then? since it's paid via D/ debit from the acc'

 

Silly b*****s, they certainly won't shut you down whilst you owe them money. They most definately will once you get whats owed and providing you pay them off in full.

 

I was going to respond as follows, what do you think?

 

1) reject offer and state that I will only accept the FULL amount claimed and that they need to pay up or defend the court claim and STOP sending me threatening letters as I am disabled & unwell and find this such threats v emotionally distressing

 

Sounds good to me. Have you considered using the harrassment letter I told you about previously, and revoke their right to pass your details on to third parties, just to stick the boot in that little bit extra?!!!!

 

2) I want the repayment in the form of a cheque made out to me but not one I have to pay into NW acc

 

Me too, but I've read that even if they try this, and depending on where you bank it, the acount number they sometimes but on the chq is for reference only, some other banks are quite willing to accept it. But well worth the clarification, me thinks.

 

3) tell them I intend to claim for all charges levied against me since I submitted the court claim, as it is them deducting charges that made me O/Drawn (AGAIN!!!!) and generated further charegs. (I think this would mean a separate claim from scratch)

 

Yes, indeed. This does often mean a seperate claim, but I have it on good authority that it doesn't need to get that far. They are more likely to pay up at the prelimary stage than go through court again.

 

4) Demand that they remove any default against me (ie with credit ref agencies)

 

Again, well worth the mention, but do think about the letters I have mentioned. Pm me and I'll send them if you can't find links on here.

 

Have I covered everything? Any advice / ideas would be appreciated...

 

Ta

 

I think that's everything covered, if anything else comes to mind I'll let you know.

[add-enuff]

Hiya

 

Thanks ever so much for the above. Have used the Refusal Letter template as basis of response, just added stuff about not allowing info to 3rd party and stopping harassment (couldn't find yours so hope what I wrote was OK - they'll get the gist anyway) Will post tomorrow and take copy of it & Higley's letter to the Court.

 

Thanks again

 

Ps. Was listening to radio and half asleep today so not sure if I heard this right: Is is true that some guy sent bailiffs to his back to seize there computers when they didn't repay his bank charges?

 

Sounds like my kinda guy!!!!!

[muggins73]

News to me, but I agree, sounds as though I'd get on with him too:p

 

Glad that you've sent the refusal letter with a harrassment part added on. You should have found both the 'Harrassment by telephone letter' in the bank templates section above the 'Rejection of settlement letter' also in the bank templates section, you nana. Never mind, so long as you get the response you desire:)

 

You do not need to take a copy of Higleys letter to the court, save it as evidence for your court bundle....if it comes to that.

Wouldn't want you wasting your money on a journey you need not do.

 

Anyways, I'm here if you need to let off steam and I'll be keeping tabs on your progress.

[JonCris]

You guys really should get out more.

 

Not only is the claimant who sent the baillifs in a member of this site but it was all over the media including Daily Mail, the Times & even the Sun.

 

Great init!

[muggins73]

You guys really should get out more.

 

Not only is the claimant who sent the baillifs in a member of this site but it was all over the media including Daily Mail, the Times & even the Sun.

 

Great init!

 

In my defence, I do not buy the papers far too much bad news for my liking:D

 

As for the news, too many kids to actually be able to hear it, plus it is far too much of the same...bad news!!!

[JonCris]

Wot! you mean you haven't been able to keep up with world shattering events such as Jane Goody being chucked out of Big Brother.............how sad is that

[muggins73]

Now, now I wouldn't go that far.

And I'd appreciate it if you didn't refer to me as sad:p

Anyways, if you call that news, then me thinks it is you (along with the rest of the bleeders that keep on going on about it) that needs to get a life!!!

[johnwilsonstorey]

Hello I know from your thread and you possibly have all the information you need but here is something you should read and ALL financial organisations should adhere to this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

 

 

Hope this is of use

[add-enuff]

Hello I know from your thread and you possibly have all the information you need but here is something you should read and ALL financial organisations should adhere to this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

 

 

Hope this is of use

 

Thanks it is of great use will def' quote it in my next letter NW

 

I made a descision today about the bank charges issue which may annoy the bank but I am so disgusted with them that I really couldn't give a damn. Now that I have read your post I am even more determined to get EVERY single penny they have taken from me. And the whole lot of them can go to H*LL. They make me sick. I get very beligerent and willfull when someone takes me for a ride as NW are about to find out.

[muggins73]

Hello I know from your thread and you possibly have all the information you need but here is something you should read and ALL financial organisations should adhere to this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

 

 

Hope this is of use

 

Again I seem to have had too much information a little too late:-(

 

I opened a new account and transferred any benefit payments into the new account prior to starting my court claim, as a matter of course. But its helpful for evryone else out there. Ta.

[add-enuff]

Hi all

 

So I received the following from the court today (14 day deadline):notification that NW has filed an Acknowledgement of Service, copy of the expected letter from Cobbetts to court re' acknowledgement of service, copy of N9 in which NW 'intend to defend all of the claim'

 

So looks like they are going to drag things out for at least another 28 days (yawn!!!!!) Am guessing this is their standard MO and that I should wait for the court to get in touch with me / Cobbetts to make the next move.

 

Interestingly got a text from NW yesterday demanding that I contact them ASAP, which I ignored as I have written to Higley about 'telephone harassment'........oooooh I'm scared!!!!!!(runs away to hide under duvet LOL:p )

[muggins73]

Hi all

 

So I received the following from the court today (14 day deadline):notification that NW has filed an Acknowledgement of Service, copy of the expected letter from Cobbetts to court re' acknowledgement of service, copy of N9 in which NW 'intend to defend all of the claim'

 

So looks like they are going to drag things out for at least another 28 days (yawn!!!!!) Am guessing this is their standard MO and that I should wait for the court to get in touch with me / Cobbetts to make the next move.

 

Interestingly got a text from NW yesterday demanding that I contact them ASAP, which I ignored as I have written to Higley about 'telephone harassment'........oooooh I'm scared!!!!!!(runs away to hide under duvet LOL:p )

 

Good on you, let them put that in their pipe and smoke it:D

Yep, just sit back and wait for their defence. It is more than likely that you'll receive a copy from them first, before the court, asking you to acknowledge it. Do as they have asked (this time round, only) and acknowledge their defence and nothing more. The court will then send you a copy of their defence followed by and Allocation Questionnaire.

There is a guide for completion in the bank templates section, along with the new draft order for direction. See below.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

New strategy for Allocation Questionaires

 

Any probs then get back to me.

 

I have responded to your pm, a long response, but hopefully of some use. Get in touch is you need anything else.

[muggins73]

With regards to your AQ, I forgot his bit, sorry...slap wrists:o

 

Other Information - Section G:

 

 

Quote:

I am respectfully requesting that my claim be allocated to the small claims track.

 

This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

 

 

It's a bit of squeeze, but very important you enter all the details.

 

Include copy of schedule

 

Cheque to HM Courts Service

 

Fee will be added automatically to your claim

 

Send copy of your AQ to Cobbetts

 

Hope this helps!!