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Claire-V-NAT WEST 6QZ58078


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Hello everyone,

firstly let me say that this site is fantastic!!!!!!

The help / advice i've received to date is 1st class.

 

Brief summery. To date,

i'm at the point now were i have sent all the letters to Nat West whose responce were as predited on this site.

Ive had two offers from Nat West, firstly a mere £600 ( my claim is for £3000+ ) just before i applied to the small claims court.

When i sent my application in to the court Nat West solicitors asked the court to strike out the claim stating that i had not shown resonable grounds for the claim, i responded as per advice form this site and the claim stayed.

This week the court sent a letter stating tha the claim is "stayed" until the 15th December to allow both parties to attempt a settlement.

Today i received a letter from the banks solicitor,

The letter states... Our client considers 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. Our client is also committed to ensuring the transparency of the information that it gives to its customers about the operation of its products. As such, our client does not belive that your claim has any prospect of succeeding.

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 £1700.

Whilst this letter is written without predjudice save as to costs, in the event that you decline this offer, we will draw this letter to the court's attention on the basis that we hold the firm veiw that this offer is entirely reasonable in the circumstances. This offer will remain open for 7 days until Tuesday 5th December 2006.

This is just a try on by the solicitors.

 

They are in effect making you a Part 36 offer and they are fully aware that 36 does not apply to small claims courts.

 

 

My advice to you will be simply to say to them no and that they are attempting to mislead you as to the situation regarding costs because you know fully well that part 36 does not apply to the small claims track and also the court would not held liable for costs anyway. Once again you should threaten them that you will complain to the Law Society about the way that they are deliberately attempting to deceive litigants in person. If I were you I would send a letter to the Law Society complaining about them. Also tell them that you will complain to the court that they are making deceptive offers and hiding behind the without prejudice rules.

 

I will be declining the banks offer and i will send the letters to the Law society & the courts.

Trust that this can be of help to others in my position..

 

Claire.

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Hi claire it can only help people if you post it in the Natwest forum really. Can you c&p your text and post it there? Then you can track your progress, read other Natwest stories and post if you need help. Thanks!

Ex CAG helper ^_^

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