Fighting two banks at once! NATWEST are going to wish theyd never been born...

[marieclaire]

oh no. i have been reading threads on these pages now for some time, never feeling the need to ask for advice. but here i am. i have two claims going on at the moment, one for myself, and one i am overseeing on behalf of my fiance. mine is with barclays and his with NatWest. the thing is, they have both been sent off to court now and both claims have been acknowledged. i filled out mine first (rather hastily) with "claiming the bank charges levied against my account over the last six years. this is unlawful at common law and unfair as set by the OFT. This includes £1020 of bank charges and £236.27 of interest as a direct result of these charges" i realised this was probably too hasty when i filled out the next one and put (quoting the template letter) "claiming bank charges levied from my account over the past three years......unlawful at common law......OFT who reported on 5th april 2006......" then i go on to give dates from and to and the total amount. now i have read this thread and i am sorry to infringe on your thread with my problems but now i feel like i have done it wrong too! i havent heard anything apart from that the two have been acknowledged, and intend to make a defence. could they throw mine out for my lack of info at this stage???

[Tinkerbelle]

Did you not see the Particulars of Claim in the FAQ and Step-by-Step guide?

 

What exactly did you write on them?

 

Can you post here please?

[marieclaire]

stupidly i saw this after i filled it out, i thought i had read absoutely everything i needed to before hand then when i got the form i got mixed up and thought it was supposed to a kind of summary then i would get to do the big bit later on, but obviously i have since read the site and realised i was meant to do it then. they have both acknowledged and i am waiting for them to now come at me with a defence.....have i screwed it up?

[Tinkerbelle]

Well what did you write on the claims?

[marieclaire]

against barclays i wrote "claiming for bank charges levied against my account over the past six years. this is unlawful at common law and unfair as set by the OFT. this includes £1020 of bank charges and £236.27 ofinterest as a direct result of these charges."

then against natwest i wrote " claiming bank charges levied from my account over the past three years. the regime of fees which you ave been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at common law, statute and recent consumer regulations. additionally it has been confirmed that your particularly high level of penalties are condired to be unfair as set by the OFT who reported on the 5th april 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary. I wrote requesting 1224.67 plus 231.83 which you have charged me in overdraft interest for the sum which you have taken. total 1476.50. since this letter on the 14th september 2006 you have added a further 213.41 in charges to my account. 31/08/06: 17.26. 04/09/06: 38.00. 29/09/06: 12.77. 29/09/06: 28.00. 29/09/06: 38.00. 02/10/06: 38.00. 31/10/06: 13.38. 31/10/06: 28.00=213.41. Total= 1689.91"

[Michael Browne]

You need to amend the POC for both claims (£35 fee-unreclaimable) See here for N1 POC:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

 

Download N244 from here:

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForms.do

 

Fill this in and send it with 3 x N1 + 3 X schedule of charges to the court.

They will send 2 back to you 1 of which you serve (send) to the banks solicitors and confirm to the court you have done so.

 

N244:

 

1. Tick © without a hearing

 

Leave rest blank

 

 

Part A

intend to apply for an order that:

amends my particulars of claim

 

because:

my particulars of claim did not state the statutory provisions on which my claim relies

 

Part B

Tick evidence in part c

 

Part C

 

PARTICULARS OF CLAIM

"I respectfully request that the court allows an amendment to my particulars of claim to include the statutory provisions on which my case relies.

 

Please find attached to this application my proposed new particulars of claim, as well as a schedule of the amount claimed in respect of penalty charges levied by the defendant"

[marieclaire]

thankyou. ive just got all the forms and stuff together, ill send it off later today. ill keep you posted:-)

[marieclaire]

Hi everyone. Havent posted for a while but have been steadily observing quietly, using all the help given on here. Id like to share with you all that after reading the website earlier in the week whilst dealing with a Barclays claim (I know Im in the NatWest section) I found a number to call to ask about the court case (I was due in court on the 2nd feb), no questions asked, he asked for my claim number then told me he would settle IN FULL. I received letter confirmation this morning for £1376.27. I am so happy and so grateful for all the help given. Please keep going everyone its so worth it.

 

On the same day, this morning, my fiance received a cheque and letter from Cobbetts Solicitors (he was also due in court on the 2nd feb - freaky huh) with settlement in full for £1901.91. how amazing that we receive such good fortune on the same day.

 

It has been an exhausting experience, but when every person I knew told me to fold and take the offers I was the only one who continued, and that would not have happened had I not been so inspired by the overwhelming adivce I have received here. You do not realise how much this will help finance our wedding.

 

For everyone who is still at the beginning stages, please dont fold, this is the best thing that came out of my university experience!

 

Thankyou thankyou thankyou you people are the reason why I believe in miracles may you have as happy year as we will:-)

[Guest NATTIE]

Congratulations twice I believe. Nice start to the year

[Mister Twister]

WELL DONE!!

 

Please could you let me know how long after you submitted your Allocation Questionnaire you recieved a court date and recieved your cheque.

 

Not far behind you but would love to know the timescales.

[marieclaire]

i submitted the allocation questionnaire on the 10th november and then i got details of the court case on the 4th december. i received the cheque on the 18th january. hang in there dont back down! its been such a long battle and been quite exhausting at times but right now it is so worth it!