Chita vs Natwest

[marshasorell]

I started this process in July. Since then I have had letter to from the bank to say they won't pay and their right. Then filed online Moneyclaim. Letter from Cobbetts to say POC isn't clear. Sent information again and then recieved AQ and change of court letter to my local borough. Just recieved a copy of Cobbetts AQ.

Now I'm just waiting. I don't know what for but hopefully a check! I am going home for 1 month, which I stated in my AQ form. Just wondering how much longer this will go?

 

Chita:rolleyes:

[kateandpete]

Hang in there! They will settle.

[natwesttookmymoney]

Hi, Chita

 

I'm posting our correspondence here to bring it back up to date and so's everyone else who may be interested can see what's going on. It will also help you to locate your thread again!

 

1. Marshasorrell to Natwesttookmymoney

 

I just recieved a letter from Cobbetts to say that they didn't think my calculations were right ( I did send two different quotes) and to resubmit calculations and that I couldn't claim for interest charged on the account on top of Court interest rate of 8%.

However they will pay £1400.00 as a good will payment.

My question is that I have a balance in my account of around £2500(I claiming charges from this account). Can I ask them to close my account and settle my bill but still take the £1400.00 and have them also pay my court fees of 235.00.

 

2.(reply from Natwesttookmymoney) Hi

 

Sorry I didn't get back to you earlier. I was at a funeral and then a Nativity Play rehearsal (I'm narrating a bit of Joseph).

 

First, I'm not a lawyer so don't take anything I say as legal advice. It isn't. It's my opinion, nothing more.

 

Without seeing what you sent it's difficult to offer a comment - I don't even know how much you are claiming, and how their offer compares with it. As for goodwill, how much did they show you when they were taking money from you? It is their will, certainly, but it isn't good.

 

But take it easy, relax. We can move forward and help you get back what you're owed.

 

First, you can claim back Court fees. They seem rather high - mine so far have been £250, because I'm claiming over £5000. How much are you claiming?

 

As you filed at MCOL, it sounds like the letter you got from Cobbetts was pretty standard - that they didn't have full particulars of claim, they're embarrassed, etc. They've sent out loads of them, so don't be intimidated.

 

On the quotes, simply make sure your calculations are correct. Are you using Vampiress' spreadsheets? They're excellent and very accurate. If they are correct, stick by them. Or even ask Cobbett's to submit their calculations. Ask them what they think the interest is. That'll get their attention!

 

If you have been in overdraft, then you have been paying interest on the charges and you're entitled to claim it back. If you haven't been in overdraft much, then you can still make a case that you have been denied access to the money and charge them the same level that they would have charged you. That's an equitable principle but it requires argument. Without knowing what your circumstances are, I can't comment in detail.

 

Is the balance on your account - £2500 - overdrawn or in credit? I suspect it's overdraft but please confirm. If you have been in overdraft, and have been charged interest, it's a lot easier - it's a demonstrable loss and you're simply claiming back what is rightfully yours. It is perfectly acceptable to claim statutory interest - the 8 per cent - in addition. That's a kind of compensation.

 

Cobbett's know these things. They possibly also know, from the correspondence, that you haven't had much help. They will try and intimidate you: that's part of the reason for this forum - mutual self-help. Let the forum help you: post up all the correspondence and details of your case. Let's have a look at what you've sent them and they've sent you.

 

Don't be ground down. They don't decide whether the 8 per cent interest is claimable - the Court does. Same with the interest you've paid. The Court decides if it's claimable, not them.

 

If you read through other threads in this forum - look particularly at the successful claims - you'll see lots of other people have had these intimidatory letters from Cobbetts. They can get stuffed, and you can tell them so from me!

 

And yes, you can claim back the Court fees. They know that perfectly well. they're trying to frighten and browbeat you into settling. Don't be ground down.

 

Remember - it costs them about £1 tops to stop a cheque, DD or SO, assuming they write to you about it. It costs even less to enter 'card misuse fee' on your account. They've been charging you £25, £35 or £38. Is that right? Are you really going to let them get away with it? Or even part of it? They've made part of your life a misery. They don't deserve your consideration and they don't deserve to get away with a 'goodwill gesture' that's much, much less than they have taken from you.

 

Have a good night, if you're still awake! Otherwise, good morning! Hope you slept well.

 

Best wishes

Westy

 

 

3. From MarshaSorrell

Thanks for getting back. I have to have my letter in by Tuesday so just trying to get as much advice as possible. . Sorry didn't make myself clear in last quote. My court fee was £135.00 was for MCOL and also another £100.00 to change courts to my local borough. My charges are wrong because I think I put everthing down as charges and didn't say what was the interest. I will redo spreadsheet today. I am overdrawn around -£2500.00 but have been paying £60.00 a month for about a year and half and it just doesn't go down because I pay so much interest each month.

So I will use the templete letter that I will take the £1400.00 as part payment of the total cost ..... including my court fees. Hope that works!!

 

4. Westy to Marshasorell

 

DO NOT reduce the claim by £1400 UNLESS they have ALREADY PAID IT.

 

If you write back to them, as per the template letters, rejecting the offer in full and final settlement but accepting the £1400 as part-settlement, they will withdraw the offer. That's standard - so you ain't gonna get it until you get the lot. Or settle. Up to you but do you really, really want to settle for less than half of what they owe you?

 

Chita, they are trying to intimidate you.

 

Who wants the letter by Tuesday - the Court or Cobbetts? If it's them, they can wait. Believe me, if you decide to accept and are a couple of days late, they will settle - they'll be delighted to do so.

 

Anyway, I think you're getting in a bit of a muddle. Not surprising, but let's take it step by step.

 

First, how much are you claiming back in charges?

Have you been in overdraft the whole time?

If so, what are you claiming as interest?

 

Answer these three questions and then I can help you with your spreadsheet.

 

Can we post all this up on your thread? It would be helpful, because there would then be more than one set of eyes looking at it and the chances of error will be greatly lessened.

Best

 

Westy

5. Marshasorrell to Westy

 

Thank you for replying.

I am in and over my overdraft - £2390. I pay £60.00 a month which I have been paying for about 2 and years it comes to about £1800.00. But during my repayment time I haven't seen my balance change because I'm basically just paying interest fees and charge each month. I am claiming £ 2996.42 in charges and 754.77 in interest. I am also claimiing £235.00 for court fees. Grand total of £3956.19.

Going to send letter tomorrow but don't know if I should jsut refuse or say will take partial payment?

Thanks,

[natwesttookmymoney]

Ah.

 

Just found out it's not a template as such - it just keeps coming up so often I thought it was!!

 

Anyway, here it is, as recommended and used by many:

 

Dear [named sender or Sirs]

 

Thank you for your letter dated xx/xx/xx

 

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 totalling £xxxx

 

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 trust this clarifies my position.

 

Yours faithfully

 

Chita.

 

 

Now, about the spreadsheets. Are you using the ones from this site?

 

Westy

[marshasorell]

Hi Westy,

 

Once again, thank you. I am using the simple excel spreadsheets. I have calculated it again and I think it may be right. Last time I just put down d/d unpaid charges and unpaid check charges. This time I included the interest.

Cheers,

Chita:grin:

[natwesttookmymoney]

Hi, Chita

 

Have you included both contracual interest - the amount they've charged you - and statutory interest in addition, the 8 per cent?

 

Westy

[marshasorell]

Hi Westy,

 

What's the difference. I put down the interest that was on my statements and the excel spreadsheets added the 8%.

 

Thanks,

Chita:???:

[natwesttookmymoney]

Hi, Chita

 

If you send me your e-mail via PM I'll send you a sample page of my spreadsheet and you can compare the way I've done it - which is adding 8% to each and every item - with yours. Will that help?

 

westy

[marshasorell]

Hi Wesy,

 

Sorry for being so late to reply. I'm pretty sure I did the spreadsheet right. But would still like to see yours. Via pm (what that?). Anyway I did send off (partial payment letter and revised spreadsheet)everything by the deadline they gave me. (5/12/06)

I will be going away for a month on Saturday, should let Cobbetts know in case they try to contact me during this time?

Thanks,

Chita

[katesage]

Yes, Marshasorell

 

You will need to contact Cobbetts to let them know you will be away. Have you got anyone who can keep an eye on your post whilst your away, Cobbetts envelopes are clearly marked!

 

The main reason is because after Cobbetts make partial offers and you decline, full payout usually follows fairly swiftly, mine came 10 days later.

 

As the court is aware of your absence, that won't be a problem ....but it sure would be nice to bank the cheque!

[marshasorell]

Can anyone help me. got letter for court date next week 16/1/07. I have already refused partial payment (£1400) from Cobbetts and haven't heard anything from them yet. I have send in copies of all my documents to court by the 11th, 3:00pm. In a bit of panic just got back from America and feel totally lost. (can't even remember how to get to my thread!) What do I do if I really have to go to court? help!!

Thanks,

Chita:confused:

[katesage]

Try giving Cobbetts a call in the morning. Make sure you say that you are prepared and ready, bundle going to court etc

 

They may be able to tell you if they have a cheque waiting for you. Do that first thing, if no joy with Cobbetts, get photocopying quick!

 

Heres the link for preparation of bundle. Good Luck

 

Basic Court Bundle