Jump to content

 

BankFodder BankFodder


angelclaire

Angelclaire v Natwest - ** WON WON WON !!! **

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4798 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I got this letter from them today (in reply to the letter sent with the schedule of charges):

 

Thanks you for your letter of 6 November 2006 and I apologise for any dissatisfaction caused by the application of charges to your account.

 

In your letter you have claimed that we have been acting as your fiduciary, which is not correct. This doesn't form part of the normal banker/customer relationship and if your claim is based on this premise I can only recommend that you seek independent advice.

 

We believe that our charges are fair, reasonable and transparent. We consider that the amounts debited to your account have been applied strictly in accordance with your agreement with us and our published tariff which, we are satisfied, complies with all applicable laws and regulations. We are also committed to ensuring the transparency of the information that we give to our customers about the operation of our products.

 

Much of the recent media coverage on bank charges has been prompted by the Office of Fair Trading investigation earlier this year but that was limited to administration charges on credit card accounts and did not extend to include bank charges.

 

We have considered the Office of Fair Trading's statement of 5 April 2006 and do not accepts its findings in relation to the setting of credit card fees. We are concerned that the Office of Fair Trading has publicly called into question the setting of charges applied to other products, including current accounts. The OFT has restricted its investigation to credit cards and made no attempt to consult with the RBS Group or the industry in relation to other entirely different products.

 

You may be aware that the OFT has recently announced that it is to investigate bank charges as a separate matter and estimate that it could be up to six months before it is in a position to announce any findings. Realistically, it would be fitting to wait for the OFT's deliberations as your letter is based on comments relating specifically to a different issue, namely credit card charges.

 

Consequently, against that background, we must differ with the views you have expressed. Having reviewed your account, I can find no instance where charges have been applied when they were not properly due. They have all been associated with a lack of covering funds in the account at the time items were presented for payment. Accordingly, the charges that have been applied your account should stand.

 

I am disappointed to note that you are contemplating legal action. Whilst I hope that you will feel able to reconsider in all the circumstances, should you decide to go ahead, please ensuer that any Proceedings are served on etc....

 

I suspect that this is unlikely to be the answer you might have hoped to receive but nonetheless thank you etc...

 

NATWEST

 

What does all this mean, and what should I do next?! Help!

Share this post


Link to post
Share on other sites

Standard reply... Get to the next stage... Start your claim online (MCOL) or go to your local Court and fill in a N1 form...

Check the templates and other threads to get it right!


---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

Share this post


Link to post
Share on other sites

Hi Angelclaire

 

I got exactly the same letter so that makes me feel better. General consensus of opinion seems to be that you issue the LBA which you will find a template for on this site. Let me know how you get on as I am about to send mine in. Was the letter sent by Stuart Higley??

Share this post


Link to post
Share on other sites

This letter is churned out like confetti. File it in the 'laugh and tear up in tray'.


My advice has hardly any legal foundation whatsoever, however you never know it it might just work!

:cool:

 

NatWest Prelim 07.10.206

LBA 21.10.2006

MCOL 30.10.2006

Acknowledgment of Service 06.11.2006

Offer of approx 50% £2200.00 22.11.2006

Full settlement £4500 received 03.01.2007

Smile settled in full

Barclaycard settled in full

RBS Worldwide settled in full

Lloyds TSB settled in full £750.00

Lloyds TSB settled in Full £275.00 11.04.2007

Lloyds TSB business account £1376.00 AQ filed

Lloyds TSB Business account settled in full 21.05.07

Share this post


Link to post
Share on other sites

Does anyone know why the bank seems to think they are not acting as a fiduciary????

Share this post


Link to post
Share on other sites

You really do not have to worry about this letter, or the contents. Just schpeel.


My advice has hardly any legal foundation whatsoever, however you never know it it might just work!

:cool:

 

NatWest Prelim 07.10.206

LBA 21.10.2006

MCOL 30.10.2006

Acknowledgment of Service 06.11.2006

Offer of approx 50% £2200.00 22.11.2006

Full settlement £4500 received 03.01.2007

Smile settled in full

Barclaycard settled in full

RBS Worldwide settled in full

Lloyds TSB settled in full £750.00

Lloyds TSB settled in Full £275.00 11.04.2007

Lloyds TSB business account £1376.00 AQ filed

Lloyds TSB Business account settled in full 21.05.07

Share this post


Link to post
Share on other sites
Does anyone know why the bank seems to think they are not acting as a fiduciary????

A rather learned member here suggests that the term is better expressed as an adjective than as a noun.

 

As in: "Acting in a fidiciary capacity."

 

But I think it's a backhanded compliment to CAG that they appear to have based their standard sodoff letter on the CAG template !!

Share this post


Link to post
Share on other sites

I have just entered judgement on HMCS as the Natwest have not entered a defence, or offered me anything (they acknowledged the claim, that's all)... but I see from other threads that they have been putting in a defence on other's claims... have I done the right thing? Could they have put a defence in but I haven't received it? I have had nothing from Cobbetts.

Share this post


Link to post
Share on other sites

It won't cause a problem. The bank may enter a defence but the only effect it will have, overall, is to delay settlement by a few weeks.

 

Good luck.

Regards, Rooster.

  • Haha 1

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

-------------------------------------------------------

LOOK! Free CAG Toolbar.

Follow link for more information.

 

------------------------------------------------------

Please donate,

Help us to help others.

 

 

LINKS....

 

Forum Rules.

FAQs....

Share this post


Link to post
Share on other sites

There defences are not always delivered within the deadlines, and with the Christmas holidays, and the mass of claims they are dealing with, expect delays.


My advice has hardly any legal foundation whatsoever, however you never know it it might just work!

:cool:

 

NatWest Prelim 07.10.206

LBA 21.10.2006

MCOL 30.10.2006

Acknowledgment of Service 06.11.2006

Offer of approx 50% £2200.00 22.11.2006

Full settlement £4500 received 03.01.2007

Smile settled in full

Barclaycard settled in full

RBS Worldwide settled in full

Lloyds TSB settled in full £750.00

Lloyds TSB settled in Full £275.00 11.04.2007

Lloyds TSB business account £1376.00 AQ filed

Lloyds TSB Business account settled in full 21.05.07

Share this post


Link to post
Share on other sites

And if I do receive a defence what then? Help!!

Share this post


Link to post
Share on other sites

Just sit tight. If you receive their defence, you should receive the AQ shortly after that. Dont worry, it is all part of Natwests tactics. They delay and stall to the bitter end, but alas, victory will be yours:D

Share this post


Link to post
Share on other sites

I entered judgement after the 28 days, and it was accpeted (I didn't know there may be a delay because of the Christmas rush) and have since received the defence; I have responded as suggested on here, and on the HMCS Money Claim on line thingie it is saying my Judgement has been rejected... this doesn't mean permanently does it? Help!

Share this post


Link to post
Share on other sites

This is quite usual for the defence to be recieved at the very last minute. You just need to wait now for the AQ and your full settlement should be very soon.


IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

Share this post


Link to post
Share on other sites

Ah right, I see, just one other thing, I sent the standard letter to Cobbetts, along with my schedule of charges, and a copy of the letter to Northampton County Court.

 

I have just had an email from HMCS saying it is to be transferred to Burnley (my town) County Court... should I send a further copy to them? It's all very confusing!!

 

Regards and thanks,

Claire.

Share this post


Link to post
Share on other sites

It certainly wouldn't hurt to send another copy to Burnley County Court, at least there will be no reason for them to say they havn't seen it then.


IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

Share this post


Link to post
Share on other sites

This is the usal fair Im afriad - and the reason why many people are draftign up complaintletter to the law society - but that another matter.

 

Dont panic you are on track, as Dellar has pointed out to you.

 

take care and keep us informed.


Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

Share this post


Link to post
Share on other sites

I have today received the Allocation Questionnaire.. but I have not yet sent my reply to the Defence/CPR 18 request received from Cobbetts (I was going to send the standard letter as posted by Martin3030, along with my schedule of charges).

 

Should I still send the letter to Cobbetts, AS WELL as completing and submitting the AQ?

 

Thanks,

Claire

Share this post


Link to post
Share on other sites

Yes send the letter to Cobbetts along with your scedule and then return your AQ.


IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

Share this post


Link to post
Share on other sites

I received my AQ which I have sent off, but with it was a Notice of Transfer of Proceedings to my local court... should this concern me? I have sent the AQ to the correct place, but I'm just worried that the fact that the case has moved to my local court may mean that they are prepared to take it to Court?! Help! Has this happened with anyone else?

Share this post


Link to post
Share on other sites

Hello angelclaire.

 

Dont worry its all pretty std stuff.

 

Did you make your claim using MCOL? If so, all claims are processed via Northampton cc (I think it's northampton, anyways:)) and then transferred to a court local to you.

 

Again, this is nothing to panic about, you should be seeing your monies fairly soon!!! However, and in no way to try and disillusion you, there is (as ever) a small chance (and it is only a very, very tinsy-winsy chance) that any one of us could end up in court. This much was made clear prior to going down the small claims path. Seeing as though you have come this far (as have I) I am sure that you have taken the necessary steps and have a gander through the court bundle section in the FAQs? If not, do so, if you have (as have I) STOP worrying, it is now simply a waiting game and Natwest usually crumbles first;)


: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

 

Share this post


Link to post
Share on other sites

Hi there,

 

thanks for your reply, but you have scared me slightly, I have looked for the court bundle thing that you've mentioned, but I can't find it, where is it? If it proceeds to Court then I will crumble, I have got so far on a wing and a prayer! Thanks very very much for your response, appreciated.

Share this post


Link to post
Share on other sites

You're doing it again...STOP PANICING!!!!!

 

You can find the court bundle in the bank templates libary

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

In the unlikely event that your case actually goes to court then the very knowledgable chaps on this forum are here to assist you all the way..they'll enjoy chewing Cobbetts solicitors up and spitting them out again:D!!!!

 

I hope this helps to avert any future panic?;)


: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

 

Share this post


Link to post
Share on other sites

Thanks again! Guess what? I just got a letter from Cobbetts offering me £1600.00.. (about half of my bank charges).... what the heck should I do now? Thanks SO much for your help!!

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...