banofi v NatWest **WON**

[banofi]

Hello, have sent my third letters to Lloyds and Nationwide, just waiting to be able to afford court fees! (Why can't you pay those after your case, I don't know!!) in the meantime I am tackling Natwest now. Only banked with them for a year and have about £800 in charges (charges are a whopping £38 each!!). After my first letter they replied saying they think the charges are fair, it's up to me to ensure there are adequate funds in my account etc. However they said something different from what Lloyds and Nationwide wrote in their letters to me:

 

"Much of the recent media coverage on bank charges has been fuelled by the Office of Fair Trading investigation earlier this year, but that was limited to administration charges on credit card accounts and did not extend to include bank charges.

We have considered the Office of Fair Trading's statement of 5 April 2006 and do not accept its findings in relation to the settling of credit card fees. We are concerned that the Office of Fair Trading has publicly called into question the setting of charges applied to other products, including current accounts. The Office of Fair Trading has restricted its investigation to credit cards and made no attempt to consult with the RBS Group or the industry in relation to other entirely different products.

Consequently, against that background, we must differ with the views you have expressed and will not be refunding any of the charges applied to your bank account."

 

Is this a standard reply which everyone has been getting?

 

They also recently re-represented a cheque for the second time without warning me first and then charged me for it (which I shall be having a go at them about).I don't happen to have that extra £76 to cover the cheque bouncing twice and so £76 of this month's direct debits are going to bounce as a consequence of their greed. Which will then result in a few more fees... unless I manage to open a new current account first then they won't be able to grab any more of my money. grr..!

 

:mad:

[Guest NATTIE]

That is a standard NatWest Letter. A cheque can be presented twice, the first occasion the response can be Refer To Drawer Please Represent which mean that as soon as the cheque returns to the drawer's bank they will represent it. Once that has been returned for the second time, it is Refer To Drawer and should not be represented again.

Where are my manners? Good Luck

[banofi]

Hello, thanks for the reply. I read the t&c's twice now and nowhere can I find anything saying that a cheque can be represented twice. I've banked with Nationwide and Lloyds and they never did that. I wrote a separate begging letter to my branch manager (who I also separately cc'd my charges claims letter for charges over the past last year to) and pointed out that it was not explained in the t&c's, and also the fact they said no to an overdraft facility and still re-represented my cheque knowing full well it wouldn't clear the second time anyway, then as a result of my bounced cheque charges (£76) my house insurance bounced and I got £20 charge with them plus £38 bank charge, plus my maintenance company are threatening me with court, then I got charged £28 for going overdrawn! Grrr!!. Am in the process of opening a new current account at Alliance & Leicester as I think Natwest will tell me where to go soon!

[Guest NATTIE]

NatWest do not represent the cheque it is the bank where the cheque has been paid into that does. Don't forget to go after the insurance for that £20 once you have the bank charges back.

[banofi]

Hi, I'm now writing out my claim form (N1 printed version not Moneyclaim version) for the Natwest.

Just a few small questions:

 

1) In the "Value" section is the "interest Under s.69 County Courts Act 1984" the 8% apr interest figure?

 

2) At the bottom is the "Amount Claimed" the "Total" figure from the "Value" section minus court fee (ie, charges plus interest plus 8% apr)? Do I include the daily interest or let the courts work that out? (I have worked out the daily amount as £0.23 per day).

 

3) Box at bottom of first form "Defendant's name and address". Do I fill this out even though I wrote it near the top of the form?

 

4) Box at the top of the first form "In The"... what's this for?

[Michael Browne]

1. Yes

2. No exclude daily rate.

3. Yes

4. In The XXXX (your local) County Court

[banofi]

Many thanks, just re-checked the 8% apr figures and realised I'd done it wrong to start with as I didn't realise it was under the third tab of my spreadsheet (duh!). Think I'm all sorted now, posting it tomorrow, wish me luck!!!

[banofi]

I'm about to post my Natwest claim, but how do I choose a court? I think I'm getting tired and not concentrating now!!

 

I went to this link:

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/

 

There are two under Portsmouth but one is a magistrate's court, the other a "combined court".

 

The drop down list is a bit dubious, any ideas please?

 

Also I read earlier about how many copies of the forms I need to send (N1 forms and POC etc). I think it was three, but can't remember where I saw that!?!?!?

[Rooster-UK]

Hi Banofi.

 

The Portsmouth court that you want is the combined court.

 

You should send three copies.

 

Good luck.

Regards, Rooster.

[bottomburp]

deleted

[muggins73]

Hi banofi and Happy 2007!!

 

In response to your queries:-

 

There are two under Portsmouth but one is a magistrate's court, the other a "combined court"

'combined court' simply means its a crown and county court and is the best option if making a small claim. Magistrates court deals with mainly Criminal, Family Work, Licensing and Appeals.

 

Also I read earlier about how many copies of the forms I need to send (N1 forms and POC etc). I think it was three, but can't remember where I saw that!?!?!?

The POC makes up the second page of your N1 claim form. You need to send three copies to the court of your choice (if you are not doing it online via MCOL). The court will stamp them and return a copy to yourself for your files.

 

Make sure you have read the FAQs as most of the answers to a good majority of yor queries can be found there.

 

Hope this is of assistance to you. Good luck and keep us posted.

[banofi]

Thankyou both, eek it's ready to go now!!

 

I'll keep everyone updated.

 

I need my zzz's now... thanks again

[Rooster-UK]

Good luck.

[Deller]

Banofi, try and stick to one thread, it will make easier to keep track of your progress!!

[muggins73]

Hi banofi,

 

I've just responded to your other thread.

You don't need to post a seperate thread for each of your queries. Try to keep all your queries posted in one thread, together. It is easier for us to assist you, this way:)

 

Don't worry I did exactly the same thing when I first started out, it seemed to get the site helpers attention anyways!!!!!

[banofi]

Hi Muggins73, I thought creating different threads would help attract the right sort of help? But I'll remember for my future posts. I have more claims on the go!

 

Thanks,

[muggins73]

Hi Muggins73, I thought creating different threads would help attract the right sort of help? But I'll remember for my future posts. I have more claims on the go!

 

Thanks,

 

All it'll do is annoy the site helpers and moderators!!!! (just a friendly bit of advice).

Good luck with the other claims

[muggins73]

Banofi, try and stick to one thread, it will make easier to keep track of your progress!!

 

Ha, ha deller...too late mate, already advised him of that one:D

 

Banofi, told ya:D:D:D:D:D Have a good sleep. Nite nite.

[Deller]

Sorry muggins, half asleep myself....lol

[muggins73]

Sorry muggins, half asleep myself....lol

 

Aren't we all at this time of nite? And you're about to become a dad, you don't know the meaning of tired!!!!!!:D:D:D:D

 

Catch up soon, must dive into my pit and get some well earned shut eye. Nite, nite.

[barracad]

Threads merged

[banofi]

Hi, right then I'm a bit unsure of my next step now. The county court issued my claim on 8th January 2007, deemed to be served on 10th January, and I've heard no reply from Natwest yet. It said the defendant has until 24th january to reply. natwest have NOT replied (today being the 29th) so now I am going to send back the form which the court sent me, (Request for judgement). Do i need to include a letter with this or just send it as is?

[banofi]

I sent my "Request for Judgement" to the court on 29th Jan, still heard nothing. How long should I expect to wait?

[banofi]

Court sent me a copy of the "Judgement for Claimant", on 6th Feb, demanding that Natwest send me £1177 plus interest to date of judgement immediately! Today's the 12th and still heard nothing.

[banofi]

I've won!!! £1177 paid out on 26th February. VERY pleased!!