martinpar V natwest ***WON***

[martinpar]

Not sure what I should do next.

 

I sent NatWest a S.A.R - (Subject Access Request) but didn't send it recorded. Heard nothing after a couple of weeks and no sign of them banking the cheque. I sent a letter reminding them the clock was ticking and if they hadn't supplied the information by the 40 days I would take further action.

 

Got a letter back making no reference to my SAR and saying:

 

I write to you with regards to your recent letter requesting a complete list of transactions and charges applied to your account under the Data Protection Act 1998.

 

To receive a complete list of transactions and charges we can send you a copy of your bank statements.

 

If you would like a copy of your bank statements, I will be happy to arrange this and they will be sent out directly. The fee for this is £5.00.

 

I would be grateful if you if you could forward a cheque made payable to 'NatWest.'

 

If you have any problems please do not hesitate to contact me at the above address.

 

This was from a department called Retail Regulatory Risk.

 

Should I carry on as if they have received my original request or should I start again using recorded delivery this time?

[livelylad]

yes! inform them that the clock is ticking and you expect them to comply to your time table.

[martinpar]

Thanks.

 

I know if it came to a court case the court would always assume a correctly addressed summons would have been delivered to me but my recent experience with the courts makes me think they would believe a solicitor or big institution if they said they hadn't received anything.

 

I shall press on...

[martinpar]

Curiously, Natwest must have processed the cheque (which was sent early August) on Monday, because it was back in my bank yesterday. Does anyone think it's because they monitor this forum and worked out who I was as my reminder letter wouldn't have got to them by then.

 

Maybe just coincidence.

[willbowling]

i had the same thing with natwest, they completely ignored my first two letters and refused to acknowledge they had them. i now take every letter into the bank and have them stamp, date and initial either a copy (i take with me) or the original and get them to photocopy that so i have proof. i am ashamed to be a natwest customer and if i wasnt so lazy i would dump them, at least i have managed to open accounts with other banks for savings, loans, credit cards etc. natwest are the most unhelpful company i have ever come accross (and i work for the dixons stores group ). and i would never recomend anyone bank with them,

 

(disgruntled customer awaiting a response to the first letter for requesting repayment of charges).

[Guest NATTIE]

should I say anymore except good luck to you both?

[wendypowell62]

My SAR with Nat West run out on 9/9, so I sent a letter giving them 7 more days to comply or I will be heading to the court for non-compliance.

[martinpar]

i had the same thing with NatWest, they completely ignored my first two letters and refused to acknowledge they had them. i now take every letter into the bank and have them stamp, date and initial either a copy (i take with me) or the original and get them to photocopy that so i have proof. i am ashamed to be a NatWest customer and if i wasnt so lazy i would dump them, at least i have managed to open accounts with other banks for savings, loans, credit cards etc. NatWest are the most unhelpful company i have ever come accross (and i work for the dixons stores group ). and i would never recomend anyone bank with them

 

I couldn't agree more. I vowed I would never use them again after a bad experience some years ago but somehow I managed to end up with them again.

[Kidson]

As a matter of interest, if NatWest does not respond to a SAR ~ and you have no statements to add up the charges etc ~ how does one proceed to raise a claim for an unkown amount?

[Warms]

As a matter of interest, if NatWest does not respond to a S.A.R - (Subject Access Request) ~ and you have no statements to add up the charges etc ~ how does one proceed to raise a claim for an unkown amount?

 

Please excuse the slight hi-jacking, martinpar!!!:-|

 

You can take 'em to court for non-compliance.

You can use an estimated amount, based on whatever statements/list of charges you actually have.

If you read through some of the longer threads you'll get an idea of how people handle such a situation.

Good luck!

[Kidson]

Thanks

[martinpar]

Got a response to my last chase up letter (which has crossed with my LBA for disclosure) and I'm not sure what she's saying. Is this the normal obfuscation?

 

'With reference to your letter dated the 11th of September advising that you have not received your statements, I have reordered the missing ones today and they will be with you as soon as possible. [haven't seen any yet!]

 

With reference to your request concerning any 'manual intervention' to the administrative charges debited, these charges have been processed in accordance with the terms and conditions of our current agreement with you as a result of the activity on your account. In the event that you breach the terms and conditions, we will take the appropriate action, contacting customers when appropriate, or handling customer enquiries regarding their account status. When a customer has raised a concern in relation to this process, the decision will be communicated to the customer and where appropriate noted on the account.'

 

This is from Joyce E Tudor and I assume it says 'there was no manual intervention but we don't want you to think that.'

Also, I don't have a current agreement with them as the account was closed as a result of being in default due to charges!

[martinpar]

I sent my LBA on the 14th, giving 14 days before taking action and got a response today from our friend Stuart saying:

 

Thank you for your further letter of 14 October 2006.

 

I regret that there is little that I can add constructively to my last letter and note your proposed course of action. I have alerted our lawyers and litigation department accordingly. May I please remind you that the address to use when initiating legal documents is that of our Registered Office, below.

 

Thank you for letting me know of your intentions.

I assume this is standard at this stage but, as I'm keen to move on with this, is it reasonable to go straight to court now since he has indicated that they will do nothing more?

[lesser1010]

no you must give the 14 days of the lba and then issue your claim.this is a procedure that you have to go through and any deviation may result in your claim being unsuccesful

[martinpar]

Fair enough. Thanks.

[martinpar]

I'm ready to do my Moneyclaim to NatWest. I've used the template in the library but I've had to modify it to ask for removal of default. Could someone who knows tell me if I've got it right?

 

1.The Claimant had an account xxxxxxxx with the Defendant since Jan 2003 2.Since 01/02/03 the Defendant debited charges and interest in respect of purported breaches of contract. 3.Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4.The defendant registered a default with credit reference agencies as a result of these charges. 5.Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term which permits the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 6.Claimant claims: (a)return of the amounts debited of £700; (b)Interest per S.69 County Courts Act 1984 of 8% - £172.08 continuing at 8% until judgment or settlement at a daily rate of £0.xx; ©Default be removed. 7.Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 8.Costs allowed by the Court.

 

Wouldn't want to make a silly mistake at this stage. Haven't worked out the daily rate yet.

 

Thanks.

 

Realised it was 25 lines so tweaked it to fit 24. Hopefully still OK.

[martinpar]

Anyone?

 

Got to press the button today. I've given them more than the 14 days as it is.

[gizmo111]

You have to this on a N1 form as MCOL is for money only and you are asking ofr the default removal as well.

[martinpar]

Ah, the famous N1 I keep seeing mentioned. I'm beginning to understand now. So I can't do it online. That's a pain.

 

Just so I'm clear: Using the N1 I put everything as I have outlined (except I have room to get it all in) but I have to send it to my local court with the fee? I assume the fee is still the same?

[mnrbig]

I think the fee will be £150 as you are asking for more than just money.

[martinpar]

It just gets better and better:(

[mnrbig]

You will get it all back when you win, so don't worry.

[martinpar]

I appreciate that. It's just that I can't really afford it at the moment. At least I could use a credit card online and wouldn't have to pay out for over a month.

 

Ah well.

 

I guess they rely on a lot of people being put off by having to find the money and that's why they hang it out as long as they can.

[gizmo111]

The fee is whatever the money portion is - the default removal is in addition to the money claim - print 3 copies when you have filled form i nand send/take to court.

[martinpar]

Ah good. Back to the 80 quid then. I couldn't see any other figure in the scale of fees. I was going to send it by post but I have the opportunity to get to my local court tomorrow now so I'll do it in person.