cat vs natwest

[purplecatlover]

yeh i rang and asked what it was for, she told me and i thne asked would there also therefore be another charge at the end of next month, a referral charge that they charged for the privilidge of having charged me once already. she didnt like that and got all snotty that their charges are not just for the privilidge and are in their banking code. naturally when i asked for it to be refunded she said no she couldnt do that, i didnt push it.

 

i guess what i will do is let this one get a bit further on/finished then start all over again for the new charges maybe, hopefully though this one will be the only one.

 

and thanks

[purplecatlover]

well, request for judgement is being mailed to the court today. i have heard nothing since claim went in.

[purplecatlover]

aww shucks they filed a defence, so i got my judgement request returned, they still only have one week more though.

[Deller]

aww shucks they filed a defence, so i got my judgement request returned, they still only have one week more though.

 

 

Seems to be the same old story, getting their defence in right at the last minute.......just when you think you've done it.

[purplecatlover]

yep deller same old story, while ive been away this week i recieved a copy of their defence....same old my poc werent detaled enuff yada yada and requesting the court to have a case management conference in order to give me a chance to properly particularise my claim.

 

now to work out what to do next nd how to acknowledge to cobblers that i have recieved their defence.

[Deller]

You don't have to acknowledge defence, although I popped a quick reply on the fax, nothing fancy!!

 

Next step will be that you should receive the AQ.

[purplecatlover]

thanks deller i think i will dradt up a qucik reply to cobbets simply saying i have recieved their defense ver the weekend.

 

any idea how long i should expect to wait befor recieveing the aq?

[Deller]

mine arrived 3 days after defence, but I know some people have waited a week or so!!

[purplecatlover]

thakies deller, ill expect it over the weekend then or monday i guess

 

todays post has just brought an interesting surprise. an offer form cobbets for £1650, which i shall be accepting only as partial settlement sinc emy claim is creeping up towars the £5000 mark as interest builds. they point out that one of my charges is prior to the 6 year mark, which is true as the first one was may 2000 and i didnt send my prelim until sept this year. however they are trying to say that nothing before the 30th oct, the date court case was filed counts, i shall point out to them that that is wrong as i believe it is. the rest is the usual the charges are fair etc etc. and i wont win at court and a 7 day deadline for acceptance of their offer in f&f and no disclosure.

 

so guess th eletter i draft this weekend will eb an acknowledgement of both their defence and their letter and acceptanc eonly as partial settlement.

 

im quite relieved to have recieved an offer finaly, i was getting worried they were going to make me be the test case lol

[Deller]

They always try that on with regards to the dates, they did it to me also. They seem to think the 6 years start from the date you file your claim with the court, but they are forgetting you've already give Nat West two opportunities prior to that to settle up. The six years start from the date you sent your preliminary letter.

[purplecatlover]

typical of them lol thatnks for the reassurance deller, its good to know its a standard tactic

[natwesttookmymoney]

And even better than that. The six years starts from when you could be reasonably expected to have known that the breach occurred. It can be argued - and very strongly - that you didn't realise they had been concealing the true nature of their charges until the OFT report earlier this year. So you have 6 years from April 2006 to claim!

They know that, so take no notice of them. Not a jot. Unless you want to reply in a patronising and supercilious manner, in which case go ahead - with my enthusiastic support!!!!

 

Westy

[purplecatlover]

thanks westy i shall see what i come up wiht tomorrow 9or hunt down the templates) and wait for the aq to come through.

[purplecatlover]

ok folks id really appreiate some help wiht the wording and grammar here, or tell em what to delete lol perhaps im being silly trying to reply to their offer letter pointing out that i cant claim prior to 30th oct 2000 and that they think my claim will fail.

 

here is a draft of my reply to them anyway.....i plan to send it tomorrow as i wont be able to get to the post office before their 7 day dealine otherwise.

 

Dear Sir

Thank you for your letters dated 29th and 30th November.

I acknowledge receipt of the defendants defence.

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, now totalling £4225.31.

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder by continuing with my county court claim.

 

With reference to the Limitation Act 1980 and your allegation that I cannot bring a claim more than 6 years prior to the date my claim I was filed with the court I would like to draw to your attention that I was unaware that the bank had been concealing the nature of their charges prior to the oft report in April of this year and therefore it is my belief that the statute of limitations allows me six years form April 2006 to bring a claim.

 

I believe that your client’s charges are not fair or reasonable, and are not a true representation of the actual costs to your client thus being punitive in nature. Therefore I have every confidence that my claim has every prospect of succeeding in court.

 

I trust this clarifies my position.

 

 

Yours faithfully

[natwesttookmymoney]

Hi, Cat

'defendants' (para one) should be 'defendant's'.

Para four, line two: the 'I' is redundant.

Line three: no need to 'draw to their attention that'. full stop after 'court', start new sentence.

Line four: OFT should be in capitals.

final line: should be 'from', not 'form'.

Sugggest rewording: "...in April this year. I have repeatedly asked your client to provide me with evidence of notes, conversations and other manual interventions in my account, which would indicate their true costs associated with these items. They have failed to do so and have claimed their charges are 'fair and transparent'. This indicates a strategy of deliberate concealment of the true nature of the charges, which S32 of the Limitations Act specifically mentions as a reason to set the six-year rule aside. Your client is welcome to argue otherwise in court but I note it has not been mentioned in their defence." (That's assuming it hasn't).

 

Next para. "I believe your clients charges are...actual costs to your clients and are therefore penalty charges, which are unlawful under statute and case law, as previously advised." (again, assuming you did).

 

Hope that helps

Westy

[purplecatlover]

thank you soo much westy that sounds much better

[purplecatlover]

ok reply accepting offer only as part settlement has been sent recorded delivery and alocation questionaire has bee handed in to the court well ahead of deadline. back to the waiting game now for me.

[natwesttookmymoney]

Yup. You'n'me both.

(And others too numerous to mention).

[purplecatlover]

hehe time to learn patience

[PaulMc1981]

may sound like a stupid question cat but what is this Cobetts thing???

[purplecatlover]

cobbetts are the solictors acting for NatWest paul. (and no question is stupid unless its clearly to be found answered in the faq )

[purplecatlover]

now theyre trying to say i never replied to their offer lol im going to reply to this letter int he same vein they sent their latest letter to me,

 

 

dear sirs, in response to your letter dated xx i draw your attention to the letter recieved by you on xx a copy of which is enclosed for your convienence.

[purplecatlover]

well i hope everyone had a nice christmas and new year.

i never did send cobbetts another letter, the other day i got a copy of their aq from them. today ive had a date from the court. the 1st of feb. i have until the 18th of jan to send in whatever i might use in court.

 

i seriously need encoutagement here folks, i dont know if i can do this now :S

[natwesttookmymoney]

Hi, Cat

Quickly, as I've been away for a while and got lots to catch up on.

 

You're actually on the last lap. Expect to hear from them with offers over the next 10 days: they're going to have to prove their charges reflect their costs, or that the charge is for a 'service' and we all know they can't do that. It's doubtful they will even want to go as far as sending in their documents, but it's as well to be prepared anyway. Have you downloaded the Court Bundle? You'll find it either in the Templates or FAQs section. Sorry - can't look at the mo, so much to do but post up again if you have probs. the Bundle has pretty much everything you need, except for your own correspondence - letters, spreadsheets, etc. It has to be personalised - oh, and you'd better make sure you have enough ink in your printer!

If you've followed the steps properly, you have nothing to worry about.

Happy New Year

Westy

[Deller]

You'll find the court bundle here:-

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

Nice to see you back Westy!!