Mupster v NatWest

[Deller]

You are correct in thinking you should proceed with court action as of the 1st Dec, the LBA clearly stated that they have 14 days to respond and once the deadline was up then you'd be starting a claim against them. Although they have replied, it is not in the way required, and not offering you full settlement.

Decline their offer with the letter in the link below, this letter does not offer any further 14 day period, it just reiterates the fact they had 14 days from the date of the LBA. The letter does not effect any dates, it is simply a response to their offer, stick to the timescale and proceed with your claim.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

[Deller]

No problem Mupster, I've had to ask lots of questions myself during my claim. No case is the same and it certainly does make the process a little easier with everyone on this site sharing their experiences!

[Deller]

You can go ahead and send your schedule to the court now, use this cover letter:-

 

 

 

(YOUR ADDRESS)

The Court Manager

Money Claim Online

Northampton County Court

21-27 St Katherine’s Street

Northampton

NN1 2LH

 

(DATE)

 

Dear Sir/Madam

 

(YOU) –v- (BANK)

Claim No: ********

 

I have today requested the issue of a County Court claim via the Moneyclaim online service, details as above.

 

Please find enclosed a schedule of the money taken from me by the defendant bank by way of charges, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached with the particulars of my claim.

 

 

Yours Faithfully

 

(YOU)

[Deller]

Yes you can do that Tracey.

[Deller]

You will more than likely receive another offer yet, so you can add this to your future response.

[Deller]

deller is a gaurdian angel...im just a wee grasshopper...lol

 

Tracey

 

I'll have you groomed in no time Tracey....

[Deller]

Don't lose all the confidence you've built up in getting yourself this far, this is totally normal in the way your claim is panning out.

In the next day or so you'll receive a copy of their defence along with the 'Notice of Transfer of Proceedings', you may also get the cpr18 request - although not every claim goes down this route, mine didn't. Then the AQ will come, and yes I'm afraid you'll have to cough up a further 100 quid (reclaimable).

 

In general, most claims with Nat West do go this far so don't be alarmed that yours has too. My claim was settled 15 days after the AQ deadline, and Cobbetts even had their defence struck out, so my feeling is your pretty close to getting yours.

Have another read through some of the recent successes and you'll see that your claim is taking a pretty similar route to most others.

[Deller]

Don't worry I was exactly the same with my claim, sometimes you just need someone else to tell you you're on the right track.......even though you already know it yourself!!

[Deller]

Deller you have really blossomed since your early posts on your thread - you were in a panic most of the time just like me - now you are a great source of guidance to us lot still going through the process!

 

And once your claim has settled you too will be the same!!!

 

Oh, apparently I have to spread it around a bit first

 

It's the thought that counts!!

[Deller]

Hi Mupster just got your pm so thought I better come over and have a look. All you need to do is reply with this letter.

 

Dear Sir or Madam:

 

Claim No:

 

I Acknowledge the receipt of the defence posted on behalf of National Westminster Bank plc.

I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative

Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. However, for clarity, I confirm the charges I am claiming were applied to the following account:

Account Name:

Account number:

Sort Code:

 

Please also find enclosed a breakdown of all charges I am claiming.

 

Yours Faithfully

 

Keep a copy and you will be able to send to the court if required.

 

Have a read through the cpr18 request sticky thread.

[Deller]

Glad to be of help, let me know if you get any more problems and I'll do my best to help you through!!

[Deller]

Don't worry Mupster I received exactly the same letter, they certainly try it on don't they. You are correct in thinking that your claim starts from the date you sent your preliminary letter. Send this as a response, it did the job for me!!

 

Thank you for your letter dated Xth January 2007.

 

I first contacted your client regarding their unlawful charges on XXth XXXXXX 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 January 2007.

 

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

 

[Deller]

This is like you say Mupster, pretty standard. You've replied to their cpr18 request as advised and, as you've stated it's the court who can request this information not Cobbetts.

 

The courts are quite aware of these tactics they are trying to use and must be getting pretty fed up with them. It might be worth your while now forwarding a copy of your response to the court, at least then the court will be aware that Cobbetts are still trying this on.

[Deller]

It certainly wouldn't hurt to phone the court and see where your claim stands.

[Deller]

Hang in there Mupster your day will come, it wont get to court, your cheque will be with you before that happens.

[Deller]

Well what did I say Mupster, a long battle but got there in the end. Fantastic news, now enjoy spending.