cableguyjim vs NatWest ***SETTLED IN FULL***

[cableguyjim]

Hi all

 

Not posted here in a while, after my string of successes earlier in the year, but I've finally managed to get my copy statements out of NatWest and added up how much they owe me. It's an eye-popping £3,509.42! :o

 

So I sent the preliminary letter on Saturday and this morning received what appears to be Stuart's Standard Sod-off Letter, saying they think the charges are fair, won't tell me how they calculate them, and won't be giving me any money back.

 

Now I'm a little rusty on procedure - should I send my LBA now, or wait until my original 14 days is up (which will be the 28th - my birthday!)?

[Lager_Lou]

Personally I'd wait 14 days, so that if & when you go to court, you can prove to the judge how reasonably you've acted

[cableguyjim]

OK, cheers. I'll keep you all updated!

[cableguyjim]

Well, I waited, and sent off my LBA - and got the reply today saying they had nothing further to add, so since the 14 days is up I'm going to Reading County Court armed with an N1 form tomorrow to file my claim!

 

I just wanted to check though - under Value on the N1 form, I've simply spelled out in words the total amount I'm claiming including court costs and interest - does this sound right?

[The cobbett slayer]

I actually left that blank on mine and it hasn't been questioned. We're at the AQ stage now and I would have thought that Cobbetts would have had a go at that if I was wrong to leave it.

 

What you have said would appear to make sense though

[cableguyjim]

Thanks Paul.

 

I went to Reading County Court and handed in my triplicated claim form along with £120 this morning. Adds up to £4,544.89 including interest! Now I just need to wait for the court to send me the acknowledgement with case number, etc. and see what NatWest's response is!

[cableguyjim]

OK, got my claim number - 6RG07087, deemed served on 17th November 2006.

[Guest Mumofthreeboys]

OK, got my claim number - 6RG07087, deemed served on 17th November 2006.

 

Have you PM'd a Mod with these details so they can go into the 'Litigation Section'?

[cableguyjim]

No, I hadn't - forgot that bit. Thanks for the reminder!

[cableguyjim]

A development! Received a letter from NatWest Cards Customer Services today, dated 20th November, which reads as follows:

 

Thank you for your letter dated 30 October 2006, concerning the charges that have been applied to your account.

 

The Terms and Conditions that you agreed to when opening this account do state that if we do not receive your payment by the due date given on your statement or you exceed the assigned credit limit on your account, then interest will automatically be calculated and you will also receive a default charge.

 

As advised on the reverse of your monthly statement, it is recommended that sufficient time be allowed for payment to reach us by the given due date. NatWest has considered the Office of Fair Trading's' [sic] view that fees charged by credit card companies are excessive, and do not represent the actual losses incurred.

 

NatWest is committed to ensuring that its customers understand its charges and we provide them with every opportunity to avoid paying them. We do review individual cases where fees have been applied to credit card accounts, treating each one on its own merits.

 

Whilst NatWest strongly disagree with the Office of Fair Trading's legal position on credit card default charges, has lowered its late payment and over limit fees for credit cards to £12. Therefore I have refunded the difference of £42.00 and enclose a cheque for this amount.

 

NatWest Card Services and NatWest PLC are in fact separate financial institutions that form part of the RBS Group. Therefore, you will need to contact your account holding branch, in order for them to investigate the charges applied to your bank account.

 

I trust my letter has dealt with your concern and brings this matter to a satisfactory conclusion.

 

Yours sincerely

 

Lesley Sandford

Senior Customer Advisor

Customer Care Team

 

Now, I've already filed my claim which was deemed served on November 17th. Do you guys think I should send the cheque back with a letter saying I've filed the claim, or cash the cheque and advise the court that the defendant has paid £42.00, and my claim should be lowered by this amount (minus the interest that has accrued since November 15th)? I would of course copy any letter to the court to NatWest.

 

The cheque is payable simply to my name, no restriction on what account I can pay it into.

[cableguyjim]

*bump!*

 

Anyone got any ideas what I should do about the cheque detailed above? Thanks.

[cableguyjim]

OK, thanks to the wonderfully helpful guys in the CAG chat room I've decided to send the cheque back to Cards Customer Services with the following letter:

 

Dear Sirs,

 

ACCOUNT NUMBER: 4263 xxxx xxxx xxxx

YOUR REF: LS/xxxxxx

 

Thank you for your letter dated 20 November 2006.

 

Unfortunately, as the deadline for return of charges set in my previous letter has passed, a claim has already been filed with the Reading County Court for the full amount plus court fees and interest as allowed under section 69 County Courts Act. This has been filed against National Westminster Bank plc at the registered office. The claim number for your reference is 6RG07087.

 

I therefore respectfully decline your offer of £42.00 and herein return the cheque which was enclosed.

 

Yours faithfully,

etc.

 

Sound alright?

[Deller]

This certainly looks good to me, should do just the job!!!

[cableguyjim]

Letter from Reading County Court this morning - NatWest have filed an Acknowledgement of Service on 29 November, giving Cobbetts name and address for service of documents.

[cableguyjim]

Received Cobbetts' 50% offer letter yesterday, offering £2400. Amusingly, they got my postcode wrong - but it got here anyway!

 

I have, of course, written back advising that I will accept but only as part payment, updating the amount with interest to £4683.42 and saying no, I won't keep it confidential unless they want to offer me further consideration!

[cableguyjim]

Received a copy of the defence in the post this morning - and they even got my postcode correct this time!

 

1. This Defence is filed and served without prejudice to the Defendant's case that the Particulars of Claim do not disclose reasonable grounds for bringing a claim against the Claimant to recover the bank charges (and interest thereon) referred to in the Particulars of Claim or any other sum(s). In the event that the Claimant does not properly particularise his claim then the Defendant will apply to strike out the claim and/or for summary judgement in respect of the same.

2. On allocation the Defendant invites the Court to direct that there be a case management conference in order for the Court to consider the making of appropriate orders to give the Claimant the opportunity to properly particularise his claim.

3. No admissions are made as to what charges have been debited to the Claimant's bank account.

4. In relation to the allegation that the contractual provisions pursuant to which the charges have been applied are unenforceable by virtue of the Unfair Contract Terms Act 1977 ("UCTA 1977") and/or the Unfair Contract Terms in Consumer Regulations 1999 ("the Regulations") and/or the common law, the Claimant is required to identify:

4.1 (a) the section(s) of The Unfair Contract Terms Act 1977 ("UCTA 1977"); (b) the regulations of The Unfair Contract Terms in Consumer Regulations 1999 ("the Regulations"); and © the principles of common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable; and

4.2 the contractual provision(s) that the Claimant allege are invalid by reference to UCTA 1977 and/or the Regulations.

Until such time as these sections/regulations/provisions are identified the Defendant cannot (save as appears below) plead to the allegation referred to in paragraph 4 above. The Defendant therefore reserves its right to plead further to the allegation once (and if) the Claimant identifies the relevant contractual information.

5. Save as hereinbefore appears the Defendant joins issue with the Claimant on his claim(s) and denies that it is liable to the Claimant as alleged or at all.

 

I've written a quick reply to Cobbetts acknowledging receipt, but I assume I now just sit back and await the Allocation Questionnaire?

[Deller]

Correcto mundo!!!

[cableguyjim]

Received AQ this morning from Reading County Court, with a return deadline of 4th January... and have decided to wait it out rather than returning it straight away. I do hope I get a cheque before the 4th!

[Deller]

You never know.

[cableguyjim]

Handed in my AQ this morning along with the £100 fee. Also sent a copy to Cobbetts, with a covering letter:

 

Please find enclosed a copy of the Allocation Questionnaire and Draft Order for Directions submitted to Reading County Court today in connection with the above case.

 

Would you please be so kind as to acknowledge receipt.

 

Please note that including interest and costs, the total amount of this claim now stands at:

Original claim: £3,509.42

Interest: £1,071.76 (calculated to 1st January 2007)

Court costs: £220.00

Total: £4,801.18

 

Yours faithfully

etc...

[cableguyjim]

OK, finally got the allocation notice through in the post this morning! I've been allocated to the Small Claims track, and the District Judge has accepted the Draft Order for Directions in full, only chaning the deadlines slightly to give both parties 21 days instead of 14.

 

Hearing date is 12th March, 11:30am at Reading County Court. Now I've just got to get all the documents required in the Directions together!

[muggins73]

Good on you for reaching this stage.

 

Make sure you get everythign together and sent to the court in time, you probably wont need to as natwest usually cave-in. I'd say you'll have an offer of full settlement by say, 4 weeks tops!!!!

 

Good luck.

[cableguyjim]

OK, bundle handed in to Reading County Court and posted to Cobbetts (1.35Kg!) this morning as per judge's directions.

 

Three weeks, Cobbetts! Give me my £4,820 (including interest and fees!)

[Deller]

Good for you Jim, it can't be long then now before that long awaited cheque arrives!!

[muggins73]

Excellent:D

Not so excellent about the postage cost, though. i bet that set you back about £5.00 (down right extortionate, maybe we should consider taking the royal mail to court for there unreasonable tariffs!!!)

As deller says, not long now, that fat cheque will be finding its way home pretty damn soon, me thinks!!!!!