Bobbair vs Natwest

[Bobbair]

SAR going out today for a current account (now closed) and a credit card account (still open but with nil balance). I don't have full statements but reckon I can potentially claim several hundred pounds. Presumably it is best to proceed with this as two seperate claims (one for the current account and one for the credit card?)

 

Am sending bank account SAR to:

Mr Alex Lyons

Data Protection Manager

Retail Regulatory Risk

2nd Floor, Business House B

GOGARBUREN

P.O.Box 1000

EDINBURGH EH12 1HQ

And credit card SAR to:

Credit Card Operations

Regulatory Risk

PO Box 5636

Southend on Sea

SS99 1WJ

Will keep you posted with how i get on!

Bobbair.

[Bobbair]

Got a letter back for the credit card SAR request.

 

"Dear Bobbair,

 

I refer to your recent letter requesting details of all charges applied to your account since it was opened.

 

I confirm safe receipt of your £10.00 cheque and that copy statements will be sent to you within the 40-day timescale, detailling the required information. Please note our retention period for copy statements is seven years.

 

If you have any queries please do not hesitate to contact me.

 

Yours sincerely,

 

Mrs M Carpenter

Data Protection Officer"

[Bobbair]

Well, Natwest were fairly swift in responding to the current (student) account SAR - statements going back to 2000 arrived in a ripped tatty thin brown envelope today. I graduated in 2002 so I don't expect I'll have a great deal of charges on this account, probably only about £100 if I go back 6 years from now. Still, all helps. Time to start sifting through all those statements then playing with Excel and writing some letters!!

[muggins73]

Good going Bobbair, I've never known Natwest to be that proficient in anything, you lucky devil:D

Now the fun really begins. Take time to ensure that you schedule is A1 correct. Any probs let us know.

Good luck.

[Guest NATTIE]

bobbair just to mention this one but a user has received statements from 1992 on this site so if the account was opened for that period you may get more than 6 years worth

[Bobbair]

Account was opened in 1998. I am missing 37 sheets of statements. However, the statements received today represent a complete set for the last 7 years. If I am not going to claim for more than 6 years then I don't need to worry about the missing ones I guess.

 

As I expected, for the 6 year period there is only 180 of charges and 90 were repaid near the time of the charge (I remember now going into the branch at uni and having a 'chat' with the manager on each occasion!).

 

So the £90 charges + contractual interest at 16.5% = 191.65. Can i also claim back the £10 SAR fee plus postage etc at this stage?

 

This will be good practise for my A+L claim (likely to be in excess of 10x this one...)

[Bobbair]

Request for repayment of charges

 

What I require

I calculate that you have taken £90.00 plus I have also included the amount I calculate in compound interest at your published Unarranged Borrowing rate of 16.50% totalling £101.65. The total amount I am claiming from you is £195.65. I enclose a schedule of the charges which I am claiming with this letter.

 

My targets to resolve this matter

[Bobbair]

Bobbair

National Westminster Bank Plc

xx-xx-xxxxxxxxxxCLAIM DATE:13-Jan-2007INTEREST RATE:16.50%TOTAL PENALTIES 90.00TOTAL CONTRACTUAL INTEREST ON PENALTIES101.65TOTAL CLAIM:£191.65TOTAL AMOUNTS90.00101.65Charge DateCharge ReasonPenalty chargedDays Since PenaltyContractual interest on penalties26-Mar-2002Unpaid D/D Fee30.00175436.2824-Jul-2002Unpaid D/D Fee30.00163432.7831-Jul-2002Unpaid D/D Fee30.00162732.58

[Guest NATTIE]

Please edit the letter as Bank Templates letters are for Registered users only but sounds fine.

[Bobbair]

Ok, tried to post my letter and schedule, seems the schedule has lost its formatting there, nevermind. Other than the formatting, this look ok?

[Guest NATTIE]

yes looks good

[Bobbair]

Excellent, will post tomorrow. I take it I post to the same address I sent the SAR to? Many thanks for looking at it.

[Guest NATTIE]

you send it to Customer Relations Unit Borehamwood

[Bobbair]

Thanks for all the help, letter went off to Borehamwood on Saturday. Allowing two days for delivery, I guess the clock starts ticking as of tomorrow! I have to say that so far I have been impressed with how fast Natwest have responded.

[Bobbair]

Ok, no response to the prelim, so sent LBA today to the same address. I had been quite hopeful having seen others here get settlement at the prelim stage but looks like I'll have to go through the normal proceedure! Still heard nothing whatsoever from the credit card section in response to my SAR.

[Bobbair]

No word from Natwest Credit Card chaps yet on the SAR. 40 days runs out tommorrow i think. What is the best way to progress from here?

[Guest NATTIE]

7 day non compliance letter on DPA letter non response.

[Bobbair]

Non-compliance letter for the credit card SAR crossed in the post with full set of statements from Natwest (again, in a thin, ripped, brown envelope!). Put together my Prelim, do I send this to Borehamwood like the current account one?

 

Current account LBA has expired so I am going to spend the afternoon reading up on how to do an MCOL/N1.....

[Guest NATTIE]

yep with schedule of charges

[Bobbair]

Thanks, got my credit card prelim sorted now.

 

On the current account, looks like I'll have to go for an N1 for the claim as the limit on the POCs on MCOL is ridiculous! Looking around on the forum at the minute for some good wording....

[Michael Browne]

4. Particulars of claim - N1 - hard copy version

[Bobbair]

Ta, had seen that one, was wondering though whether I should try to cover all bases and claim contractual interest in the first instance and 8% statutory in the alternative, something like this one:

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/56352-josa-natwest-6-years.html?highlight=murky+waters#post498946

[Michael Browne]

Entirely your choice but if you are claiming contractual, this should be mentioned in both the prelim and LBA letters.

 

"The Claimant also claims interest at a rate of xx%, from the date of each transaction to (date of claim) of £xxxxxx, as set out in the attached list of charges. The claimant further claims interest at the same rate up to the date of judgement or earlier payment, at a daily rate of £xxxxx per day.

 

The Claimant believes this rate to be justified under the principle of mutuality and reciprocity, and is based on the Defendants overdraft interest rate that would be applied under the terms of the above mentioned account.

 

Should the court find that this interest rate is not applicable, then as an alternative the Claimant wishes to claim interest pursuant to section 69..etc......"

 

[Bobbair]

Yes, I have mentioned it in my Prelim and LBA as below:

 

Request for repayment of charges

 

What I require

I calculate that you have taken £90.00 plus I have also included the amount I calculate in compound interest at your published Unarranged Borrowing rate of 16.50% totalling £101.65. The total amount I am claiming from you is £195.65. I enclose a schedule of the charges which I am claiming with this letter.

 

My targets to resolve this matter

 

Thanks for the wording, will be useful, I'll post what I eventually come up with on here later.

[Michael Browne]

Be aware that claims for contractual are untested in court and Natwest are tending to offer settlement + s69 8% after the AQ stage, which if you refuse, leaves you arguing in court just for contractual.