1ST POST -should I claim interest straight away?

[The Unfairy]

Hi

 

My first post on your lovely forums. Having been reading for awhile, I have decided to go for it. Sent the SAR [for the statements?] Got it and it looks as though they charged me around £1600. So I have a couple of questions. I have honestly tried to wade through all the posts, but have actually confued myself more!

 

1] Should I be claiming the £1600ish now + the interest as shown on your spreadsheet, which I have just completed? (MSE have slightly confused me on this step)

 

If yes: Are banks more inclined to deal with you if you haven't claimed this straight away?

 

If No: Is that because I will only claim the interest if it goes to court?

 

2] I have read on here that they only ask you to complete an AQ if the claim is under £1500, so even if my claim is over should I keep it under to avoid the AQ?

 

Sorry for being so dense,

 

Unfairy

[callumsgran]

Hi and welcome

1 no you dont claim interest at this stage

2 i'm not sure about AQ limits but i'm sure someone will advise you on that, i only dont know because i havent done one

Good luck!

[livelylad]

This will help with Question 2.

Allocation to track:

claims for money of £1,500 or lessno feeall other claims£100

 

This fee is payable by the claimant except where the case is proceeding on a counterclaim alone, when it is payable by the defendant.

Where a fee is due, it must either be paid when the allocation questionnaire is filed, or, if:

either

the court decides that an allocation questionnaire is not required;

or

the Civil Procedure Rules do not require an allocation questionnaire to be completed,

then the fee must be paid:

• within 28 days of filing the defence (or the filing of the last defence if there is more than one defendant); or
  
• within 28 days of expiry of the time for filing all defences.

Warning: if you do not pay the allocation fee when required, the court can make an order which may lead to your statement of case (claim or counterclaim) being ‘struck out’. This would mean that you could not proceed with your claim (or counterclaim).

[stoppaRed]

I understood that you could claim interest at this stage using the advanced s/sheet.

If you put the charges into the L/H side it will add them up for you. If you then insert the interest debited and the date and the account balance on the R/H side, the s/sheet will automatically calculate interest.

The claim letter also states the following

What I require

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .

I enclose a schedule of the charges which I am claiming with this letter

 

So I have sent of the list of charges plus the interest the s/sheet calculated for me. Should it go to the N1 stage then the s/sheet has also calc. the 8% rate as well.

Is this not correct?

[The Unfairy]

Hi

 

I don't quite know where to put this, so please feel free to move it, if this is not the place.

 

I have just last week sent Nat West by LBA, having heard nothing at all so far. So that is the stage I am at.

 

Last Saturday I paid in 2 cheques totalling just shy of £100, I checked the online system on Sunday there was an entry which showed the amount going in and then straight away back out again.

I called the telephoning banking number and was told, "You'll need to go back into the branch you paid them into and sort it out with them!" I said that was not possible as it wasn't a locally branch, so was then told that I'd have to wait Customer relations on Thursday, I asked why they couldn't call me on Wednesday to be told, "There is a queuing system and they are full for the Wednesday [HOW CRAP MUST NAT WEST BE, IF THEY ARE ALREADY FULL BOOKED FOR COMPLAINT CALLS ON THE WEDNESDAY?]

 

I pottered off and found the receipt and saw that in actual fact, the idiot cashier, who was too busy talking to his friend anyway, had keyed my credit in as cash instead of cheque so had reversed the credit back out. But had then not bothered to key anything back into the account.

 

I've called that branch this morning and they say that they will start an investigation to try and locate the cheques but that otherwise they wil contact the people who wrote my cheques, stop them and get them reissued!!!

 

Can this possibly be acceptable? The woman on the phone has been really, really offhand with me. So I am wondering if there is some sort of mark on my account now which says, "Claiming back charges- troublemaker"?

 

Also can anyone tell me if this should be possible...

 

I wrote a cheque for £200 and handed it to someone at 16:30, at 16:45ish they banked it. By 17:30 that night the cheque was showing as going out of my account!!!

Is that possible either? I paid the cheque knwoing I was being paid the next day and having no idea that the cheque could possibly go through so fast. I was then charged around £30 for not having funds available. But could that cheque have possibly cleared within 15 minutes anyway?

 

I swear Nat West are getting worse, the woman told me they almost never lose cheques but this isn't the first time they have done it to me and I would like to know what my rights are and can I claim any compensation from them? I wouldn't bother normally but due to their lack of customer care skills, I feel compelled to try!!

[stan5131]

I would suggest you pm (private message) Natweststaffmember. He should have the answers for you.

[Guest NATTIE]

I have the answer already. Check the account tomorrow because no work that was cheque work leaves the branch til today. I read the top of it. The cashier has initially entered the amounts as cash which was reversed and will show on the statement as correcting entry. Bank Holiday Monday and Tuesday. The keying bit in relation to cheques is to printout paying in slip it does not process it to your account. That does clarify it

[The Unfairy]

Thank you both for your help. Hopefully they will get it sorted ASAP then.

[Guest NATTIE]

It is sorted if you look at your account today

[stan5131]

Natty - how do you know that?

[Guest NATTIE]

Because the circumstances on post 1 and the fact the saturday through to Wednesday no cheques were processed. Christmas and boxing Day and no banks working nor cheque processing on bank holidays or weekends. SO cheques would have been sent for processing yesterday, therefore showing on the account as being paid in yesterday. I have been there, made the mistake, made the correction and explained to customers how it has happened so no cystal ball working on this occasion:D

[The Unfairy]

Hi

 

So here it begins then. At the end of November I sent them the prelim letter. I heard nothing. On Dec 21st I sent them the LBA [thanks to the templates on here] and heard nothing back. Until last Friday when I finally get my first S.Higley missive with the usual "We have been very busy and thank you for your patience" blah blah. this was, he said, in reponse to my letter of 30 Nov [the premlim].

 

So even though he has only just acknowledged the Prelim and not even mentioned the LBA, I take it I now go onto the actual court claim. I have read tonnes of threads on here and the FAQ and think this is where I go to MCOL is that right?

 

AGain I have looked on here and know I saw something about how to fill in the form, but can't find where I saw it, if anyone has a link I would be very grateful. Finally can I just confirm that at this point I can now also claim for the interest at 8% as shown on my spreadsheet?

[The Unfairy]

Just read dave882's thread and it looks as though it would be better to go the N1 route rather than MCOL? Would anyone else agree with this?

 

I am looking to claim back around £2900.

[Guest NATTIE]

This does seem right, you have given NatWest a lot of time so it is time to sue the bank. The basic spreadsheet should help with the 8% interest at court stage

[Guest ian cognito]

Yes correct on all points.

 

You'll get varying opinions on MCOL vs N1, the space on MCOL is limited and I personally think claims are being dealt with a bit quicker going to local courts on N1 forms but I could be wrong?? The other advantage of N1 is that you can take it to the court yourself and familiarise yourself with the surroundings. The advantages of MCOL are that you can do it from your PC with little effort.

 

Templates for both are in the templates library.

 

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

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

[The Unfairy]

Thank you for your feedback and the links to the templates. I think I will go the N1 route then as I leave near my local court.

 

I have uumed and ahhed about carrying o but today NW made another mistake on my account and I had to spent 40 minute in mybranch to try and sort it out with a clerk who had no idea what they were doing, this made the fight come back into me.

 

I'll update my spreadsheet tonight and then add on the 8% interest for the first time.

[Guest NATTIE]

If it is not charges per se related give me a Private Message(remember no account numbers to me, just what happened) as I am an active and current member of staff and know processes and procedures very well.

[The Unfairy]

Sorry Nattie, only just saw your message this morning and in the meantime NW have contacted me to apologise and a more senior staff member has sorted out their latest snafu. I am grateful though for your offer. I tell you they get worse and worse, a few months back they put through a cheque as £119.90 when it was for £11.99! After 2 weeks during which they kept the £119.90 while they 'sorted it out' and never once phoned me during that time I got my money back but no explanation. That is one of about 20 things they have done wrong over the last 3 years, I have a cupboard full of champagne, endless boxes of chocolates and I dread to think the amount they have spent of sending me flowers for all the cockups they have made.

[Guest NATTIE]

I know cases when that happens and is a misread when it is processed. At least it is sorted out now, well, that part of it anyway.

[The Unfairy]

*****UPDATE******

 

Well in response to my LBA letter, I have today been sent a letter by the lovely Mr. H in which I have been offered a settlement.

 

I don't want to list the exact figures in case that could tell Natwest who I am [O am sure they read this forums] but...

 

For instance say my claim was for £1000 + £225 interest?

 

Well he has offered me £920.00

 

With no need to sign confidentiality but as a F+F, no mention of closing the account and I am taking it that this wouldn't stop me claiming again in the future if needed?

 

My DH and I have just had a giggly conversation about this, 3 months ago, I thought the money had been paid out and lost for good, so I am going to hugely better off with this offered amount and since it is pratically all of the original claim anyway, I sort of feel that i can afford to let them off the interest as this was money I never gave them in the first place.

 

Seems a fair offer to me, I know I would most lightly win the extra in court but how long would I be looking at really?

 

If I send back acceptance today, how quickly would I get the money?

 

Or if I take this further how much longer could I be looking at?

[OldBear]

Hi Unfairy,

 

I can't comment on timescales, but I would say that if you are happy with the amount offered, and can't be bothered with all the hassle of carrying on, then take the money offered.

 

With no need to sign confidentiality but as a F+F, no mention of closing the account and I am taking it that this wouldn't stop me claiming again in the future if needed?

 

I'd be careful about how you take what is said in the letter. If you got the same as I got, then it is hinted that they would downgrade your account if you weren't prepared to accept the charges in future.

 

OB

[The Unfairy]

Thanks

 

I have decided to settle foe the money offered, I was only expecting to be offered about half initally. So I am happy with the 92% and it means I can cross this one off and start on the next fight. hmmm who to go for next!

 

Can someone change the name of my thread to Settled or something or move me to successes? I will be making a donation once the money is through.

 

thanks for all your help on here, folks!

[Guest NATTIE]

Congratulations!!

[Guest ian cognito]

Well done! far better than a kick in the teeth as the saying goes!!!

[The Unfairy]

Hi

 

I reclaimed from Natwest a few months ago, so I know the process this is a slightly different problem and I wonder if someone can help?

 

I have several times had a problem with their internet banking service. I check and it tells me I have £? available so I spend some of it and then find that actually the system hadn't updated and I didn't have that money at all. Up until now that has been a vague problem and something that annoyed me but this week it became a bigger issue when I spent some of what was supposedly available only to find the next day that it wasn't so they charged me £140 in guaranteed card payments and 2 lots of £38 for paying out on cheques or stopping DD's.

This left us overdrawn so when the next DD came out, because we were overdrawn this bounced and they charged us another £38, now because they have taken all of this out when today my husband got paid they have taken it all out in the charges, left us with nothing and charged a further £105.

 

I know they 'can' do this, but would I be in a position to do anything about it? Because:

 

1) Their system showed I had money, so I spend some of it.

2) I could accept the first set of charges at a push but the charges that have come after it have actually stopped some other direct debits going through so they have charged me again. If they hadn't charged so much in the first place, the second lot would have gone through.

 

Ideas anyone?