Stephanie v NatWest **I WON * I WON**

[Angry_Princess]

I sent the letter to NatWest ' Letter before action' and told them i had calculated £2771.00 in Charges from my 2 accounts.

They sent me a letter back saying they dont belive the charges where unlawfull but are willing to give me £400. for one account and £175. for the other and a gesture of goodwill.

 

Obviously i am not going to take this!

 

Not sure now tho..

Do i start court proceedings straight away or send a letter declining their offer?

[bram stoker]

I would write to them declining their offer, refer them to your previous letter and remind them of the deadline you set. Keep to your deadline and take the next step at the right time. Good luck.

[Angry_Princess]

Thanks!

 

Done that now just gotta wait.

 

The 14 days dead line is monday so im gonna have to go and sort out the court proceedings now r'nt I.

 

Im quite nervous now!

[Angry_Princess]

My 1st response from Natwest was the offer and it came from the branch manager.

 

I sent him a letter declining the offer and i have now had this letter back from Stuart Higley (Customer Relations)

 

Thanks you for your letter which has been passed to me for my attention, im sorry you found this offer unacceptable. Consequently the offer is now formally withdrawn.

 

There will be no refund of £2,771 for which you have asked and i note you proposed way forward.

 

I am dissapointed to note you are contemplating legal action, whilst i hope you will feel able to reconsider, should you decide to go ahead, please ensure that any proceedings are served on our registered office address.

 

I am sure that this letter doesn't provide the answer you might have hoped to recive but nonetheless thank you for raising the issue with us.

----

Can any tell me if they have had similar letters?

Is this to put me off do you think or do they think i have no case?

 

Chreers,

[fallen404]

Yup. From other people's posts, it's a standard "P*** off" letter.

[Angry_Princess]

phew!

 

Also .. im confused about how to work out the intrest. Can any one advise?

 

On the spread sheet it says UNPAID CHQ CHARGE and CLEARED TRANSACTION etc

 

ive got unpaid chq chrges etc but not cleared trensaction...

ive got ... referal charges ... card misuse and charges that dont have n e thing by them just the date?

 

i dont understand it?

am i suposed to type ove the 'in respect of?'

 

thanks

[Angry_Princess]

Having read something on some one elses thread, it said its difficult to calculate intrest if you have been overdrawn the whole time?

 

Im really confused about adding up all the intrest, would it be better to just apply for the charges?

Could any one advise?

[Tristan28]

Hi,

 

I think you just delete whats already on the spreadsheet and insert what they have charged you, for example, 'unpaid direct debit, £38'. You enter the date on which they charged you and the spreadsheet calculates the interest to today's date.

 

Good luck!

[Angry_Princess]

Im sorry if i sound really stupid but im really stuck.

 

Please Help Me!!!!

 

im claiming charges for 2 natwest accounts from dec 03 - dec 05

 

It was the 14 day deadline last monday and i need to send my claim form in but i cant work out the intrest.

 

Is there any one who is in a similar situation who has cracked it and can advise me?

 

Thanks

[Angry_Princess]

Hi all. .

 

 

I still feel really confused about all this and looking at other peoples threads its not going to end n e time soon.

I am currently on benefits and dont have to pay court costs, should this mean i would be intitled to legal aid do you think it would be worth me getting a solicitor?

[Neo]

Ok let me get this straight...

 

You are getting ready to put a claim in to Money Claim.

 

You are having problems calculating interest so you can claim back in court?

 

First of all;

 

a) Do you have a list fo dates and charges and amounts that have been applied?

b) Have you downloaded the spreadsheet?

c) Can you open the spreadhseet and see it.

 

No need for a solicitor, but of course, that is your decision. Just remember there is no rush here...

[Bookworm]

Sorry you didn't get a response earlier, it got really busy after the new MSE newsletter, and we must have missed your post.

 

You won't qualify for legal aid on a small claim.

But you should qualify for court fee exemption.

 

Tbh, you don't need a solicitor. It's actually quite easy to do the claim form. And thanks to Dave's forms, working out how the interest should be straighforward. As Neo asks, let us know if you have the Excel sheet.

[Spiceskull]

As Neo asks, let us know if you have the Excel sheet.

Sorry, I meant to post to this thread - I have been helping Princess backstage with the spreadsheets...all ready to be printed out...I know nothing of the status for legal aid, so that advice is best left to others...

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[Bookworm]

Cool.

 

Brownie points to you.

[Spiceskull]

Cool.

Sorry? I thought you said earlier that I wasn't cool. Had a change of heart then?

Brownie points to you.

What about rep points instead...rep is a much nicerererer colour...

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[Spiceskull]

Thanks...I needed that boost

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[Bookworm]

Stephanie, sorry for hijacking,this won't take long, I promise!

 

Sorry? I thought you said earlier that I wasn't cool.

 

When did I say that?

 

What about rep points instead...rep is a much nicerererer colour...

 

Done. You shameless hussy.

[Spiceskull]

Stephanie - you all ready for Tuesday now? (ignore the hijackers around here...)

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[fallen404]

Look, I know we both have cartoons for icons, but that's no reason to confuse Bookworm and I with one another. Nor is the long blonde hair...

 

'Twas I who said you weren't cool. And I was seconded by your partner in illicitude.

[Angry_Princess]

Hi all!

 

Sorry for not replying, im not on line at the mo and having to use my parents.

 

Spiceskull has helped me now and ive got the spreadsheets sorted.

 

Im not using Moneyclaim b'cus im taking my claim form to my local court.

So just gotta fill that in.

 

Keep you posted.

 

Thanks every one!

[Angry_Princess]

Just filling in the form to print off now.

 

Can any one give me any tips on what to put in the Brief details of the claim and Value.

 

Some advice on how to word it and what i need to include would be great.

 

Thanks

[Spiceskull]

For the 'value' part of the claim:

The Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £[penalty charges total] and the interest charged thereon of £[penalty interest total]

b) Court costs

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges from [claim start] to [claim raised in court] of £[Total Interest (8% APR)] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.022%.

 

If you are claiming in person, print a couple of copies (from the spreadsheets,) so that you can leave a set with your claim.

Regarding the particulars, take your pick from details here:

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=681

 

However, it is VITAL at this point that you familiarise yourself with the various acts and regulations that you are referring to. It is 99.99% certain that you won't need them, but always best to be prepared. Go through the stuff in the library and FAQs one more time, to get your argument clear in your head.

 

Good luck.

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[Angry_Princess]

Thanks Spiceskull!

[Angry_Princess]

About the Brief details of claim section on the claim form...

 

Spiceskull, you have given me the link to particulars but ive already printed that off to go with the claim form b'cus on the second side of the claim form it asks you to attatch them, so i must have to put something different in the 'brief details of claim' part.

 

Any ideas?

 

Ta x

[Spiceskull]

This is what I put - but would suggest you check it over before copying it verbatim:

I have a contract with [bANK] dated [DATE], which is conducted on their standard terms and conditions. I am claiming a refund of money taken by [DATE] in the form of penalty charges over the last 6 years, plus the interest they have levied on those charges. The Bank's charges are a disproportionate penalty, and therefore unenforceable as they are contrary to common law. Further, as a

disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2 (1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. I have repeatedly asked the bank to justify their charges, but they have neglected to do so.The claimant claims interest under section 69 of

the County Courts Act 1984 at the rate of 8% a year from March 2000 to [CLAIM DATE] of £[AMOUNT] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.022%.

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.