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vs New claim vs Natwest - Contractural interest @ 28.69


deanandalexa
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Hi all,

 

After a bit of a false start obtaining statements etc we're on the hunt for misappropriated funds from my girlfriend's account, currently being looked after by NatWest.

 

The charges amount to £1,479, and having read on the forum the argument for contracturat interest versus statutory interest, we have decided the former option to be appropriate, especially with taylormandy's success against Nationwide.

 

I'm drafting the preliminary letter, based on the one in the library, and would be grateful for any suggestions for the wording to claim contractural interest.

 

Many thanks

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Mate a quick comment sounds great but you will need to edit the letter from the post as they are in a locked forum only for users.

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I am working on the basis that if I had taken funds unauthorised from NatWest the interest would be charged at this rate.

 

I liked Mindzai & Lucid's appreach to the MCOL with three options for the court to consider - the unauthorised rate, authoriased rate or the statutory one for the judge to select from sghould it go that far.

 

I also understand that if I do not claim contractural interest then the hjudge would not be able to award this after the event. I think I would rather fight the corner on the basis of reciprocity of contract rather than elect to claim a statutory 8% through MCOL should it go that far.

 

I guess only time will tell whether this will be successful.

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Mate a quick comment sounds great but you will need to edit the letter from the post as they are in a locked forum only for users.

 

Yhanks for the quick response but not too sure what you mean? I have already cut & paste it into a word document to make the changes - didn't know how to show that on the forum so just cut & paste again from my word doc to show what I had put together.

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Yhanks for the quick response but not too sure what you mean? I have already cut & paste it into a word document to make the changes - didn't know how to show that on the forum so just cut & paste again from my word doc to show what I had put together.

 

He means that you shouldn't have pasted it on the forum!

 

The letters are standard templates so there's no need to post it on here to see what people think.

 

Furthermore, the letter templates are available in the templates library for registered users only so we do not permit them to be posted elsewhere on the forum.

 

I have now removed the letter from your post.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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