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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Thecornflake vs Natwest finally **WON**


thecornflake
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I am now having to do my claim for Natwest due to the horrific state of my account. This is the big one. I'm estimating at least 8-10k in charges (that's not including over £800 so far this month) plus a loan they forced me to take out in a classic example of irresponsible lending breaking pretty much every rule in the book. I plan to claim contractual interest as well of course.

 

Based on some of their behaviour I'm also investigating whether any criminal offenses have been comitted.

 

As this is Natwest I am more than willing to test any speculated legal points that haven't been used a lot yet, as I intend to throw everything I can at them. I'm not fussed about the small claims limit - I'm hapy to go to court whether it be small claims or fast track. In fact I want to push them as far as I can towards court to see how far they will go.

 

Yes I do have a parachute account before you ask - I'm fully expecting them to close the account after I'm through with them.

 

I'll also read the other Natwest threads to get a good idea of what to expect.

 

DPA request will go off in the next few days when the cheque from my MBNA claim clears.

 

I'm working on my prelim letter which will be based on the one here so I'll post it for comments when it's done.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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Guest NATTIE

The cornflake when prelim goes in it goes to Customer Relations Unit Borehamwood who deal with all charges related letters NOT the branch.

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Thanks NWSM.

 

DPA sent today. Also a letter stating the account is now in dispute as the claim amount will be far more than the overdraft. I have changed my salary to go into a separate account (not related to NW or RBS).

 

The game is afoot, as they say.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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  • 2 weeks later...

Statements turned up today... going back to 2002. Do they send them in separate sets or do I need to chase them up for the rest?

 

I'm looking forward to totalling these up...:D

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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Statements turned up today... going back to 2002. Do they send them in separate sets or do I need to chase them up for the rest?

 

I'm looking forward to totalling these up...:D

 

 

Hi,

 

I ordered back-dated statements last night via the telephone, and the representative did advise me mine would arrive in two batches. 2000-2002, and 2002-present consecutively.

 

Hope that helps, and Good Luck

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Thanks.

 

Actually I remember reading somewhere that they hold statements before 2002 on a separate system so that's probably why.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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Got a letter today confirming DPA request and that all information will be sent. Very nicely worded, which took me by surprise.

 

Went through the statements today (pre 2002 not yet received). Took a while. Total around £3800 estimated around the fact I haven't taken out the ones including adv gold fees. The estimate is after the fees are removed. It doeasn't include compounded contractual interest at...what did they raise their rate to recently?:D

 

The total for one month was £697.

 

The rest from before 2002 still to be added.

 

I'm looking forward to this one. Several months on here waiting for this. Account in dispute. A case for theft/fraud and irresponsible lending which will be handled separately as it involves criminal offences.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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Got a letter today confirming Data Protection Act request and that all information will be sent. Very nicely worded, which took me by surprise.

 

Went through the statements today (pre 2002 not yet received). Took a while. Total around £3800 estimated around the fact I haven't taken out the ones including adv gold fees. The estimate is after the fees are removed. It doeasn't include compounded contractual interest at...what did they raise their rate to recently?:D

 

The total for one month was £697.

 

The rest from before 2002 still to be added.

 

I'm looking forward to this one. Several months on here waiting for this. Account in dispute. A case for theft/fraud and irresponsible lending which will be handled separately as it involves criminal offences.

 

Sounds pretty impressive Cornflake - you look as though you've got the bit firmly between your teeth.

 

Am interested in the contractual interest part.. don't understand that yet - but thats more reading for me.

 

Good luck!!!

 

*adds thread to the ever-lengthening list to follow* :D

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This week I have been mostly writing my prelim letter. The bit in italics I'm unsure about, so I need to check this out further before I put it in. I also need to double-check their unauthorised borrowing rate.

 

Many thanks to Mcuth, as this is basically his letter amended slightly, and any others who have advised on the points included.

 

My request

 

I am writing to ask you to refund the charges which you have levied from the above account since inception. I now understand that the regime of fees which you have applied to my account in relation to card misuse, cheque/direct debit/standing order refusal, referral fees and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, 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 of contract, in order to reassure me that your penalties really do reflect your costs.

 

I am of the view that your charges represent a penalty and are therefore unrecoverable at Common Law. In the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498; the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract. This is also the position in English law: Wilson v Love [1896]; Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79; Ford Motor Co v Armstrong [1915]; Bridge v Campbell Discount Co. Ltd [1962]; Murray v Leisureplay [2004].

 

Your charges do not reflect any actual loss; instead they appear to represent a lucrative profit-making scheme. In particular, charges were applied after I entered into transactions without sufficient funds in my account. The actual loss is the cost of automatically sending me a computer generated letter which I would respectfully submit is valued at no more than 50 pence.

 

UK banks have recently given evidence to the House of Commons Treasury Committee on how bank charges are calculated: "The costs are going to pay for all the people we have who pursue debt, collect debt, speak to customers and chase payments. The way these charges are arrived at is by taking these total costs and making some assumptions about the volume that is going to come through to arrive at the individual charges" (2nd report, 25 January 2005, paragraph 50).

 

Accordingly, the charges applied to my account are not a reasonable pre-estimate of your loss in relation to my account. No-one has had to look at my account or telephone me. No one has had to collect anything. Your charges would appear to represent a device to recover global losses (for example, loan defaulters, bad debt write off, including commercial lending in, and outwith, the UK).

On a separate note, your charges appear to represent an unfair term of contract which is contrary to the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). My account fall within the scope of Regulation 5 of the Unfair Terms in Consumer Contracts Regulations 1999 as I am a consumer. Your charges constitute an unfair penalty under reference to paragraph 1(e) of schedule 2 of the said regulations:

 

Indicative and non-exhaustive list of terms which may be regarded as unfair - 1. Terms which have the

object of effect of - (e) requiring any consumer who fails his obligation to pay a disproportionately high sum in compensation’.

 

In an investigation by the BBC Money programme shown at 10pm on Tuesday 12 December, the BBC set up a commission and asked them to take account of all the expenses they thought banks might face in dealing with customers' defaults and come up with the highest costs they believed banks could reasonably justify.

 

The commission began work in October 2006 and met in London a month later to reach a final conclusion. The commission was established by the programme after all the major banks had declined its invitation to say roughly what it cost them to deal with customers' defaults. The Money Programme study into bank costs was undertaken by a three-person commission comprising two top business academics, Professor Philip Molyneux of the University of Wales, Bangor, and Professor John Struthers of the University of Paisley, together with an experienced banking practitioner, Ian Jarritt, formerly a senior executive with NatWest.

 

They reached the conclusion that the highest possible cost for returned direct debits or unauthorised overdrafts would be £2.50 and for bounced cheques this could be £4.50. These figures are of course far below your charges for these incidents.

0n 26 July 2005, the OFT stated that 'a charge is likely to be disproportionately high if it is more than a court would be likely to award if the lender sued the cardholder for breach of contract'. Because your charges include a large profit margin, in addition to actual loss, they are unrecoverable as an unfair term in contract. I believe that your charges require me to pay a disproportionately high sum in compensation for incurring transactions which were ultimately declined by an automated computer system. In addition, it is unfair to require me to subsidise your global debt recovery costs and debt write-off.

 

I also believe that these charges constitue unreasonable indemnities under section 4 of the Unfair Contract Terms Act 1977 (as amended) as this section states that a person dealing as consumer cannot by reference to any contract term be made to indemnify another person (whether a party to the contract or not) in respect of liability that may be incurred by the other for negligence or breach of contract, except in so far as the contract term satisfies the requirement of reasonableness.

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them. Your concealment of the true nature of your charges has prevented me from asserting my Right until now.

 

What I require

 

I calculate that, as at today’s date, you have taken a total of £3,954 in charges. In addition, I also claim Contractual Interest (compounded) under the principle of mutuality and reciprocity in our contract.

 

As you have taken unlawful charges from my account, this constitutes unauthorised borrowing – thus, the rate of Contractual Interest used is the bank’s unauthorised borrowing rate. The standard rate of unauthorised borrowing set by Natwest is 29.84%, therefore this rate is added to the above amounts and the breakdown is shown on the enclosed schedule. I calculate the Contractual Interest element (to the date of this letter) at £2,223.09.

 

 

The grand total of the above is £6,177.09 and I enclose 2 schedules showing the charges & contractual interest which I am claiming.

 

I request that you refund this amount in full, payable by cheque directly to me. I will accept a sum equal to the current overdraft on my account to be paid into the account in order to clear the overdraft and the remaining amount paid by cheque directly to myself.

Targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and write on the assumption that you will prefer to do this rather than merely respond with standard letters and leaflets.

You have 10 working days, from receipt of this letter (i.e. by XXXXXXX), to reply unconditionally accepting my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or do not respond positively, within this time period, I shall send you a letter before action allowing a further 10 working days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments. After that will be no further communication from myself and I shall issue a County Court claim at the expiry of the second deadline.

 

I would also like to draw your attention to a statement made to the BBC Money Porgramme mentioned above by Walter Merricks, the Chief Financial Ombudsman. Mr merricks said that he will no longer entertain banks' offers of partial settlements of customers' claims. Mr Merricks said banks should now pay customers' claims in full or explain why their charges are legal. Failure to follow these guidelines will result in a complaint being made against you to the the Financial Ombudsman.

 

I look forward to hearing from you by return.

 

Yours faithfully,

 

The Cornflake.

  • Haha 1

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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This week I have been mostly writing my prelim letter. The bit in italics I'm unsure about, so I need to check this out further before I put it in. I also need to double-check their unauthorised borrowing rate.

 

Many thanks to Mcuth, as this is basically his letter amended slightly, and any others who have advised on the points included.

 

 

[/font]

 

Very nice! Quite similar to what I've managed to throw together apart from actual case quotings. I used the rate available on their website of 29.69% also, and highlighted the amounts in the same way...Thought I was probably writing rubbish, but am now a bit more confident I have actually taken in some of the info I've been reading for the past fortnight!

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I'm pretty sure I didn't have any charges pre-2002 so I'm thinking about sending this in the next couple of days rather than waiting for the missing statements.

 

I also plan to do a similar thing that Seminole did with his claim against Abbey, if it gets to court stage I will let them know I intend to seek allocation to fast track and full disclosure if they intend to defend the claim.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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Good luck with your claim - as I am sure you realise from reading other threads, they will procrastinate as much as possible but you will get there in the end :)

 

Loz

I hate Alliance + Leicester

BT: No longer a customer :)

HSBC: £1222 refunded 28/5/06; Second claim of £737-24 refunded 9/11/06; PPI + interest on personal loan refunded 27/7/08

MBNA: £100 refunded on first claim of £112; £208 refunded on second claim for £108 24/9/07; PPI £256-28 refunded 8/4/08

NatWest: £1581-71 refunded 16/12/06; personal loan CCA agreement not provided

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my prelim letter.

That's a damn fine letter, Sir (or Madam). :D :D I wish I'd sent that for my claim.

 

If I was the Customer Relations Manager, on receiving that, I'd send round the whole staff to your house with the money, (in cash) and I'd make sure they gave you a hearty round of applause.

 

Cracking stuff, indeed!

 

Good luck with the claim.

 

OB

Please read the Stickies and FAQs. Your question may have been answered already.

 

Old Bear vs. NatWest - won after first letter £600

Mrs Bear vs. Studio - won after first letter £360

Old Bear vs. Abbey - won after first letter - only £50, but it's the principle

Old Bear vs. Black Horse - £117 of charges wiped off 2 loans, but more WILL follow

Mrs Bear vs. Index (Littlewoods) - SAR sent - 2/2/2007

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hi thecornflake,

 

So as not to rain on your parade, as that is a mighty fine letter, it will no doubt fall on deaf ears. All you'll get for all your effort is a std letter full of the normal amount of dribble, but hey-ho, you go for it.:D

 

Good luck.

:DSUCCESSESS:D

NATWEST01&02 won over 4k

See how

http://www.consumeractiongroup.co.uk/forum/natwest-successes/31683-muggins73-natwest.html

 

:)CURRENT CLAIMS:)

HALIFAX03

19-SEPT-07 APPLICATION TO HAVE STAY LIFTED

02-OCT-07 APPLICATION REFUSED

LLOYDS TSB04

10-MAY-07 LBA

 

ABBEY05

19-SEPT-07 LBA

 

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hi thecornflake,

 

So as not to rain on your parade, as that is a mighty fine letter, it will no doubt fall on deaf ears. All you'll get for all your effort is a std letter full of the normal amount of dribble, but hey-ho, you go for it.:D

 

Good luck.

 

Thanks for the comments. OldBear, I am indeed Sir Cornflake.

 

I have no doubts that the letter will be chucked in the same pile as the rest, but I want to make sure I've mentioned the additional points at this early stage so that in the event of a court case I can prove I made them clear from the beginning.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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Absolutely crystal, there'll be no arguing on that fact:D

:DSUCCESSESS:D

NATWEST01&02 won over 4k

See how

http://www.consumeractiongroup.co.uk/forum/natwest-successes/31683-muggins73-natwest.html

 

:)CURRENT CLAIMS:)

HALIFAX03

19-SEPT-07 APPLICATION TO HAVE STAY LIFTED

02-OCT-07 APPLICATION REFUSED

LLOYDS TSB04

10-MAY-07 LBA

 

ABBEY05

19-SEPT-07 LBA

 

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I've removed the par tin italics as no-one has confirmed about it yet. I also amended the part near the beginning as it says

The actual loss is the cost of automatically sending me a computer generated letter which I would respectfully submit is valued at no more than 50 pence.

but later on i am quoting the BBC Money Programme results of £2.50 and £4.50 so this is a bit of a contradiction.

 

It will be sent by recorded delivery tomorrow.

 

meanwhile they have started calling me at 7:30 in the morning to speak to me about my account. i tell them it's in dispute and they go 'oh, ok' and put the phone down.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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It's rather upsetting, well I used to think so, anyway.

Have they started bothering you on a Saturday morning, yet? I just happened to mention to them how we are unable to get to our money on a Saturday however, they are more than happy to harrass us by phone!!! I was promptly advised that 'the Collections dept is open 7 days a week 350 days a year (excluding BHols) from 08:00 - 18:00 hrs'. Buggers!!!

Have you thought about sending them the letter regarding harrassment? I also added a part in there reminding them that they were unable to take any action against me whilst the account(s) were in dispute, giving them full details of my claim ungainst unlawful charging. It worked a treat for for me, the calls have stopped, and they even apologised:)

:DSUCCESSESS:D

NATWEST01&02 won over 4k

See how

http://www.consumeractiongroup.co.uk/forum/natwest-successes/31683-muggins73-natwest.html

 

:)CURRENT CLAIMS:)

HALIFAX03

19-SEPT-07 APPLICATION TO HAVE STAY LIFTED

02-OCT-07 APPLICATION REFUSED

LLOYDS TSB04

10-MAY-07 LBA

 

ABBEY05

19-SEPT-07 LBA

 

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Hi Cornflake,

 

I'm just finishing my spreadsheet (again) then will completed my drafted prelim (will put it in my thread in a while if you want to see - although its nothing special!)

 

I've included all on the one schedule, contractual & charges, though. Hope this isn't wrong.

 

I too, will be sending via signed for tomorrow - I think I'm ready now :)

 

Still watching your thread, will be interested how you get on!

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Hi Cornflake,

 

I'm just finishing my spreadsheet (again) then will completed my drafted prelim (will put it in my thread in a while if you want to see - although its nothing special!)

 

I've included all on the one schedule, contractual & charges, though. Hope this isn't wrong.

 

I too, will be sending via signed for tomorrow - I think I'm ready now :)

 

Still watching your thread, will be interested how you get on!

 

Make sure the prelim correctly says what you are including, if you are doing it all on one schedule, so that it is correct.

 

If you want me to have a look post or PM it.

 

That's two of us off to the post office this morning!

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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  • 3 weeks later...

Received offer today. £3902, which is less than just the charges (£3954 on the original claim, now up to £4268 with additional charges since the prelim, not including contractual interest of course).

 

I'm not sure how they've arrived at this figure, £52 less than the charges amount?

 

Letter states charges are for a service bla bla. For example -

 

Whilst many of our services are provided without a corresponding charge, we do make charges when customers, by their actions, request an increase to or the creation of an overdraft in excess of their previously agreed limit.

 

By reviewing such requests we provide an additional service to customers, in many instances allowing items to be paid either by creating or increasing an overdraft. These charges can be avoided entirely by arranging suitable borrowing facilities in advance.

 

I'm sure borrowing more money from them is a great course of action. Except when they refuse to increase your overdraft limit of course.:rolleyes:

 

There is an invitation to call to discuss the offer. Which I shall do, as my claim if it gets to court will go further than simple charges. It will be carefully structured to avoid the possibility of them being able to settle as much as possible, so once it's done there will hopefully be no getting out of it for them. I will be going for at last fast track as well. Not to mention the possible fraud, but that's another story.

 

Will keep you posted...

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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Cornflake,

Halfway there i think and well done. Did you see Cankster's thread on how he handled the contractual interest on his claim ?

.http://www.consumeractiongroup.co.uk/forum/natwest-bank/67250-court-thursday-contractrual-2.html

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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I haven't read that thread yet, I'll go and have a look.

 

To be honest I may need to accept a refund without interest if it means not going to court due to my current situation which isn't great. I do however have the other things I mentioned to follow up on, and these are the things I'm really after because they are cases in which I think the bank has been much more irresponsible than just unlawful charging. Plus the recent media coverage is probably going to cause no end of extra strain and delays on the court system in the next couple of months.

 

My phone call didn't go terribly well due to only getting through to some woman who although aware of the charges situation wasn't that helpful or bright either. She did say i could add additional charges to the acceptance form and send it back if i wanted to do it that way, and arranged a call back in the next 48 hours so I could discuss it with someone.

 

I'll wait and see what happens with the call (if it happens) and then take it from there.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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the cornflake,

The route of any case is entirely down to the individual concerned and your own particular circumstances you are in. Just be careful with whatever you have to sign for Nat West in your acceptance of their offer. They may well try to stop you making any further claims against them. Good luck.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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  • 2 weeks later...

Settled!

 

Sent back the settlement form with the new charges added on and received full payment the following Monday. This was for the total charges - £4216.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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