cat vs natwest

[purplecatlover]

figured its time i made a thread instea dof just lurking and i want to keep track of my claim.

 

on the 22nd of sept i mailed my Data Protection Act request. on the 31st sept. my statements came. i have quite a few pages wiht charges to total up now. must find my calculator

 

im quite amazed at one incident where they took £210 worth of charges in one go. yes for some reason they thought that since could aford the 7 £3 ish payments, ie £21, i could afford £210 lol.

 

there dont appear to be as many charges as i expected but still worth cliaming i should think. *fingers crossed* they dont close my account or cancel my current overdraft, which they are already pressuring me to turn into a loan wiht monthly repayments i cant afford, as a result. wish me luck.

 

oh and hi everyone, nice to meet you all.

[Guest NATTIE]

Welcome to the CAG and good Luck.

[purplecatlover]

ok so i sent of a verison of letter one taken form another website ont he 2nd october. todya i ahve recieved back what i presume is a fairly standard reply form stuart higley.

 

on to letter two form the library here this time.

 

(thaks for the welocme and luck wishes natwest staff member)

[purplecatlover]

is there a list anywhere wiht copies of satndard reply letters sent by natwest?

[purplecatlover]

ok playing wiht spreadsheets now, i have found a few duplicated statement pages and therefor ewill have a couple of counted twice charges on my initial request for refund. does this matter?

 

assuming it goes to court i will include wiht the claim form a schedule of charges. since i want to gte my lba off tomorrow i am not sending a schedule with it. (i have aprox 68 individual charges to type into it lol).

 

also i did not include any interest charges in my initial request, i am saving that for court as well at this stage. am i correct in assuming i can add that onto the schedule of charges as well as the 8% interest?

 

the more i read on here th emore confused i get.

[Guest NATTIE]

No to the first question. 8% is at court stage. And calm down Letter Before Action is next and then 14 days til you start suing them. This is the easy bit for know so in those 14 days read the successes bit and the preparation for court as well as the cpr part 18 on the NatWest Forum.

If you are prepared you will win

[Michael Browne]

assuming it goes to court i will include wiht the claim form a schedule of charges. since i want to gte my lba off tomorrow i am not sending a schedule with it. (i have aprox 68 individual charges to type into it lol)..

 

Don't send the LBA until you have done your schedule and included it with the letter.

also i did not include any interest charges in my initial request, i am saving that for court as well at this stage. am i correct in assuming i can add that onto the schedule of charges as well as the 8% interest?

 

You can't claim all your interest charges only that which relates to the penalty charges.

If your claiming overdraft interest on the penalty charges you must include that in the schedule of charges. To calculate this use the Advanced s/s Here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

[purplecatlover]

well i guess it would be way to complicated to work out which interest charges were due to unauthorised borrowing due to them refusing d/ds and which are due to overdraft interest anyway.

i can claim overdraft interest on each charge though?

[Michael Browne]

Yes and to calculate this use the Advanced s/s Here:

 

http://www.consumeractiongroup.co.uk...eadsheets.html

 

It's fairly complex and some people for simplicity ( and their own sanity) don't bother and just claim the 8% interest once they file a court claim

[purplecatlover]

thanks guys for helping

 

right, i have just inputted all 79 charges onto that spreadsheet (except i used the basic not the advnced or i think i did). still have to add them up then add the interest to it to get the total claim ammount?

 

back when the first charge was applied the bank had a 9% interest, it changed over time, at one point was 16.5% and who know what it is now lol

 

do i need to change the interest rate to apply their different rates or do i stick with the 18.2% the spreadsheet is set to calculate?

[purplecatlover]

nm worked that one out

[purplecatlover]

*sigh* ok way to complicated to work out the advanced interest as they stopped telling interest rates and ammount of overdraft allowed on my statements back in 03 or 04. and i dont know what some of the columns mean.

*gives up and goes bed*

[purplecatlover]

ok what date should i use as claim date on my spreadsheet? todays/toorrows whichever i get the lba ready to go on, or the date my first letter was sent?

 

do i cahnge the date as i go along? so if/when i file the claim in court i charge interest to that date?

 

should i add into the lba that since my first letter requesting a refundi have dicovered i can charge interest iont he fees charged and as they have refused the refund i have now calculated them and added them to my claim? and can anyone word that sensibly for me?

 

sorry seems i have had tonnes of questions tonight and thanks in advance.

[livelylad]

ok what date should i use as claim date on my spreadsheet? todays/toorrows whichever i get the lba ready to go on, or the date my first letter was sent?

 

do i cahnge the date as i go along? so if/when i file the claim in court i charge interest to that date?

 

should i add into the lba that since my first letter requesting a refundi have dicovered i can charge interest iont he fees charged and as they have refused the refund i have now calculated them and added them to my claim? and can anyone word that sensibly for me?

 

sorry seems i have had tonnes of questions tonight and thanks in advance.

 

You can charge it from todays date it does not really matter as interest will be paid up to the date of settlement.

the correct wording for MCOL is in the library. Any probs pm me:D

[purplecatlover]

Unarranged borrowingProductRateCurrent, Current Plus, Private Bank account and Advantage Gold2.19% a month (EAR 29.69%) variable

 

Overdraft rates

Overdraft amountPrevious EAR Previous nominal Previous monthly nominal Current EAR variable Current nominal Current monthly nominal Under £1,000 17.69%16.40%1.3618.86%17.40%1.45£1,000-£4,99916.79%15.62%1.3017.95%16.62%1.38

ok i dont understand these rates at all, up until august this year my agreed overdraft was at £900 so that means they were charging me 18.86%?

now it is £1150 i think = 17.95%

at some point between jan 02 and now theyre rates increased, bu they stopped telling me on my statements how much my overdraft limit was and how much apr they charged on borrowing so i have no way to find out when.

from june 2001 their rate was 16.5% and prior to that it was 9%.

 

can i use their current rate to calculate interest on all my charges?

 

*sigh* can a tell that interest calculatons are beyond my brainpower atm.

 

also re the advanced spreadsheet, is there a tutorial anywhere that tells me what to put in the colums? im not understanding how things are worked out form the singel example, i ended up wiht a rediculous figure. i have balances for the times when all charges were applied, but not details of what dates exactly interest was applied. i know i will play more later on but if anyone can point me to a guide that would be great

[purplecatlover]

ohh thanks lively lad thats one question answered.

[purplecatlover]

ok lba wiht schedule of charges going recorded delivery tomorrow.

then the real fun begins i guess.

[purplecatlover]

well a very very prompt reply to my LBA, tellingme ther eis nothing further to be said on their part and they have notified their solicitors of my intention to begin court proceedings.

 

time to reread the F.A.Q. and litigation sections here again

 

Anyone have any sugestions for what else i should read before i start filling in the claim form to take to court? Or any other advice?

[Deller]

Usual standard letter from Snatchwest then!!

 

I should take a look at the two links in the bank templates library, one by jonni2bad and one by BankFodder, they explain the particulars of the claim.

This was something I didn't do but wish I had, I was a bit hasty I think!!!

 

Good luck!

[purplecatlover]

thanks deller1 i will check them out, ive read so much stuff on here that i cant remember what i have already read and what i havent .

good luck with your claim

[purplecatlover]

ok im getting ready to file in the next few days, below are what i am planning as my particualrs of claim. would someone please check them over and confirm for me that i havent missed anything and i have ot things sounding right, thanks to mindzai and lucid for the changes to the tmeplate posted in their thread.

 

I left out the court costs claim as i believe i am entitled to not pay them, and i struggled too much to use the advanced spreadsheet so am not claimin ginterest the bank charged, only the interest at their authorised borrowing rate on the charges they took, i think thats what the simple spreadsheet worked out for me :S

 

red are bits i need to find the exact info out before i actually move this to the claim sheet and print it.

 

Thanks in advance for any help and reasuring kicks/encouragement to go ahead and file it, im nervous now.

 

IN THE xx COUNTY COURT

 

BETWEEN

 

my name and address

 

And

 

national westminster bank plc

135 bishopsgate

london

ec2m 3ur

 

PARTICULARS OF CLAIM

 

 

1. The Claimant has an account No. xxxxxxx with the Defendant which was opened on or around 1st March 2000.

 

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £xxxx.xx

 

b) court costs

 

c) the Claimant claims contractual interest at a rate of 18.86%, from the date of each transaction to date filed, which is £xxxx.xx, as set out in the attached list of charges. The Claimants further claims interest, on the resulting total of £xxxx.xx, at the same rate up to the date of judgement or earlier payment, at a daily rate of £1.96 per day.

 

The account’s Terms and Conditions specify the interest payable on authorised drawings from the account. The Claimants hold that this applies to authorised drawings by the Defendant as well as to authorised drawings by the Claimants. Should the court deem this incorrect, the Claimants claim the rate to be justified under the principle of mutuality and reciprocity, and is based on the Defendant’s authorised overdraft interest rate that would be applied under the terms of the above mentioned account.

 

Should the court find that this interest rate is not applicable, then in the alternative the Claimant claims interest under Section 69 of the County Court Act 1984 at the rate of 8% per annum calculated from 8th september 2000 (date of first charge, is this correct?) to the 27th october 2006 (i intend to file tomorrow), which is £xxx.xx and continuing until payment or the date of judgement at a daily rate of £0.67.

 

I believe that the contents of these particulars of claim are true.

 

 

Signed:

 

 

Date:25/10/06

[purplecatlover]

anyone care to tell me how i work out the daily rate of interest at my rate rather than the 8% please?

[purplecatlover]

well clai was filed this morning so they have14 days form weds to reply. my local court has had a lot of these claims apparently.

 

waiting game now, but while im waiting im going to try and make sense of my credit report and a judgement that shows up wiht no details at all, i knwo its one that i paid as soon as i could, which was just after they had filed a ccj, at least i assume itt is that one, but it doesnt even have the name of who it came form, never mind that it was paid up on my credit report. im hopeing that equerians report will make more sense

[purplecatlover]

anyone know if i can add another charge onto my schedule of chearges at this stage? they have until aprox. 14th nov to reply to the court and sods have added another charge to my account a couple days ago.

[cheddar]

If i remember rightly the daily rate is claim totalX0.0002=daily rate. There is something on the court service website how to work it out thats how i did it eventually! lol! As for your POC as long as it is the one from the templates section it will be fine.

 

Additional charges not 100% sure have you tried to ring and ask for it back? They seem to be backing down straightaway when you ring these days.