My bro Vs NAtwest

[charlieboy2007]

Hey indebtstudent,

 

Let me know how it goes.Ive a similar problem with my Natwest Current account. Ive just sent off for the statements. Im getting charged left right and center.

Charlieboy

[indebtstudent]

Help needed with MCOL.

 

I'm a little confused by the template - do I have to make seperate claims for each account?

 

charlieboy rest assured you will win the banks don't have a leg to stand on. suggest parachute account first though.

[hedgey06]

Help needed with MCOL.

 

I'm a little confused by the template - do I have to make seperate claims for each account?

 

I'd assume you do have to a seperate claim for each account................. but bump for someone with more experience than me xx

[muggins73]

It is totally up to you.

There is one major problem with doing both your current and cc accounts seperately and that is simply you'll have to pay twice.

What I, and many others on this forum have done, is to add each of the accounts together, detailing them seperately on your N1 claim form.

This is where the problem with mcol lies and is part of the reason I opted to go via my local county court instead.

1) You are unable to send a copy of your schedule for charges. This has to be done at a later stage, direct to the court.

2) The banks often respond to your claim (via their defence) stating that you haven't properly particularised your claim due to the lack of space the mcol template provides you with.

 

Rest assured it is complete dribble and is easily rectified, but its worth mentioning. Many users of the forum have issued court proceedings via mcol and have found the above nothing more than minor hic-cups.

[indebtstudent]

Think I'll add them together, I must say the court form is a right faf, think I'll type it out on word and copy it in. Very annoying that I can't save as I go but I see where they are coming from.

[muggins73]

wish choice indebt,

 

Annoying yes, but saves you a little bit of hassle in the long-run.

 

Don't forget to send three copies to the court for their officially stamp. You'll get one copy back for your files and they'll serve one on Cobblers and keep one for themselves.

 

Then it's a matter of waiting to see what loada drivvel Natwest come up with by way of a defence.

 

Let the fun commence:)

[indebtstudent]

They have until the 17th to reply. They haven't even responded to the two previous messages but I bet sod's law dictates we won't sneak a court case by them.

 

It is quite amusing actually the only reply we got was from the credit card offering about £40 - the difference between thier charges and the £12. I sent them a stinking letter back saying we would proceed to court and thier letter did not acknowledge the specific points I raised in my complaint ie they kept saying thier charges are fair and resonable. At no point did they use the word lawful.

 

I do hope thse organisations lose a heck of a lot of money.

 

With hindsight I wish I had learnt a little more about default removal as, when I think about it, they've been sending him demands for £4k but his agreed OD was £1,100 and the total just for the current accounts is just over £3k. Damn!

 

That said he has other defaults and so the cash is probably more useful to him at this stage.

[indebtstudent]

Well it's slowly creeping towards the 17th and no word from Cobbets. My only concern now is getting somebody to attent court. If they don't turn up on the 17th do they lose? Or are there two stages?

 

I'm having the usual flushes of doubt now since this is my first time. Keep thnking to myself its gone to plan this far...

[muggins73]

Afternoon, indebt

 

The bank will now either....

 

A) Ignore the claim completely - they can claim incompetence as the reason for not Acknowledging or defending and you win by 'default' after 14 or 28 days respectively. You will need to apply for a "Judgment in default" which you should do as soon as the time limit has expired. Unfortunately, they have a sneaky way of getting their defence in just at the last minute.

 

If they get a defence in before you apply for the judgment, then they gain the right to proceed into court if they want. It is also true that they may be awarded a 'second chance' (called a Stay) which might delay things a little, but in the long run will have no impact.

 

B) Acknowledge the claim - this buys them a further 14 days to enter a defence. Some banks will acknowledge the claim and then pay up. They know you MEAN it now! For every threat that gets this far, there are many more that give up long before this point and they know it.

 

Some will acknowledge the claim, but 'forget' to enter a defence - after 28 days from the date the papers are served on them you will have won by default and you will get all your money back. Once again, you will need to apply for a judgment. If they do not pay you in full, you have every right to send the bailiffs in - this can also be done from the moneyclaim.gov.uk site or by applying in person at your local court (if you started your claim this way). This however is rare.

 

C) Settle the claim in full, including interest and court fees (if they offer to settle for anything less, then refuse - YOU WILL GET THE FULL AMOUNT)

 

D) Submit a defence. If they do this, the court will send you an Allocation Questionnaire form to complete. This is quite straight forward and, once again, there is help for completing one. See HERE

 

Stop the hot flushes immediately;)

 

This is the fun part and is all part of the process......waiting.

 

If you do not receive a defence, apply for the judgement as a precautionary measure, but be ready for the fact that they've pipped you at the post.

 

Good luck.

[indebtstudent]

So what I need to know is will we have to be there on the 17th?

[muggins73]

Now I'm confused:confused:.

Is the 17th, the date which Cobbetts have to enter a defence in response to your N1 claim form, or even your LBA?

Either or, you do not have to attend court at this stage as everything is done via forms and the post.

Your case hasn't even been allocated to a track as yet (usually small claims, and is how the court/ judge deals with your claim) until to hear back from the court giving you a date to attend then I wouldn't worry yourself. Hence my last post.

[indebtstudent]

Yeah I realize I'm sounding like a loon!

 

Stupid Natwest won't refund Cc charges even though I have pointed out it will cost them more in the long run.

 

The 17th is the date they have to enter a defence and, as yet, there has been no word. We have the form poised to send in the minute the day comes.

[muggins73]

Yeah I realize I'm sounding like a loon!

 

Stupid NatWest won't refund Cc charges even though I have pointed out it will cost them more in the long run.

 

The 17th is the date they have to enter a defence and, as yet, there has been no word. We have the form poised to send in the minute the day comes.

 

No worries, and I thought it was me going round the bend:p

 

With ref. to the cc charges, if they wont listen to reason, then tough, it's more money in the Kitty for your brother. Think of it as a celebratory drinks fund:D

 

Unfortunately, they have a nasty habit of getting their defence in just at the last moment, otherwise apply for a "Judgment in default" which you should do as soon as the time limit has expired.

Fingers crossed. Let me know how it pans out.

[indebtstudent]

They did pop a defence in on the 15th, we've not recieved it yet but apparently it's on the way.

 

One more q have I made a mistake here - can I represent my borther in court? He's not as well up on this as me, I know I cannot pretend to be a solicitor but I'm doing it for no reward. Should I have put this on the claim - do we need to resubmit?

[fendyweather]

I would either PM a mod about this one, or ring court tomorrow and ask them. Theyre pretty good with advice so will be able to tell you if you can do this or not, and if not, why not, and if so, what you might need to do, fill in form wise, to enable you to do this. Best of luck Fendy....xxxxx

 

And also bump for a mod. xxxx

[indebtstudent]

I shall ring the court as soon as possible. I'm also going to complain to Natwest about the crappy envelope they send the statements out in, it's just not good enough. Could use a look at anyone else who has posted on this topic. I looked but I couldn't find the thread I was looking at before in relation to this.

[indebtstudent]

Recieved two letters from Cobbetts today totally roughl £2,000. I haven't looked at them yet but sound like we have thier attention. Must snowed under poor beggers, lets all get the violins out

[muggins73]

Recieved two letters from Cobbetts today totally roughl £2,000. I haven't looked at them yet but sound like we have thier attention. Must snowed under poor beggers, lets all get the violins out

 

It certainly seems that way;)

Violins maybe...sick definately:D:D

[indebtstudent]

Right recieved two identical letters which were clearly templates. I'll type them up and post them as I want to send a very good response, example the accounts are closed yet it still makes reference to the use of banking facilities in future.

 

And yes there are using the service charge argument so I am going to ask them what service a customer recieves when an item is returned. Over thirty pounds for NOT doing a transaction. Hmm...

[indebtstudent]

Have recieved a letter from the infamous Stuart Higley, you might want to activite your BS filters before you read the next post an my immediate response...

[indebtstudent]

Natwest rubbish reply

 

Thank you for your recent correspondence. I am sorry that you have concerns regarding the charges that have been applied to your account.

 

We explain all our terms & conditions including our fees and charges at account opening and they form the basis of your agreement with us. Full details are available at any time on our website and in our branches, and updates are sent out regularly to our customers. For you convenience, I am enclosing our current terms and conditions (including fees and charges) that apply to your account.

 

NatWest has for a number of years provided many every day banking services to customers free of charge when accounts are in credit or within a previously agreed overdraft limit. These services include access to our branch network, cheques, Direct Debits, Standing Order, UK debit card transactions and UK ATM withdrawals. It is also important to us that our customer have every opportunity to arrange suitable borrowing facilities with us should they require extra funds whether through our branches, online or via our UK based call centres.

 

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.

 

For these reasons, we do not agree with the basis of your complaint. We believe that the charges we levy are for providing services and that they are no penalties or charges for default. Furthermore we believe that these charges are fair, reasonable an transparent.

 

However, having reviewed your case and as a gesture of goodwill and without admission of liability or error, in this instance we are prepared to offer the amount of £2,401.00 paid direct to your account.

 

( he goes on a bit here I’m quite capable of reading and signing a form!)

 

Any charges that properly accrues in the future will be applied to your account in line with our published tariff and in accordance with your agreement with the bank. Should you be unwilling to accept any such charges, then we may need to consider if we are prepared to continue to provide you with your existing banking facilities. Instead we may off you a simple account that does not offer borrowing facilities or other services that can result in charges.

 

I trust that this will resolve your complaint, however for the sake of completeness I am enclosing a leaflet explaining the options available to you should you with to take matter further.

[indebtstudent]

These are just my first thoughts which I'll hammer into better shape for another letter.

 

1. I'm going to ask for old copies of the T & C's since it is these that we are really concerned with. If they won't provide these then what are they trying to hide?

 

2. From what service am I benefitting when they charge me for returning a DD unpaid? That is to say charging me for NOT making a payment. Does it cost that much for two computers to talk?

 

3. I believe they have failed in thier duty to treat customers fairly, a very important FSA initiative (didn't see that coming did you Stuey...)

 

4. 'Having reviewed your case' liar you did nothing of the sort, and the next point will back this up.

 

5. Oh no they might have to consider what facilities they offer in the future and they will make a payment to the account. Erm what account? It has been closed and they are pursuing my bro for the fees...

 

6. Too late guys we've already filed for court so unless you settle now it is going to cost you more as each day passes. Oh and we stated in the court claim cheque NOT credit to the account, if you pay to the aco**** (which is closed) my bro cannot access it and since you've defaulted him anyway he'd rather have the money thanks.

 

If the charges are refunded then we will persue you for removal of the default.

 

7. "I trust that this will resolve your complaint" Why would it? You haven't even looking into the account and are clearly sendiing out a standard letter. Now I'm even more annoyed and am in two minds whether to point out his errors (as well as complain to the FSA about how economical they are with the turhs, and the company Director, not that he'll care but I can hope for criminal liability at some magic future point! lol), or just reply in the brief manner they do, I do not agree and I look forward to settling the matter in court.

[muggins73]

I know how frustrating this can be, but there is no reasoning with them.

If I was you, I'd be inclined to let the court proceedings take their course and save all this energy for a response to their defence if necessary.

You must be seen by the court to be acting fair and reasonably, not losing your rage, however tame it may be:)

[indebtstudent]

It's just the way I am, I can't stand liars...

[muggins73]

It's just the way I am, I can't stand liars...

 

I'm right there with ya, two-faced so-and-so's are not on my christmas list, for sure:D

 

But, it's best to keep a clear head and stay focused. You don't want to give them any amunition that'll jeopardize your claim. Just some friendly advice, sometimes it would be a lot simplier if we could meerly bash their heads against a brick wall, but we have to play nice I'm afraid;)

It'll all be worth it in the end though, mark my words.