Louisk vs NatWest

[Louisk]

Operation 'Dead Parrot' starts today

 

It amazes me that they know what they are doing is unlawful,

we know what they are doing is unlawful,

they know that we know,

they know that we know that they know that we know what they are doing is unlawful – but still they do it.

 

Sending DPA request and £10 cheque to Mr Lyons in Edinburgh via recorded post.

[Tristan28]

Good luck in your battle. If you don't get any joy from Mr Lyons try Stuart Higley at NatWest Customer Relations in Borehamwood, the address i son NW website.

[Tinkerbelle]

Operation 'Dead Parrot' starts today

 

It amazes me that they know what they are doing is unlawful,

we know what they are doing is unlawful,

they know that we know,

they know that we know that they know that we know what they are doing is unlawful – but still they do it.

 

Sending DPA request and £10 cheque to Mr Lyons in Edinburgh via recorded post.

 

Like it!! You go get em!

[Guest Lueeze]

Good Luck!

 

Lou x

[Louisk]

Its only been 10 days but I thought I'd send them another letter, as the cheque not been cashed or had any kind of response, just to remind them they have 30 days left to comply.

 

I notice in another thread a letter form NatWest saying their overloaded with requests - GOOOOOOOD ! I hope it hurts.

 

Do I sound bitter and twisted ?

[Omega 3]

They produced about three quarters of the required statements on about the 46th day for me in their trademark tatty brown envelope! They did not send me the DPA disclosure which I speacifically requested so I am going to write again to double check that there haven't been any manual interventions on my account.

 

Best of luck to you in your claim!

[Louisk]

Got some of the statements I was asking for on 16 May. Got alot I didn't ask for and all from 2002 to 2000 missing. Brown envelope 2nd class post.

 

Wrote a letter repeating my request for 2000 to 2002 statements and asking again about manual intervention - still on my time limit 14 June.

 

The total they have unlawfully taken so far is £1790 (2006 -2002), I expect there will be more in 2002 -2000.

[Omega 3]

Have a look at my thread, after receiving my statements i wrote again asking for disclosure of information under the DPA, specifically any manual interventions. The response said that their charges are applied automatically and that any manual actions would not be recorded as a matter of routine. In other words they've admitted that their charges are applied automatically, it is therefore surely going to be very difficult to justify £38 for a computer action!

[Louisk]

Thanks Omega 3,

 

Guess that would be very useful in court, but as its addressed to you no else could use it ? Almost certain they would n't dare go to court with that admission.

 

It just a little game we have to play with the bank to get our money back - I like games.

[Louisk]

Got a reply from Joyce Tudor today - totally ignoring the fact that they have only sent half the statements I asked for.

 

However there was a paragraph about MANUAL INTERVENTION as below:-

 

With reference to your request concerning any 'manual intervention' to the administrative charges debited, these charges have been processed in accordance with the terms and conditions of our current agreement with you as a result of activity on your account. In the event that you breach the terms and conditions, we will take the appropriate action, contacting customers when appropriate, or handling customer enquires regarding their account status. When a customer has raised a concern in relation to this process, and the decision will be communicated to the customer and where appropriate noted on the account.

 

not seen this response before on any thread - new tactics may be?

 

Sending 3rd letter requesting statements 2000 - 2002.

[Fred_Funk]

Louisk,

 

This does, indeed, appear to be a new approach from Nat West. Be that as it may, it seems to me they might just be digging themselves a bigger hole.

 

Ms Tudor says NatWest will 'when appropriate' contact customers and make notes on their accounts. This being the case, surely there ought to be some evidence of manual intervention in such circumstances... if, as it appears, there isn't then it seems to me there's even less justification for these punative charges.

 

What does everyone else think?

 

Fred_Funk

[af1]

It appears to me that they have not actually responded to the question as to whether there has or has not been manual intervention, and I don't think they'll win a prize for clear English in this case.

[Louisk]

Thanks guys

 

But I think we're getting too hung up about this 'Manual Intervention' stuff.

 

They seem to be using the Service defense now as the penalty charge does not give them a legal leg to stand on.

 

So I think we should concentrate on the counter for the Service Defense - which I must admit I'm not 100% clear on.

 

An idiots guide the to the service defense would be most appreciated.

 

yours thankfully

 

the idiot

[Louisk]

Finally got all the statements (2000 -2002 + 2002 - 2006 again !) in the standard brown envelope 2nd class post, and just 1 day over the 40 day limit. No notes on manual intervention - I'll take that to mean there has n't been any.

 

Total now stands at £3011. (it would be cheaper to bank with the MAFIA)

 

Dead parrot - sorry I mean - LBA 1 off to Borehamwood tomorrow, special delivery.

[Tinkerbelle]

Good luck!!

[Louisk]

Got a reply from Mr Higley today:-

 

We are very sorry for stealing your money over the last 6 years, the chairman of RBS group will be taken out at drawn tomorrow, put up against a wall and shot.

We will refund all charges made on your account and give you 10% of our profits for the next 6 years as a goodwill gesture.

 

The OFT was absolutley spot on and we will be making the approiate changes.

 

AS IF!

 

No just the standard naff off letter .

 

Fight goes on

[Louisk]

Time is up! Sent LBA today - they have until 14/7 to give me my money or its off to court we go - can't wait !

 

Revised my figure with thanks to Vamps spread sheet, now as I understand it I can only add 8% after I start court action ? This would mean that its in the banks interest (pardon the pun) to settle now rather than later n'est pas!

[Louisk]

Yet another letter from that nice Mr Higley:-

 

He regrets that there is nothing constructive he can add and make sure I send legal documents to the right address.

 

Do I have to wait for my 14 days or can I get stuck in now ?

[Michael Browne]

I'd still wait till the 14 days are up, so that you can show the court you have given the bank reasonable time.

 

That said, given such a definite refusal, some people file straightaway

 

Whichever you feel comfortable with.

[Louisk]

Started my MOL claim on 26th July - Bank acknowledge claim 28th

 

28 days and counting.

[Louisk]

Got my CPR 18 Request and defense today - formulating my response this afternoon, going to reject their CPR 18 request and in their Defense they state that I have not provided with details of charges and dates.....oh yessss I have sent special delivery have time, date and who signed for.

 

:D :D

[gizmo111]

Got my CPR 18 Request and defense today - formulating my response this afternoon, going to reject their CPR 18 request and in their Defense they state that I have not provided with details of charges and dates.....oh yessss I have sent special delivery have time, date and who signed for.

 

:D :D

 

yeah I recevied same today - with a few spelling errors!

[Louisk]

Good luck gizmo, lets see who gets to the finnish 'post' first

[gizmo111]

Good luck gizmo, lets see who gets to the finnish 'post' first

 

What response are ypu going to give them ? I was just going to send the following and hope for a cheque next week.

 

Cobbetts LLP

Ship Canal House

King Street

Manchester

M2 4WB

 

*date)

 

Dear Sir or Madam:

 

Claim No: xxxxxxxxxxxx

 

 

I acknowledge receipt of your defence & request for further information and clarification.

 

I anticipate that the claim would be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative. Should the court make such an order then I shall not hesitate to supply any onformation requested.

 

Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. However, for clarity, I confirm the charges I am claiming were applied to the following account:

 

Account Name: xxxxxxxxxxxxxxx

 

Account numbers: xxxxxxxxxxxxxxxxxxxxxxx

 

Sort Code xx

 

Amountxxxxxxxxxxxxxxxxx

 

 

Yours sincerely

 

xxxxxxxxxxxx xxxxxxxxxx x x

[Louisk]

hi Gizmo,

 

Yes basically its the same letter as yours - but they've really p****ed me off saying in a legal document (Defence) that I have not provided account number, sort code and details. I gave all this information to Mr. Higley with my last LBA.

So my response is:-

 

Dear shoemaker

 

Claim No: 6QZ49155

 

I Acknowledge the receipt of the defence posted on behalf of National Westminster Bank.

 

I am not prepared, at this stage, to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative.

 

Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. I obtained all of the information pursuant to this claim (vis the charges, account numbers etc) from your client, National Westminster Bank plc. I am therefore somewhat surprised that you have not been sent this information by them directly to enable you to defend this claim efficiently.

The fact your client has not provided you with account number, sort code etc. would suggest that your client does not wish you have these details, possibly for security reasons. Therefore for me to provide you with these details I will need written consent from your client to do so.

With regard to Defence section 3. “No admissions are made as to what charges have been debited to the Claimant’s bank account.”

This is blatantly untrue I have provided your client with all details regarding charge dates, amounts and detail, which incidentally were initially provided to me by your client, this information was sent to: Stuart Higley National Westminster House 225 Shenley Road, Borehamwood, WD6 1TE; 30 June 2006, Special Delivery Ref: ZV 1805 4108 4GB; received 3 July 2006 7:20 AM signed for by P.Sherley.

However I will take this opportunity to provide you with an updated schedule of unlawful charges made by your client including 8% interest, please find enclosed the aforementioned schedule. As soon as I am in receipt of written consent form your client with regard to account numbers and sort code I will provide these details.

Do you think this may be a bit strong ?