Newliberia vs. Natwest

[newliberia]

Sent a letter requesting £1466 bank charges on 4th October. For some reason I filed my bank statements for the last five years most often unopened.

 

Today i got my reply - they have offered £355 pounds as a goodwill gesture believing that their charges are ' fair reasonable and transparent'. They 'consider the amounts debited to your account...strictly in accordance with your agreement with us' and 'complies with all applicable laws and regulations'. They include a bit of blurb about the Office of Fair trading invetigation into credit card charges and that they 'do not accept their findings to credit card fees'. All hot air if you ask me and it makes little sense in light of my request to get my bank charges back; in fact bears almost little relevance atall and appears purely misleading.

 

In their words 'my complaint is [not] resolved to my satisfaction' so .... on to the next step....

 

Got this response from a trusted CAG user Sufilala : accept their pathetic offer... as part settlement of the full amount, then drag them through the courts til you get full satisfaction

do you reckon they'd let you off if you offered to cough up $1000 short of what you owed them?

 

So on I go. Replied respectfully declining their offer but will accept the money offered as part payment only.

 

16 days more.

[Guest ian cognito]

Yes that about sums it up, if their charges are lawful etc. why are they offering you anything back?

 

Will they ever learn?

[newliberia]

Today I recieved a very prompt reply informing me that my complaint was to be refered to the Customer Relations Unit where they are 'more experienced in this area of the business' and 'will do thier best to resolve [your] concern...to your complete satisfaction.

 

Sounds nice really. They supplied me with 0845 numbers to call if I require further assistance and a direct number the the member of staff who signed the letters. They are to be in touch within ten working days....I gave them until 2nd November. The letter is dated 20th October.

 

Patience. I imagine to hit a brick wall soon.

[Wheresmewallet]

Today I recieved a very prompt reply informing me that my complaint was to be refered to the Customer Relations Unit where they are 'more experienced in this area of the business' and 'will do thier best to resolve [your] concern...to your complete satisfaction.

 

Sounds nice really. They supplied me with 0845 numbers to call if I require further assistance and a direct number the the member of staff who signed the letters. They are to be in touch within ten working days....I gave them until 2nd November. The letter is dated 20th October.

 

Patience. I imagine to hit a brick wall soon.

 

Ahhh 0845 numbers

 

Don't ring them unless absolutely necessary. They cost 10p per minute (6 or 7p per min or whatever goes to the organisation you are calling(Natwest) to call 0845 numbers I think. So sod ringing these to be put on hold for god knows how long and bang up your phone bill. Send another letter with your FULL INTENTIONS OF YOUR CLAIM (Using the templates), REJECTION OF PARTIAL OFFER including another copy of your spreadsheets including interest etc. All the details they need.

 

Don't back down and don't worry...It's your Money in the end they have taken

[newliberia]

A question on how to proceed....

 

Natwest reponded to my rejection letter and said I would hear by the 2nd November - nothing yet.

Should I just go ahead and file charges now - Sunday 5th, whether or not something comes in the post tomorrow?

 

Any sound advice welcome. Seems either that or send another letter including a demand for interest and demand an immediate response?

 

Thanks

Newliberia

[Deller]

If they havn't responded within the timescale then you are quite within your right to proceed with the next stage of your claim. So you should go ahead and file your claim.

[ataction]

I agree, stick to your timeline.

[newliberia]

Submitted a claim through MCOL.

No word from Natwest

I dont feel the need to inform them of it, directed to the registered office on Bishopsgate they can figure it out.

More awaits I presume.

 

If they hadnt charged me all that amount of penalty charges I would not have slid into their debt in the first place. ****ers.

[newliberia]

Nothing from the bank directly but recieved an Acknowledgemnet of Service for the 21st...by Cobbetts signed Lyndsey Burgoyne.

28 days more to see....

[wewonitfivetimes]

Your money will be on its way soon!

[newliberia]

Got Cobbetts defence and request for further information dated 11th November. What, exactly is CPR Part 18?

They request account information and following my claim 'the charges are a disproportionate penalty and therefore unenforcable as they are contary to common law' they want specific clauses and "whether the charges applied were due to a breach of contact by the claimant" and in each case the particular breach of contract (by reference to appropriate terms of the contact) that the charge related to."

Also "Please specify all of the facts relied on by the claimant in support of the contentions ('the charges are invalid under the Unfair contract terms act 1977 s.4 and unfair consumer contracts regulations 1999 Para.8 and Sch.2(1)(e) and Unreasonable within the meaning of the Supply of Goods and services Act 1982 s.15') and to "identify the contractual provision(s) that the Claimant alleges are invalid by reference to UCTA/the regulations."

 

Can somebody clarify what exactly they want? I have a detailed list of charges but the latter information I dont. Where can i get the exact and relevant texts?

 

Help!

[newliberia]

Just got an offer of £900 as a good will gesture from Cobbetts and the case questionnaire and defense through Lambeth Court. It will charge me another £100 and I have to respond by 8th January. Cobbetts offer extends to 4th January and they insist confidentiality and full and final settlement.

 

I guess this is a regular stalling tactic?

 

Any suggestions on how to proceed?

[newliberia]

Are there any vital statements I need to add to the Allocation Request???

Anyone?

[sufilala]

hang in there newliberia

$$$ will come soon :D:D

[Deller]

This should be written in Section G - other information.

 

I am respectfully requesting that my claim be allocated to the small claims track.

 

This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

 

 

[newliberia]

Got Cobbetts Allocation Request throught the post. Mine is up to Court on Monday.....Playing the last minute game.

[sufilala]

Gwan Newliberia!!!!!

[newliberia]

Much silence from both sides.

The case has been allocated:

District Judge Zimmels of Lambeth Court has ordered my case trasfered to the Mercantile Court......

Any comments or similar experiences?

[newliberia]

Small Claims Hearing - 20th February, 9.30 am. Mercantile Court The Strand.

Any one else coming?

[Deller]

Settlement should be fairly close then.

[newliberia]

Do you think I can sit tight and wait for them to come to me? Seems logical.

[Deller]

As I understand it, the fact that you've been given a hearing date will mean that Cobbetts will have received one too, this should be just the kick up the backside they require to sign that cheque and pop it in the post.