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dnamurphy

Murphy v NatWest

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Hi everyone!

 

I've finally snapped, and started something I wish I'd done some time ago. I've been persistently stung by NatWest :mad: and now I want to take control. The highlight of my relationship with NatWest was when they inexplicably bounced the same cheque 3 days consecutively, charging me for the pleasure each time. I sadly sat back and took it, and so I'm really glad I came accross this site - time for some payback!

 

I'm a student, and this is/was my student account, but I also have another current account that has accrued many charges too. I've written out the S.A.R - (Subject Access Request) letter ready to post tomorrow, but I thought I'd pop on and say hi to everyone and wish them all luck in their claims.

 

I hope people will periodically check up on me - and though I'm certainly no expert, I hope that as I get experience of the process, I can go on to help other people later on.

 

Cheers!

 

David


04/1/07 - S.A.R - (Subject Access Request) letter sent out

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Hi there David and Happy new Year to you:)

 

Well done on taking the first steps to getting what is rightfully yours!!!

Do take time to read through the FAQs and follow the step-step-guide in this forum and you wont go wrong.

 

Make sure you keep us posted and, as always, there will be a multitude of helpers on hand to help you at every stage.

 

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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Guest NATTIE

Just to clarify things was it the exact same cheque bounced 3 times because that is very helpful evidence for you about the nature of automated transactions. A cheque should only be bounced a maximum of 2 times(ie Refer to drawer please represent and Refer to drawer). Good Luck and all charges letters goes to Customer Relations Unit Borehamwood.

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Hi muggins73 - thanks for the warm welcome, and Happy 2007 too!

 

I've already had a good look at the FAQs and some of the existing cases against NatWest, so I have a relatively good idea of what to expect!


04/1/07 - S.A.R - (Subject Access Request) letter sent out

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natweststaffmember - to be honest, I can't remember the particulars - it was a few years back. I seem to remember it was 3 times, but I'll obviously be able to check when NatWest send out my statements.

 

I sent out my SAR letter today (recorded post, Borehamwood), so I've started on the long path! (Deep breath!) :D


04/1/07 - S.A.R - (Subject Access Request) letter sent out

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natweststaffmember - to be honest, I can't remember the particulars - it was a few years back. I seem to remember it was 3 times, but I'll obviously be able to check when NatWest send out my statements.

 

I sent out my S.A.R - (Subject Access Request) letter today (recorded post, Borehamwood), so I've started on the long path! (Deep breath!) :D

 

It may be a long road, but gosh is it satisfying:p!!!!!!!!!


: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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Grr...! Just seen even more charges put on at the end of December :evil: Going to be so sweet reclaiming those ones....

 

Is there anything I should do preparation-wise while I'm waiting for NW to churn out all of my statements, or should I just be sitting back and relaxing (or indeed actually doing some work!!) before the storm?

 

I'll take a look at the next couple of stages, but I have a fair idea already what I have to do...


04/1/07 - S.A.R - (Subject Access Request) letter sent out

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Just keep reading and reading and reading, best to know as much as you can!!


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

 

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deller knows his stuff and reading is a very good idea;).

On top of the sheer amount of reading I had to do, I copied and pasted the letters for the next two stages as a word document. This meant that it was simply a matter of filing in the blanks and sending it off as soon as I had the relievant info. That's all you can do really, you'll soon learn that this claiming lark is a bit of a waiting game:)


: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 dnamurphy,

Long time no chat (on this thread anyway) any news on your SAR, yet?


: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!

 

Sorry, I've been out of touch - had a very busy January, but I received a big wad of paperwork from NatWest, so I'm tabulating the charges, and about to get ready to start on the long road. I'm hoping to clear off some work I'm doing first before I commit to it, as I don't want to find myself taking on too much at the moment!

 

Update to be posted soon, but just looking at the charges history, it looks like it'll be a nice windfall for a mere student like me!


04/1/07 - S.A.R - (Subject Access Request) letter sent out

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Guest NATTIE

dna- since I first posted there is clearly a change in NatWest policy who seem to be refunding charges before any court action. It is a window of opportunity to get it back RIGHT NOW. Hope that helps

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I concur, the sooner the better. Keep us posted asap.


: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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Very interesting - I assume the procedure is largely the same? Am I still able to claim for the statutory interest?


04/1/07 - S.A.R - (Subject Access Request) letter sent out

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Yep, no probs (as far as i am aware)


: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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Right, firstly apologies for slacking on the bank charges. I'm trying to claw back some free time from a very demanding timetable, so I'm now committed to claiming back my charges.

 

I've totted up the bank charges from both of my NW accounts, and its come to (pre interest) £1124, which is a nice sum for this student.

 

One thing I'm a little confused about is the recent change in attitude to claiming interest etc. The game's changed since I first looked into reclaiming.

 

Should I now be writing my prelim letter with figures inclusive of s69 interest, or something else. Having re-read some of the discussions, I'm a little confused about the seemingly many different flavours of interest available.

 

Is the plan to aim high and settle low, or are NW still only paying out charges without interest?

 

Thanks to whoever reads this... I promise I'll get on the ball now!


04/1/07 - S.A.R - (Subject Access Request) letter sent out

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Hey murphy, the general advice at the moment is to 'hide' the interest column when sending your schedule of charges with your prelim and lba. Basically, the s69 interest should only be added on at the court stage so if you get an offer to refund all your charges at the prelim or lba stage - accept!!!! :D


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Hi,

 

Thanks hedgey - I'm still a little confused though - I've noticed a lot of threads where people are sending prelim letters with 8% or contractual interest, getting settlements back for just the charges then pushing forward for the interest. Is this not the best way forward?

 

Although I'd like the money back, I wouldn't sniff at 8% interest, and certainly not some of the contractual rates being quoted. I know that in principle you can only claim s 69 interest if you start a claim in the small claims court, but people seem to be jumping the gun now!


04/1/07 - S.A.R - (Subject Access Request) letter sent out

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only a court can award s69 interest so dont include it in your prelim or lba . you can include contractual interest from the start,

luco


I won £5289 heres how

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/40703-saint-luco-natwest.html

 

 

ITS NOT WHETHER YOU WON OR LOST, BUT HOW YOU PLAY THE GAME THAT MATTERS. ( OBVIOUSLY A LOSER THEN):D :D :D

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It's totally up to you which route you take dnamurphy, and you are right in only wishing back what was rightfully yours in the first place. However, once reaching the court stage, which you're more than likely to do you will be able to claim s69 interest as this is deemed fair by the courts, so dont knock it back because this too is rightfully yours.


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

 

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Ah, OK - so presumably I'd need to change my prelim letter to mention the contractual interest - can anyone suggest a relevant paragraph to put in? Based on posts in other threads, how does:

"I calculate that you have taken £1124.00, plus £640.58 which I am claiming at your unauthorised borrowing rate of 29.69% under the principle of mutuality and reciprocity, which applies to this account. Total £1764.58. I enclose a schedule of the charges which I am claiming with this letter. The total amount owed will increase each day as a result of the compound contractual interest rate at the advertised unauthorised borrowing rate."

sound?

 

 

Another stupid question would be, which spreadsheet file should I be attaching and using? :confused: I've just moved the charges into "Throughout claim with contractual interest".

 

So would the game plan to counter their settlement offer of charges with charges plus (as a gesture of goodwill) 8% as per s 69 stat interest? Or has anyone gone the whole hog and recovered charges plus contractual interest?


04/1/07 - S.A.R - (Subject Access Request) letter sent out

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Hi Deller1, thanks for your post. It's my understanding that most claims don't get to that stage with Natwest now, as they settle early? In those instances, where you hadn't claimed for s69, you'd presumably be obliged to accept their offer?


04/1/07 - S.A.R - (Subject Access Request) letter sent out

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I'm at court stage with them and have just had a copy of their defence. Which spread sheet are you using? I went for Vamp's simple version of contractual interest in other claims.

 

When you get to the court stage (assuming you do) it is a good idea to give the judge one alternative i.e unauthorised or 8% statutory in the alternative. You could offer 2 alternatives the last one being authorised rate. This will show you are not greedy. Just keep to the one rate until your N1 or MCOL.


If my advice has been helpful tip the scales

 

West brom SETTLED

 

Halifax current SETTLED IN FULL

halifax curent (2nd) stayed. Visa - SETTLED

2nd visa LBA sent

halifax for the 3rd time. LBA sent

 

Egg - SETTLED GE Money - SETTLED Barclaycard SETTLED twice

 

Sainsbury's - Awaiting court date

 

Co-op cc SETTLED IN FULL 2nd claim. Settled in full

 

 

National Westminster Settled in full. 2nd claim. N1 submitted

 

 

HFC bank SETTLED. HFC 2nd claim - lba sent 21/10/08 Time Retail N1 filed Argos settled in full Creation - SETTLED IN FULL

 

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