Reesdance1 v Natwest **WON**

[reesdance1]

hi after the usual steps of sending letters asking to reclaim my charges with natwest,ive had to take the case to the small claims court via "moneyclaim" online. now im scared as i dont like the idea of it going all the way and me havin to turn up at court. i dont feel well armed enough.the court issued the claim today 2.1.07 and have given the usual 14days for natwest to reply. any advice on what i can do to prepare me for the next step? the amount of charges plus costs comes to just under £1500.what are the chances of natwest taking it all the way?

[bennyowen]

If you have come this far, you can get to the end. If NatWest do not defend the case, you can then progress to judgment by default.

 

However, at this stage, you should await a letter from the court, 'Notice of Issue'. That will show the date that NatWest is deemed to have received the claim. Then, count 14 days from that date. If they have not done anything by that date, progress to judgment by default at MCOL. If they acknowledge the claim before that date, it means that NatWest have 28 days from the date that it is deemed to have received the original claim. When they do acknowledge your claim, the court will send you the acknowledgement of service. Do not be scared.

[gizmo111]

Hi an welcome,

 

Do not be scared this is standard for Nat West - have a read in the NW success forum and you will see the path these claims usually take. Start your own NW thread in there and keep it updated and we can support you as you go along.

 

Good Luck

[reesdance1]

thanks,nice to know theres support out there and im not fighting the big baddies alone ! ! im just wondering if i made a mistake by putting natwests headoffice address instead of my local branch address on the court claim.also from reading other threads im seeing "submit a schedule" to the bank or court. what does this mean? starting to panic again now eek !! what if ive done it all wrong.............

[Noticeboard]

Hi all and happy new year

 

Just starting the process of claiming charges back from the Halifax through the small claims court - any tips would be gratefully received

[Michael Browne]

Ho address is the correct one to use.

 

also from reading other threads im seeing "submit a schedule" to the bank or court. what does this mean?

 

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely,

[Michael Browne]

Hi all and happy new year

 

Just starting the process of claiming charges back from the Halifax through the small claims court - any tips would be gratefully received

Start your own thread in the Halifax forum and you'll get plenty of help there:

HALIFAX BANK

http://www.consumeractiongroup.c o..../halifax-bank/

[reesdance1]

hi i have ended up having to take my claim to mcol,and natwest were issued today with my claim. i am very nervous about this but intend to go all the way if need be to fight for justice against these tyrrants who make peoples lives a misery with their rediculous charges. its good to know i have the support here and will keep you updated. the worst thing for me is hoping i have followed the correct procedures,which i think i have done by taking the initial basic steps,but now its gone to court im beginning to shake in me shoes a bit !!

[Michael Browne]

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors (Cobbetts), since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely

[reesdance1]

do i draw up a list of dates and amounts of charges and then add interest at the end? also im not sure of the interest calculation,do i add 8% interest to the overall claim amount which is £1270,how do i do this to ensure im completing a schedule list correctly? sorry to sound so vague but this is one area thats had me scratching my head !!

[Michael Browne]

Just to be clear have you filed a claim at court?

[reesdance1]

yes i filed a claim with mcol last week and they said the claim had been issued today.

[Michael Browne]

Did you claim s69 8% interest and if so how did you work out the figure without using a spreadsheet from this site.

 

If you didn't claim it, the only way you can do so now is to amend your claim (£35 fee - unreclaimable)

 

do i draw up a list of dates and amounts of charges and then add interest at the end? also im not sure of the interest calculation,do i add 8% interest to the overall claim amount which is £1270,how do i do this to ensure im completing a schedule list correctly?

[reesdance1]

i did claim s69 8% interest and i multiplied the total amount £1270x8% but not sure ive done it right

[Michael Browne]

i did claim s69 8% interest and i multiplied the total amount £1270x8%

Unfortunately it's not that simple. The 8% is worked out on each charge from the date the charge was incurred to the date of filing. If you have 40 charges there are 40 separate calculations, which is where the spreadsheet comes in:

 

Use the Simple S/S here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

and guide here:

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/7226-maisielou-barclays.html#post50088

 

Overwrite the existing examples type of charge, amount and date.

 

The days since and 8% will be calculated automatically

 

 

Depending on how far back your charges were, there may be a considerable difference on just 8% of £1270

[MARTIN3030]

Hi here is your thread in the Natwest bank group.

[Firemansam]

Michael

 

Thanks for the bit on the 8% just put it into the spreadsheet as per your link and got a hell of a lot more interest than i totalled up doing it the other way!

[reesdance1]

hi can anyone give me an idea on how i should set up a letter of "schedule of charges " which seems is advised, that i need to send to cobbets and to the court. do i need to list each individual charge and date and do i add the 8% interest at the end of the total amount claimed?does anyone have a schedule i can look at to have an idea thanks.....feeling out of my depth,received "acknowledgment of claim" from the court today,which states the defendant has 28days from 9th jan 2006.when would the precise date be,if its from 9th jan i make it 5th feb before i can do anymore,is this date correct? not sure what else i should do now ....besides feeling nervous eeek!!!!!!

[dollysplodge]

have you sent any schedule at all to natwest? Because you should have sone this before the court proceedure, with copies of bank statements?

[ataction]

You should have an analysis of the charges prepared prior to submitting a legal claim. You have compromised your claim. Go through all you statements and extract the charges, apply them to the schedule as set out in Vampiress Spreadsheets. Ensure they are accurate, you will have to then write to the court attaching your schedule, and send a copy to the lawyers who will defend the claim. However if your schedule differs from your claim significantly then you may have a problem and will have to restart the process. My advice is to read the FAQs and the step by step procedures, and follow some of the threads on this site, it seems you may 'shot your bolt', however the situation is recoverable.

[reesdance1]

yes i requested list of all charges from natwest in the first place and then did the formal preliminary letters requesting these charges be repaid ,which they refused.i have proceeded to the courts but what i havent yet done is to send the list of charges to the court or to cobbetts. i just wanted to know if its a straight forward list of dates and the amount charged that is required,and then the interest of 8% added:)

[ataction]

Yes it is check the templates, Vampiress has the perfect spreadsheet for you. Add interest up until the date of the MCOL. Did your amount in the POCL include the interest?

[reesdance1]

sorry to sound a bit thick but not sure what pocl means. i did add the interest in the court claim. have tried to find template on vampiress but no luck.

[reesdance1]

hi all can anyone give me an idea of how to write out a schedule of charges,which i need to send to the court and cobbetts. all i want is an idea of the format. have looked through templates and vampiress and can find nothing. getting desperate now guys please help as i need to get these off asap. really feel ive got to get this bit right..........

[East Wind]

Hi there! I got very confused with all the schedule of charges malarky too! But it really is very simple! If you go to the templates and schedule of charges thing, just click on the England Simple version and type in the reason for the charge, date incurred and how much it was for. The sheet will calculate the rest for you including the 8% you need to include at this stage. It's simple once you get the hang of it! Took me a while! I am sending mine to the courts today so maybe we could keep each other up to date about our progress?!