Mike vs Natwest

[Mike1106]

Or maybe it should read Natwest vs Mike! I had a Natwest account for about 6 years (current account with £1000 o/d and loan for £13000). I was made redundant 18 months ago and had major surgery and haven't been able to work since, so am therefore on benefits. My loan was insured but as I was not claiming benefits at the time I could not claim on it. Natwest are now caliming over £2500 for the o/d and £17,500 for the loan,( I assume the increase is due to bank charges and interest) I had been in discussion with them but their answer was to take me to court. I am not disputing that I owe them money the dispute is around the amount. I have now received a A/Q from the court and dont know what to do next. Any ideas?. My one thought is to ask for a list of charges etc and claim these back, can I do this now it is a 'court stage'?

[alf]

sorry Mike i don't know this one, but i will bump you back up to the top, then someone else might answer you.

[webbscatering]

Hi Mike, these insurances are not entirely good as they are sold people should be sued over this for mis-selling an mis-leading you. First lodge a dispute today, make a note of time, date and who you spoke to. Say something like "i am disputing the amount of charges as you feel they are unlawful and contavene the office of fair trading ruling of april 2006"... or something like that. Follow up with a letter straight away, something like this:-

 

24th November 2006

 

Account No. 011xxxxxx

Sort. 30-1x-0x

 

Dear Ms Bank Person,

 

I would like to draw your attention to the over excessive penalty charges incurring on my account due to returned Direct Debits and Standing Orders. Bank charges are not legally enforceable if they are penalties. Penalty clauses in contracts in English (and Scottish) law for breach of contract are not legal if the penalty exceeds the actual cost of the breach of either party. I believe this is also a breach of the 1999 Consumer Credit Act (Unfair Terms in Consumer Contracts) also I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

I am disappointed with the way you have operated my account, I assumed you would operate my account within the boundaries of the law, never did I once think you would take monies from my account unlawfully. I do recall being refused help by you, only to find that whilst my business was struggling you would line the banks coffers at my expense. Your charges have left me at times in severe financial difficulties, this has caused me immense stress and suffering. In the event of a court case I will draw this letter to the attention of the court.

 

I trust you will respond in a positive fashion not with a standard letter and in way that will not prolong this situation any further

 

 

 

Yours Sincerely

 

 

 

Mike

 

 

 

My manager phoned me straight away so something aroused their interest??.

 

 

 

Once you dispute a debt most judges steer clear of these as you have acknowledged part debt so deemed to be trying to resolve this......phone calls are'nt effective evidence to give to a court, good old pen to paper from know on.

 

Get this letter in the post today if you can recorded delivery, if not first class but follow up with a call after 2 days.

 

 

 

Then send off the DPA Letter ( data protection act) then a prelim letter, then LBA letter (letter before action) then MCOL (money claims on line)

 

 

 

Cheers Kev

[Mike1106]

Thanks for the info/advice will most certainly send of letter today.

[webbscatering]

Hi mike,

dont wait for a reply to to your first letter as their reply will be a fob off, basically telling you that everything is Kosha with the way they trade and you are useless as a customer. Follow this link and post this off say tomorrow.

 

data-protection-act.html

 

Keep me posted, Cheers Kev

[Mike1106]

Letter to Natwest sent on 3rd requesting statements, delivered and signed for yesterday, followed it up with phone call, have been assured statements will arrive within 4 - 5 working days. Time will tell.

[webbscatering]

Well done mike, yes time will tell, but the the ball is rolling. Once you get your statements you need this template:

http:interest-calculation-spreadsheets.html

 

I Used the "England-simple-excel" version!

 

And this letter:

http:letter-preliminary-approach.html

[alf]

good luck mike i got my 1st & 2ns accounts paid in full today - how good is that eh!!!

xx

 

It pays to chase them

 

x

[Mike1106]

Received letter from Natwest's solicitors (Green and Co) today, basically demanding I drop my counter claim for bank charges etc, and stating that as they have no record of any requests for an insurance claim pack (my loan was insured) they are demanding I drop that one as well. Seeing as how I have the calim pack in my possession I am not even going to reply. I am waiting for my account details then just file the allocation questionaire at the court, along with deatils of the excessive charges etc, and send them (Green and Co) a copy of it as well. Bugger them, they have had me by the b...s (apologies to any ladies reading this!)long enough, its time to squeeze theirs.

[Guest NATTIE]

Mike- can I clarify something as I am a bit uneasy on this thread, did you put a claim in for the PPI at the time? If so what was the result? If not why did you not do so?

[Mike1106]

I only requested a claim pack but did not claim due to a family crisis abroad, and had to come off benefits at that time.

[webbscatering]

So regardless of not filing your claim, whats their problem then???, I think as long as you have a justifiable reason to not follow your insuarnce claim this should not stop you from claiming your bank charges. The solicitors know the law this does not make them the law, carry on with your claim and time scales.

[Guest NATTIE]

Webb- I read something that was not there which was for the clarification. I re read the thread a few times after I had a reply from mike. Apologies for slight diversion from the advice already given.

[webbscatering]

Quote: "So regardless of not filing your claim, whats their problem then???"

 

Hi natweststaffmember, the above quote was intended at the solicitors. They make me mad as hell, they are people that run a business that specialise in a particular field, like a Chef, Mechanic or any other proffession what makes them so special....nothing at all. They cant demand nothing without the relevent legal documents to back themselves up. so their demands to mike quite rightly should fall on deaf ears unless they have a court order that prohibits him in pursuing his case. There is absolutely no cause to apologise my friend...keep up the good work

[Mike1106]

Hi all, thanks to everyone for the support and the 'questioning' of my tactics. The advice and constructive critiscm is most welcome. As you may have gathered I feel very strongly about this for a few reasons, first and foremost is the amount of bank charges and interest applied to my accounts even after I had explained my situation to Natwest. ie. Being unemployed, having major reconstructive surgery (which - and I am not looking for sympathy here - did not work and I am therefore unlikely to work again). I think the one of the major reasons is the callous way I have been treated by the bank, they appear to think they are untouchable and a letter from their solicitors will make me go away. I am not and will take and defend my case all the way.

[gizmo111]

I see you are at the AQ stage - what did you put in your defence?

[Mike1106]

Yes I am at the AQ stage and haven't as yet completed the forms, I am waiting for my statements from Natwest so that I can show and detail exact amounts. I have until the 15/1/2007 to file my AQ at the courts. Natwest appear to have filed theirs, they sent me copies, along with solicitors letter yesterday.

[gizmo111]

Did you defend all or part of claim?

[Mike1106]

I am defending part of the claim, that which is made up of bank charges and interest it amounts to over £6000, but will only know the exact figure once I am in receipt of statement setc.

[johnwilsonstorey]

Hopefully you are now on benefits, so what about that Insurance claim for the rest of the loan amount. If you havent done it already get those claim forms filled in.

[Mike1106]

Yes I am on benefits but as I haven't been able to pay anything on the loan for over 12 months I dont know where I stand. But saying that and seeing as how they are still charging me interest etc on the full amount (incliding insurance premiums) may be I could? Any ideas anyone?

[Mike1106]

When Natwest told me it would take 3 - 5 days to send statements I thought it was a bit quick, I called them yesterday and was told it will now be 5 - 10 days - Now there's a surprise. As I have to file my AQ by 15/01/2007 I have now sent a letter to the court requesting an extension, I also attached the letter to the bank (requesting statements) and letter form solicitors where they demand I drop my defence. I shall wait patiently, although waiting and patiently are not words I am familiar with, lol.

[johnwilsonstorey]

I'm afraid I dont know, but I'm sure someone does, could an application be made to the Court for the AQ to be delayed?

Reverting back to the question of an Insurance claim, personally I cant see why, even if weren't on benefits you shouldnt claim. I am sure that you can proove that you were ill and unable to work this is why you entered into the policy in the first place and that should be enough. Surely for all the proof you need for a small fee I think that the hospital will supply a copy of your notes if required and these should be sufficient for any Insurance company.

Is the insurance covered by a Nat west own policy? perhaps thats why they want you to pay and not themselves.

Maybe this is a good case that 'Watchdog' will want to hear about:evil:

[Mike1106]

Just a quick update. Still haven't received statements even though they were promised. Have written to the court requesting an extension re:filing my QA, will hear from them tomorrow. As Natwets solicitors have asked for multi track, seeing as my debt to them is supposed to be over £20k I am going to do a 'Cobbets' on them and request info as per CPR 18. See how they like it.

[johnwilsonstorey]

Good for you, now I hope you are thinking that you are not on your own anymore, make Cobblers do some proper work for their £200 per hour, and see if they like delaying tactics.