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

[Spiceskull 1,167]

Hi Stephanie,

 

Did you manage to fill in your claim form okay? If you haven't done it yet, then here is an extra bit of advice. When you go into the reception area of the court, ask the people there to help and advise you. I was there for an hour and I felt that they were the most helpful people I have met in years...

 

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

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[Angry_Princess 97]

Hi Spiceskull,

 

Just completed my Claim Form.

Going to take it in in a minute.

 

Oooh its so scary and exciting!

 

Ill keep you updated.

 

THANKS!!!

 

xxxxx

[Angry_Princess 97]

Recived 'Notice that acknowledgement of service has been filed'

 

Recived this morning. It says..

 

The defendant filed an acknowlegdement of service on 10 may 2006

 

The defendent responded to the claim indicating an intention to defend all of the claim.

 

The defendant has 28 days from the date of the service of the claim form with particulars of claim, or of the particulars of the claim, to file a defence.

 

 

Im hoping they are still just trying to scare me off!!

[Spiceskull 1,167]

Yes, they are trying scare tactics. However, what defence can they possibly have? You're probably a couple of weeks away from victory now - hang in there.

 

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

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[Angry_Princess 97]

I hope so Spiceskull!!

 

Just out of interest has any of the winners against Natwest had a default removed too?

[Spiceskull 1,167]

Have you got a default entered on your credit file by the bank?

 

Some banks are saying that they refuse to remove it, even though it isn't there to start with. Another scare tactic designed to befuddle and confuse...

 

Check your file with Experian...

 

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

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[Angry_Princess 97]

Experian isnt working at the mo it just keeps telling me to try again later so ill have a look then.

 

I have recived a default tho im sure.

 

Ill keep you posted tho!

 

Speak soon

[Spiceskull 1,167]

Did you manage to order a copy of your credit file...?

 

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

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[Angry_Princess 97]

Hi!

 

No, it said i need to send my birth certificate and a few other things. Pain in the bum.

 

Havnt had chance but will defo do!

[Angry_Princess 97]

Natwest have 3 days to reply!!!!!!!

[Angry_Princess 97]

Now i have recived from Cobbetts

 

1 Notice of Acting

2 Defence

 

Then a couple of days later the Allocation Questionare from court.

 

Going to take in the Allocation Questionaire today.

 

Just to check part A of the questionaire?

I dont want it to be postponed for an extra month to attempt to settle the claim do i?

And also Part G - Other Info? Has any one put any thing in this section?

[thecornflake 37]

Hi,

 

I asked for a credit report recently (Equifax I think) and all they needed was my address. I did it all online, and got it within a week.

 

Good luck with your claim against Natworst.

[Angry_Princess 97]

Thanks Cornflake, ill look at that one.

 

Id appriciate it if someone could give me their advice on the allocation questionaire so i can get it sent in.

 

Cheers!

[barracad 1,918]

Part A - No

Part G - Not applicable

[Angry_Princess 97]

Recieved this letter this morning:

 

Dear Madam

 

We have now had the opportunity to consider your claim more fully and in paarticular we have inspected your bank account statements for account numbers XXXXXXXX and XXXXXXXX.

 

Upon consideration of the bank account statements, we note that you have incurred a total of 2,797.00 of charges within the period of your claim. Acordingly, we cannot see how you claim the sum of 3282.13 in charges from our client.

 

Our client considered that your challenge to its charges would fail in Court. Our client belives that its charges are fair, reasonable and transparent. It considers that the amounts debited to your account have been applied strictly in accordance with your agreement with it and its published tariff, which it is satisfied complies with all applicable laws and regulations. Our client is also committed to ensuring the transparency of the information that it gives to its customers about the operations of its products. As such, our client does not believe that your claim has any prospect of succeeding. (their mistake, not mine!)

 

However, as a gesture of goodwill and strictly on the basis that our client rejects any liability to you, it is willing to offer you a goodwill payment of 1,600.00

 

Acceptance by you of the goodwill payment will be in full and final settlement of your claim against our client and strictly on the basis that:-

 

1 You agree not to disclose to any third party the fact of, or any details relating to this payment:

 

1 You write to the Court withdrawing your claim.

 

Whilst this letter is written without prejudice save as to court costs, in the even that you decline this offer, we will draw this letter to the Courts attention on the basis that we hold the firm view that this offer is entirely reasonable in the circumstances. This offer will remain open for 7 days untill Monday 3rd July

 

We look forward to hearing from you.

 

Yours faithfully

 

Cobbetts

 

Well as you can imagine my letter to decline their offer is on its way!

 

Do you think i must have made a mistake with my calculations though?

Will have to look through again.

[Don Quioxte 257]

 

Whilst this letter is written without prejudice save as to court costs, in the even that you decline this offer, we will draw this letter to the Courts attention on the basis that we hold the firm view that this offer is entirely reasonable in the circumstances. This offer will remain open for 7 days untill Monday 3rd July.

 

 

That is absolutely outrageous.

 

Go over your calculations just for peace of mind.

 

Then send the decline letter as you intend, though I might be minded to include the fact that should this matter reach court you willbe submitting to the judge copies of ALL of your previous correspondence undertaken in attempt to settle this dispute, and then allowing the Judge to conclude where the balance of mediation lies....

 

Further, I am sooooo incensed by that particular statement, that I personally would be including in my decline letter the fact that I intend to copy the previous correspondance to the Law Society for reference with regards a blatant abuse of the "Without Prejudice"" priviledge - this letter is intended to be written without prejudice to protect our client, but we will remove that priviledge where it benefits our client should you not conform with our request?!? How can you have one-sided, restrictive application of a fundamental, ethical (and legal) principle?

 

I particularly like

 

Upon consideration of the bank account statements, we note that you have incurred a total of 2,797.00 of charges within the period of your claim.

 

 

as a gesture of goodwill and strictly on the basis that our client rejects any liability to you, it is willing to offer you a goodwill payment of 1,600.00.

 

I would love to see how a judge view such an admission as "reasonable" on any grounds. How delightfully arrogant.

 

Good Luck:)

[Angry_Princess 97]

Hmm a bit worried now....

 

I couldnt understand the intrest n that so someone else (wont say who or they mite get bombarded with stupid ppl like me askin 4 help!) done the spreadsheets for me. Trouble is i think i must have done something wrong when i sent them my list of charges cus im sure Corbbetts wouldnt make a mistake, but cus i dont understand the spreadsheets i cant check!

 

do you think i should just say in my letter of decline that i had made an error and will inform the courts, Hopefully i should get my full offer soon judging how other ppl's have gone and doubt they will actually let it go to court.

 

Would appriciate some advice of a few ppl if any one can offer any.

[Angry_Princess 97]

Any one got any thoughts on this?

[Spiceskull 1,167]

The problem lies in the bank's consideration of what you are claiming:

 

Their calculations, and therefore their sum, is for penalty charges only. Your figures are for penalty charges PLUS interest on those charges.

 

You contest that the charges are unlawful, and therefore should not have been applied. As such, the bank should not have been charging you interest on the money it should not have taken to start with...

 

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

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[dgif1973 1]

Not sure if this info helps, but when I was going through my older Natwest Statements, charges are listed twice. Once in the actual statements on the date issued and then also at the end of that months statements. I almost listed some charges twice, but realised my mistake. I'm sure you haven't made the same mistake, but might be worth checking.

[Angry_Princess 97]

Thanks hun,

 

Ill have a look an check!

[Angry_Princess 97]

Your thoughts needed guys!

 

I recived Natwests Ofeer of 1,600. dated 23.6.06 then..

 

I recived a copy on Natwests Allocation Questionaire dated 26.6.06

In section A. Do you wish any further action in this claim to be postponed for one month so that you abd the other party can attempts to settle blah blah blah Natwest ticked Yes.

 

Just had a letter today from Court..

 

Notice of Allocation or Listing Hearing.

 

DISTRICT JUDGE PEAKE has considered the statements of the case and the allocation questionaires submitted in this claim and has decided that a hearing is neccessary before a final decision about the allocation can be made.

 

Reasons for hearings as follows: TO DETERMINE ISSUES AND LENGTH OF HEARING

 

DISTRICT JUDGE PEAKE orders you to attend at 15:30 on the 26 July 2006 at Birkenhead County court.

 

 

 

Can any one explain what this is all about and what will happen.

Im so nervous now!

[Spiceskull 1,167]

My suggestion would be to write to the bank - they will have received the same letter. Let them know that you have considered their response to section a, and this indiates that they would like some more time to agree to settlement before proceeding to court.

 

Therefore you are willing to discuss settlement. You will accept the FULL amount you are claiming, PLUS the costs and the interest, and WITHOUT conditions. You would also like them to confirm a date by which the money will be credited, AND cleared, in your account. If you are both in agreement with this, then the court can be notified that settlement has been reached.

 

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

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[Angry_Princess 97]

Ill try that hun,

 

Thanks

 

X X

[Angry_Princess 97]

Hi peeps.

 

Just wondering, does any one know about all this legal process?

 

If Natwest dont offer full payment before 26.6.06 and i have to go to my local county court what happens at this stage?

 

As i said in my previous post (see above post for full letter)

It says:

Reasons for hearing: TO DETERMINE ISSUES AND LENGTH OF HEARING

 

Has any1 else had this or had to go to one?

 

Who will attend and what will i have to say?

 

Thanks guys x