Ruth vs NatWest - not sure what next??

[msrlmoss]

Hello all,

At the beginning of October I started the process of getting my charges back from NatWest.

It was my husband's idea! I get quite nervous about money issues after years of paying back debts and the like and avoiding calls from debt collectors. I wouldn't have had the courage to do it except for the fact I am pregnant with our first and am doing it so I can actually have some cash to allow me to spend some time off work when he is born!

Anyway, I was expecting they'd owe me about £500. It was just over £2k when I got my bank statements back!

I wrote the first letter on 12th Oct, which is very kindly included in the templates here, and heard nothing, so wrote the letter before action. (I know it should only have been fourteen days but I was well busy in work and left the LBA until 3 November).

I'm a little unsure as what to do now though, as I got home today and found a letter from NatWest offering me £405 back. They want it as a full and final settlement of course, but I want all the money; £405 won't even pay off my overdraft and I want to be debt free when I'm on maternity leave.

I have seen the letter saying that I accept it but only as a partial payment, but this is the problem:

The letter says that I should also point out that they were given 14 days before I'd claim in court in my LBA.

However, the LBA was sent on 3rd November, so it runs out today, as it were.

It seems a bit pointless sending a letter saying, "I'll have the money, but as a partial refund, and by the way your time's up anyway so I'm claiming at court today as well", if you know what I mean.

Do you think I should give them another 14 days to reply? I'm not sure what to do now!

[Bigredbus]

Hello msrlmoss,

 

You already gave them 14 days on your LBA... This is now time to step up to the next stage and get on MCOL or go to your local Court and fill in a N1... Check the threads and template to get you particulars of claim right.

 

Good luck to you...

[bustle]

I've just filed my court claim on MCOL this week if you need help.

 

The POC is in the templates bit and also check the FAQ's.

 

I issued my MCOL on Monday - 5 days for it to be deemed served (that will be tomorrow) then they have 14 days to acknowledge it.

 

Am just ahead of you if you need any moral support:rolleyes:

[msrlmoss]

Hi bigredbus & bustle!

 

It is just that it seems a bit silly for them to have at least given me a partial refund, and then me go and take them to court straight away rather than say "thanks but er, no thanks, give me what you owe me" and give them, say, another fourteen days?

 

Bustle do you have to pay in advance (I would be paying £120 'cos I'm claiming just over £2k) when you file the claim? And do you put this in a letter to the bank, that you'll be claiming back the costs? Honest I have looked at the FAQs but I think I'm being a bit simple! Also, did they offer you a part refund?

 

Thanks,

msmoss x

[bustle]

You can file MCOL now. There is no need to inform the bank or write to tell them that they need to add the fee to the charges - I didn't.

 

The courts will notify the bank.

 

Yes you pay beforehand with a debit or credit card - you get this back once the bank settle as I understand.

 

You track the progress of the claim online and keep an eye on the post for letters, etc from the courts and Cobbetts. There are templates for any responses in the library section.

 

Early days for me yet so really a waiting game at the moment to see if they acknowledge within 14 days after being served, if they don't I can file a judgement but will need to read around the forum so I know what to expect over the next few weeks.

[msrlmoss]

Well, today's the day I go on MCOL and submit my claim! Had to leave it 'til I got paid otherwise couldn't have afforded the £120, but here goes!

Wish me luck people & I'll let you know how I get on!! xx

[msrlmoss]

Oh dear, should really have read through the whole thing in the FAQs 'cos I missed the bit where you have to say when your account opened. I had my account with NatWest since I was a kid, I don't remember, I take it I'll have to ask the bank tomorrow, seeming as I can't phone them ever since I forgot my password for telephone banking!

[Guest littlesally]

If you are on benefits or tax credit you may not need to pay

[Bigredbus]

Hi msrlmoss,

Following your thread... Good luck to you... Once filed, count 5 days for it to be deemed served, then another 28 days for Natwest lawyers to file their defence... Meanwhile they might offer you approx 50% of your claim in about 3 weeks time. Accept as a partial settlement only, reminding them that you'll pursue in Court for the remainder!

Good luck again!

[msrlmoss]

Hi Littlesally I am in full time employment with no benefits so have to pay, but it is a small price compared to the amount I'll get back (fingers crossed!!)

 

Bigredbus, I went to Natwest today to find out when my account was opened so tonight it's back to MCOL to do the deed! Will keep you posted!

[msrlmoss]

Right, I've done it....... feel really nervous 'specially at parting with one twenty smackeroons, but it has to be done!

[msrlmoss]

Well.... the saga continues.

 

I went onto MCOL and put in the claim, paying £120 out of course. I also wrote a letter, just prior to that, saying basically "thanks but only if it's a partial settlement" to the £450 odd they were offering.

 

Claim was deemed served on Friday 1st December.

 

Anyway, this morning, I received a letter from NatWest, offering me £1,347. If you take the £120 out of that (as that came out of my account) that's £1,227. That'd pay off my £1,000 overdraft and give me £227 for Xmas prezzies and baby stuff.

 

It's very tempting! Of course my husband thinks I should press ahead with the claim, but here's my question for which I want a really honest response.

 

Just to explain my situation a little, I'm five and a half months pregnant and should really be avoiding anything stressful. What I want to know is, for what is essentially an extra £800, how stressful is it going to be from this point in? I've read some of the stories, some people seem to have really gone through the wringer with threats from Cobbetts and closing down accounts and the like. I know it sounds cowardly and if I wasn't in "my condition" (how 1940's does that sound? ) I wouldn't even be thinking about taking this offer.

 

What are my chances of getting the remaining money back without too much stress?

 

Also, if I did decide to accept their offer, is there any chance of me getting my £120 back from the court?

[Deller]

I seem to be in the same sort of boat as you to some extent. My OH is also five and a half months pregnant, and if she had her way I would have accepted the previous offer of around 50% of what I'm claiming.

I wouldn't say it gets overly stressful, more exasperating, just when you think Cobbetts are gonna miss a deadline they get their response in right at the last minute. They've just done it again yesterday by returning their AQ.

I havn't received any sort of threat about bank account closure by any means, although this could be as I have a personal loan with them and they are insisting that all payments can only come from that account, but thats another story.

I think it would be well worth your while to hang in there and go for the full amount, you probably wont get paid out this side of Xmas if you choose to carry on, but it will be a bigger payout when it comes. Don't forget that now you've filed your claim through the courts you're claiming the 8% also, and this is going up daily. The longer Cobbetts put off settling, the more you'll get.

 

Stick with it!!

[msrlmoss]

Thanks deller1, The way I see it, I know this sounds like a cop out but I'm going to press ahead for now, but keep hold of the letter from NatWest. If it does all get far too stressful, I may capitulate and take the money. I'm also telling the hubby that he can take on the majority of the stress (I've been threatening, half joking, to sign my account over to him for ages; I know many people might be horrified by that but tbh my accounts such a nightmare that he would prefer not to touch it with a six foot bargepole!) as really he is the one who wants to press ahead. Since when did being pregnant turn people into such cowards? Ah well! ;-)

[Deller]

With the offer letter, was there a deadline for accepting the amount?

[msrlmoss]

No, there wasn't a deadline, but I changed my mind anyway, I want to go through with it now! What changed my mind? Well, I got a bank statement through for November and because I went a whopping great four quid, a whole day, yes, a massive great twenty four hours before I got paid, NatWest are charging me TWENTY EIGHT QUID for it! I got so completely ANGRY that I thought sod it, I'm going to go through with this!!! Fickle aren't I? I blame the hormones ;-)

[msrlmoss]

meant to say "went a whopping great four quid over my limit" sorry hope that makes sense now!

[kateandpete]

You're pregnant and getting worried about this. You should really go to town with NW. Go and get a note from your doctor saying this is causing you distress. Submit it as evidence and claim compensation at the discretion of the judge. I believe somewhere in the region of £200 is standard.

[Deller]

I'm really glad you've decided to go all the way, the banks deserve everything they're getting, and we deserve all our money back.

[msrlmoss]

Kateandpete, do you really think that I could do that :o, do you know how I would go about it at all, I mean, where I would send the doctor's note to? It certainly is stressing me out!! But I want to stick with it because the more I get back from NatWest, the longer I can afford to take maternity leave for, if you know what I mean.

 

Deller1 I just had a moment of cowardice I think!

[kateandpete]

OK this is a bit of a read, so sit down and get a cuppa.

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/22995-vodafone-default-removal-distress.html

 

This guy claimed distress at £400 per account. And he didn't have supporting evidence like a doctor's note. They paid.

 

At this point i reiterate my disclaimer... i am not a lawyer, i'm a clueless idiot and you don't need to take my advice. That said....

 

 

I have just spoken to my father-in-law, who is a GP. He says that he and most GP's would be more than willing to write a note for the court. He did warn that some may not, so choose a sympathetic doc. Take it down to your local friendly county court and ask them to add it to the supporting evidence of your claim. Ask to amend your particulars of claim - THIS WILL COST YOU about £35 (but of course claim this back from the bank).

Add a paragraph to your particulars of claim, something along the lines of, "The claimant is pregnant at the present time and claims the amount of £400, or such an amount that the court deems just, for distress caused. The Claimant submits evidence from her General Practitioner substantiating this."

 

Don't forget to copy your doc's note and new particulars of claim, one for yourself, send a copy of all this to Cobbetts informing them that the amount you require for settlement has increased.

 

As for the amount, £400, £800, £2,000,000,000. What ever you think IS just. Both you and I know that they ain't never going to defend and will pay you what you ask.

 

Bon chance!

[msrlmoss]

kateandpete, thanks for this, I have claimed though MCOL, would I still go to the county court do you know?

 

Thanks again it was really nice of you to ask your father in law for me! And you don't sound like a clueless idiot at all!!

[kateandpete]

I'm not sure how you amend a particulars of claim on MCOL, I'm afraid. My suggestion would be to ring up and ask. Whenever i've needed to talk to the court it's already been transferred to my local one and i've just wandered in.

I would think MCOL would have some contact details. Otherwise you could try calling Northampton CC. That's where it's administered from. They'll probably send you a form as you won't be local.

Let us know how you get on and good luck with the impending sprog. Ours are 10 and 4 now so not so little

[msrlmoss]

Right, I did the MCOL thing, but when should I expect a response? It says on the web site that my claim was acknowledged 29/11/06 but by when should they write back? I have looked through the FAQs but can't find the answer?

[ataction]

You should have a date deemed served. Then they will (probably) file a defence in around 28 days from that date, or settle. If they don't you win by default.