Kirby vs Natwest

[Deller]

That's exactly what I did and they cashed if fine.

[Rimardo]

Thanks deller, you've answered a lot of questions for me so far...

 

What did you put in the "other information" section G?? (AQ)

[Rimardo]

Also when including my schedule of charges should I print a new copy off, with the upto date interest amounts??

[Deller]

Section G - other information:-

 

I am respectfully requesting that my claim be allocated to the small claims track.

 

This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

[Deller]

Ok, I'll have another look

 

The AQ isn't due to be back to the court until the 23rd - should I send it today or wait a little bit??

 

It's up to you when you return your AQ, but Cobbetts will more than likely submit theirs at the last minute.

 

Also when including my schedule of charges should I print a new copy off, with the upto date interest amounts??

 

You need to send the copy of the schedule as it was on the date you filed your claim. The daily interest rate will be added on by the courts.

[Rimardo]

It's up to you when you return your AQ, but Cobbetts will more than likely submit theirs at the last minute.

 

 

 

You need to send the copy of the schedule as it was on the date you filed your claim. The daily interest rate will be added on by the courts.

 

Thanks mate, I haven't got enough room to write all that you put in section G????

 

I may miss the middle paragraph, what do you think??

[Deller]

You should really try to fit all this in....it is a bit of a squeeze, but I managed to do it.

[Rimardo]

You should really try to fit all this in....it is a bit of a squeeze, but I managed to do it.

 

Thanks, done it now. I got the AQ sent from Northampton county court. On the AQ it says in the Banbury County Court

 

Which one should i send it to?

[Deller]

Return it to Banbury County Court as your claim will have been transferred there by the sounds of things. Is this the most local court to you?

[Rimardo]

Return it to Banbury County Court as your claim will have been transferred there by the sounds of things. Is this the most local court to you?

 

Yes it is, not far at all...

[Deller]

In that case all future dealings will be with this court now.

[Rimardo]

Deller, this is what I put on my MCOL - this was before I found this forum - I am sending my AQ today, I think...

 

I have a contract with the defendant bank

dated x/x/19xx and which is conducted on

their standard terms and conditions. I am

claiming the return of money taken by the

defendant in the way of charges over the

last 6 years plus the interest they have

levied on those charges. The bank's charges

are a disproportionate penalty and

therefore unenforceable as they are

contrary to common law. Further, as a

disproportionate penalty they are invalid

under the Unfair (Contracts) Terms Act 1977

s.4 and under the Unfair Terms in Consumer

Contracts Regulations 1999. Para.8 and sch.2

(1)(e). In the event that the charges are

not a penalty then they are unreasonable

within the meaning of the Supply of Goods

and Services Act 1982 s.15.

I have repeatedly asked the bank to justify

their charges but they have declined to do

so.The claimant claims interest under

section 69 of the County Courts Act 1984 at

the rate of 8% a year from xx/x/2000 to

xx/x/2006 of £xxx.xx

 

Should I be worried???

[Deller]

It might be worth send a revised POC to the court with your AQ, also send one copy to Cobbetts making them aware that the court also had these details.

I did this and havn't had any comebacks.

 

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

[Rimardo]

It might be worth send a revised POC to the court with your AQ, also send one copy to Cobbetts making them aware that the court also had these details.

I did this and havn't had any comebacks.

 

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

 

Ok, should I write a letter saying add this to my case? Or just have it in the envelope???

 

How exactly should I do it??

 

Thanks again!

[Deller]

Ask them to attach this to your claim as you were unable to fully detail your POC when submitting your claim online due to the limited space provided.

[Rimardo]

Ask them to attach this to your claim as you were unable to fully detail your POC when submitting your claim online due to the limited space provided.

 

Sorry to be a pain, do you have a copy of what you wrote to attach the new POC??

 

I want to get everything right!

[Deller]

The cover letter I sent with my revised POC was:

 

Your address

 

Cobbetts LLP

Ship Canal House

King Street

Manchester

M2 4WB

 

Date

 

Dear Sir/Madam

 

Claim Number: xxxxxxxx

Account Name: xxxxxxxx

Account Number: xxxxxxxx

Sort Code: xxxxxx

 

Please find enclosed an amended copy of my particulars of claim which indicates exactly what I am claiming with regards to unlawful bank charges. I was unable to attach this much information when filing my claim online due to restrictions of space.

 

I would appreciate it if you would attach this to my claim and hope this clarifies my position.

 

Yours Faithfully

 

This was also copied to the court with my AQ.

[Rimardo]

The cover letter I sent with my revised POC was:

 

 

 

This was also copied to the court with my AQ.

 

Thanks, I wrote out something similar - going in the post tonight...

[Rimardo]

I recieved an offer (half the amount) on Friday, I am getting ready to send my rejection letter.

 

Im not sure whether to include this part:

 

I first contacted your client regarding their unlawful charges on 12th July 2006 and therefore disagree with your contention that some of these charges fall outside the scope of the Limitations Act 1980. However I am happy to let the court decide on this matter.

In their offer letter they say:

Our client considers that your challenge to its charges would fail in Court. Our client believes that its charges are fair bla bla bla. It considers that the amounts debited to your account ahve been applied strictly in accordance with your agreement with it and its published tarriff. Our client is also committed to ensuring the transparency of the information that it gives to its customer about the operation of its products. As such our cliend does not believe that your claim has any prospect of succeeding.

What should I write???

[Deller]

I first contacted your client regarding their unlawful charges on 12th July 2006 and therefore disagree with your contention that some of these charges fall outside the scope of the Limitations Act 1980. However I am happy to let the court decide on this matter.

 

 

I would only include this part if in their offer letter they have mentioned anything about the first few charges you're claimimg falling outside the 6 year timescale.

[natwesttookmymoney]

I agree with you again Deller(!).

BUT I have learned that the relevant date for Limitations Act is the date the claim was filed.

However, if there are any queries about it, then Section 32 of Limitations Act should be quoted to them. That's the bit that covers concealment. In the initial request for repayment you should have had the phrase 'I have only recently learned....'

It's reasonable that you, as a lay person, would only become aware of the unlawful nature of the bank's charges when the OFT report came out, or when you heard about it. Anyway, don't worry. Deal with it closer to the time, if necessary. The bank tries this on whenever it can, even though it knows perfectly well that an attempt to get old items struck out because of Limitations Act would fail.

Westy

[Rimardo]

I sent my rejection letter (for half the amount claimed) yesterday, what happens next usually???

[Deller]

I'm afraid it's just a case of waiting now for Cobbetts to return their AQ, 23rd I think you said the deadline was, so it will be on or around that date.

[Rimardo]

I'm afraid it's just a case of waiting now for Cobbetts to return their AQ, 23rd I think you said the deadline was, so it will be on or around that date.

 

What stage are you at??

[Deller]

Cobbetts have returned their AQ so I'm just sat back waiting for either a court date or a cheque for the full amount, which ever comes first.....hopefully the latter.