Big Fight With NAT WEST ***WON***

[Deller]

I'd better pop an acknowledgement on the fax then.......FAO the idiots!! :lol: you're standard defence has been received...blah,blah,blah!!

[gizmo111]

I'd better pop an acknowledgement on the fax then.......FAO the idiots!! :lol: you're standard defence has been received...blah,blah,blah!!

 

I've stuck a letter on my thread for the idiots that I wil lfax later - take a peep and let me know what you think.

[gizmo111]

I've stuck a letter on my thread for the idiots that I wil lfax later - take a peep and let me know what you think.

 

Sending an idiot to university doesn't make them wise it just makes them educated idiots.

[Deller]

Yeah, nice letter Giz, I'll give it a little tweak to suit my claim and pop one on the fax myself - direct to The University of Idiots!!!

[Boo82]

Hi new to this been through the FAQ's and different threads and keeping my eye on your claim Deller. Seems to get a bit confusing when it reaches the court stage and a bit worried about the fees although people seem to get them back it's a lot to pay up front should i just read through the first stage and go from there obviously continuing to swot up on the other stages i have all my statements just don't want to rush into things and make a mistake! Help!!!

[Deller]

Welcome to site Boo82, its a very interseting read don't you think, I've been spending hours following other peoples successes enabling me to get as far as I have, don't know where I'd be without it.......very skint and still paying ridiculous charges I suppose.

 

With regards to your query, its not really that confusing at the court stage so long as you follow the correct guidleines. I was a bit hasty when filing my claim, hence the rather stressful time I've had the last week or so. And yes you do get back all the fees you pay...when you WIN!!

 

Just stick to the step by step instructions http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

and you'll do just fine.

 

We're all here to help each other,

 

Good Luck!

[gizmo111]

Hi Dellar - Are you going on the Bristol booze up next Thurs?

[Deller]

Didn't know there was one, where's it too??

[Deller]

Got home from work this evening to find a letter from Cobbetts reading as follows:-

 

Upon consideration of your schedule of charges we note that you set out in your schedule charges incurred in September 2000. Under the Limitation Act 1980, you cannot bring a claim more than 6 years after the date on which the cause of action accured. You issued your claim on 2 October 2006, and you are therefore only legally entitled to claim between the periods 2 October 2000 to 2 October 2006. As suc, you cannot claim for the first 2 entries relating to charges and interest on your schedule.

In any event, our client considers that your challenge to its charges would fail in Court. Our client believes that its charges are fair, reasonable and transparent. It considers that the amounts debited to your account have been applied strictly in accordance with your agreement with it and its published tariff, which it is satisfied complies with all the applicable laws and regulations. Our client is also committed to ensuring the transparency of the information that it gives to its customers about the operation of its products. As such, our client does not believe that your claim has any prospect of succeeding.

However, as a gesture of goodwill and strictly on the basis that our client rejects any liability to you, it is willing to offer you a goodwill payment of £2000.

Acceptance by you of this goowill payment will be in full and final settlement of your claim against our client and strictly on the basis that:-

1. you agree not to disclose to any third party the fact of, or any details relating to, this payment.

2. you write to the Court withdrawing your claim.

Whilst this letter is written without prejudice save as to costs, in the event that you decline this offer, we will draw this letter to the Court's attention on the basis that we hold the firm view that this offer is entirely reasonable in the circustances. This offer will remain open for 7 days until Wed 15 November 2006.

Cobbetts

 

 

I'm sure this is probably one of their standard letters but not entirely sure what happens now. I don't think I should be accepting the £2000 seeing as though I'm claiming £4153.83, plus the £100 AQ fee once its cashed, but am I likely to fail in court.

 

The bit about the Limitation Act 1980 has also got me a bit baffelled, yes I filed my court claim on Oct 1st, but sent my prelim letter on Sept 1st, so am I not within my right to claim back to then? As far as I'm concerned thats when my claim started.

 

The bit that makes me laugh though is how one minute they're saying they don't have enough information about my claim, and then they're reffering to this same info in their offer letter.....IDIOTS.

 

Any help and advice greatly appreciated!!

[Michael Browne]

The bit about the Limitation Act 1980 has also got me a bit baffelled, yes I filed my court claim on Oct 1st, but sent my prelim letter on Sept 1st, so am I not within my right to claim back to then? As far as I'm concerned thats when my claim started.

 

 

They're trying it on down to the last penny. The 6 years go back from when you firdt became aware of the unlawful charges and contacted the bank about them, ie the DPA letter if sent or your prelim.

[Deller]

Cheers Michael, I thought that was probably the case but wanted to make sure, you can never tell whether what Cobbetts say is true or not.

 

Any suggestions on whats next with regards to response etc.

 

I know I've seen something somewhere but this site is like a maze and I keep forgetting where I've seen things, or the things I've saved are on work pc!!

[Michael Browne]

Thank you for your letter dated xx/xx/xx.

 

I first contacted your client regarding their unlawful charges on xx/xx/xx and therefore disagree with your contention that some of these charges fall outside the scope of the Limitations Act 1980. However I am am happy to let the court decide on this matter.

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, interest and court fees, which together with the daily rate of £0.XX now total £xxxx as of XXth November 2006

 

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I trust this clarifies my position.

 

Yours faithfully

[Deller]

Cheers Michael, you're a star!!

[gizmo111]

Could stick this bit in as well

 

. I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

I trust this clarifies my position.

Check out here for the Bristol beer drinkers!

http://www.consumeractiongroup.co.uk/forum/bear-garden/40934-bristolians.html

[alanfromderby]

The next step is really up to you, and depends how confident you are with the legalities involved. If it were me, I would tell them where to stick there offer.

 

I would also suggest that they should consider themselves lucky you have not claimed charges going further back, since you believe that any limitation would be overturned under the terms of section 32 of the DPA, due to their continued "concealment" of the facts that their charges are unlawful, or for relief from a "mistake".

[Deller]

Thanks for the help guys, and yes Alan I think I'd also be inclined to tell them where to stick it, I will put together some sort of reply using the points you have all offered. Should I also send a copy of my reply to the Court and ask them to attach it to my claim? Also, should I send a copy of Cobbetts offer letter to the Court so they are aware of the fact that they are trying to fob me off with part payment?

[fryster]

Interesting to note, I've recieved no offer since returning my AQ! Funny how they play it differently with everyone. Would like to recieve a partial offer so that I'm that bit nearer the end. Not long now deller:)

[Deller]

Hopefully not Fryster, who knows........we might even get paid out at the same time. That will hit Nat West hard, 8k on two claims. :lol:

[Deller]

Right this is the proposed letter I've put together with the help and advice offered:-

 

Thank you for your letter dated 8th November 2006.

 

I first contacted your client regarding their unlawful charges on 1st September 2006 and therefore disagree with your contention that some of these charges fall outside the scope of the Limitations Act 1980. However I am happy to let the court decide on this matter.

 

Your client should consider themselves fortunate I have not claimed charges going further back, since I believe that any limitation would be overturned under the terms of section 32 of the Limitations Act, due to their continued "concealment" of the facts that their charges are unlawful, or for relief from a "mistake".

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, interest and court fees, which together with the daily rate of £0.XX now total £xxxx as of XXth November 2006

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentiality clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust this clarifies my position.

 

Yours faithfully

 

 

Does this seem satisfactory??

 

Anyone??

[gizmo111]

Yep -seems good to me except I would change the lucky bit to fortunate.

[ffrankie74]

do you know if you can claim from nat west or other creditors even if you have no present account with them? thanks for any help you can give.

[ataction]

ffrankie yes you can, retrospectively 6 years.

[Deller]

Should I also send a copy of my reply to the Court and ask them to attach it to my claim? Also, should I send a copy of Cobbetts offer letter to the Court so they are aware of the fact that they are trying to fob me off with part payment?

 

Any suggestions!!

[innocent]

Hi all

 

(I subscribe to this thread..... its certainly fascinating)

 

Well, as per my signature, I have never received an offer... but

 

how unusal is this? (i dunno)

 

No defence filed yet but received offer of £1700 from cobbetts on 9th (this represents approx half of my claim)

 

I will of course refuse (partial settlement etc), I WANT ALL MY MONEY BACK eh...

 

It certainly seems true to say that they are dealing with us all differently, or hap hazardly.... wonder if they know whats going on???

 

 

Regards to all

[gizmo111]

Any suggestions!!

 

No need at thsi stage - but make sure you ahve a copy safe.