Tigerlilly -v- NatWest

[tigerlilly24]

Ok, I have prepared my LBA (in anticipation of my first 'sod off' letter). I'd like to put the following paragraph at the end of the letter and would just like a second opinion as to whether it would be ok to include it:-

 

Should I not hear from you within the next 14 days, I shall not hesitate to bring to the attention of the Courts, once proceedings commence, that you have failed to enter dialogue and have failed to acknowledge, or respond to, my letters.

J

[Michael Browne]

Of course you can amend the template letters to suit, just don't have any illusions that it will make a difference

[tigerlilly24]

Ok, first time limit has lapsed ! 14 days has passed since we sent off our initial letter and we've heard nothing ! In some ways I am surprised, but on the other hand I guess they have so many claims to deal with they can't respond on time (which is good for us !). I've been wondering all week (been on holiday) whether Mr Postman has dropped a letter from NW through our letterbox but, alas, nothing ! No bills either which is always a bonus ! hahah

 

So ...

Tomorrow i'll send the LBA. I have half prepared it, just need to make some minor adjustments and off it will go, recorded delivery, first thing tomorrow and the clock starts ticking again ! I'm pretty sure that my schedule is ok but I may pop on later with a couple of questions (if and when I think of any !).

 

Off now to catch up on the last 5 days worth of posts ! Think i'll be here all night .......

 

J

[dantracey]

Tiger are you the tiger of the bingo site?

[tigerlilly24]

No, fraid not dantracey.

[tigerlilly24]

Well, well well ! It arrived this morning - the bog standard "we believe our charges are fair, transparent (as a wall !) etc etc but as a gesture of goodwill we will offer you approx 1/3 of what you are claiming ...blah blah blah ".

 

So, quick question ....

 

I now send off the LBA but include a paragraph at the front to the effect of .. "thanks for your offer, I will accept as part-payment and pursue you for the rest"?

 

Just want to get things right this time ! lol

[tigerlilly24]

LBA has gone off via recorded today.

 

I have now prepared (in anticipation of the next stage) my N1 form. Could someone possibly have a look at the following for me and check that it is ok? I'm pretty sure it is, but would still be very nice to have the nod from someone else.

 

• The Claimant has the following account with the Defendant conducted on the Defendant’s standard terms and conditions:

(a) Account Number

(b) Sort Code

(“The Account”)

2. During the last 6 years the Defendant has debited numerous charges to The Account in respect of purported breaches of contract on the part of the Claimant. 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. Full details of each and every charge applied to The Account are already in the possession of the Defendant, from whom the Claimant obtained such information prior to this claim. However, details of all the charges, the amounts, dates debited and a description of each charge is attached to this Particulars of Claim. Also attached to this Particulars of Claim is copy correspondence between the Claimant and the Defendant.

4. The Claimant contends that:

(a) The charges;

(i) are punitive in nature;

(ii) are not a genuine pre-estimate of costs incurred by the Defendant; and

(iii) in respect of any breaches of contract on the part of the Claimant, exceed alleged actual loss to the Defendant and are not intended to represent or relate 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:

(i) The Unfair Terms in Consumer Contracts Regulations 1999 particularly, but not limited to Regulations 5, 6 and 8 and Schedule 2, 1(e);

(ii) The Unfair Contract Terms Act 1977 particularly, but not limited to Sections 3 and 11 and Schedule 2; and

(iii) The Common Law relating to Liquidated Damages and Penalties in Contracts

5. To the extent that it is found that the Defendant’s charges are for the provision of banking services, the Claimant contends that the price thereof is unreasonable pursuant to Section 15 of the Supply of Goods and Services Act 1982.

6. Accordingly the Claimant claims:

(a) the return of the amounts debited to the Claimant’s Account in the sum of £;

(b) Court costs;

Interest at 8% per annum pursuant to Section 69 of the County Courts Act 1984 on the charges debited to The Account in the sum of £ and continuing at the daily rate of £ pence until judgment or sooner payment

 

Have I missed anything or is there anything that needs taking out? Any views/opinions gratefully received !

 

J

[tigerlilly24]

Ok, have received a response to my LBA and i don't think it's a standard response ! Has anyone else had this:-

 

Dear ....

 

Further to my recent letter regarding charges, I am writing to update you as to the status of your concern.

 

Due to the nature of the issue, and to ensure the best possible resolution of this matter, I feel that it will be beneficial for your concern to be taken forward by our Customer Relations Unit - a specialist team dedicated to resolving more complex concerns.

 

Customer Relations Unit will contact you within 10 days, however, if you wish to contact them prior to this you can telephone on ....

 

I regret that I have been unable to resolve this matter for you.

 

Mark Chamberlain

Customer Care Team

 

Anyone else had any letters from Mr Chamberlain?

 

J

[Deller]

It looks like he's passing your issue over to Mr Higley, I'm sure he's part of the Customer Relations Unit.

[bearo]

2 Threads merged, please try to stick to one per claim thanks!

[tigerlilly24]

Sorry Ollie ? I've stuck to the same thread, haven't i ?? A bit confused now lol

[Guest NATTIE]

Sounds fairly standard, so mcol is on if no response within 14 days of LBA.