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Petrafyde vs. NAtwest


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That was my thought, Nattie - but very odd partials, doncha fink?

 

W

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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Hi

 

Did my e-mail to you get through OK? Sorry for the late reply - I was doing my tax return.:eek: It wasn't working for me!!!!!:o

 

Westy

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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Hi petrafyde,

Just read your post in cornflakes thread, and I'm glad to hear that you've got your spreadsheet in order and ready to go.

Thought I'd drop you a line as a token gesture and to egg you on a bit.

So...GO GET 'EM:D

Remember, we are here to assist you throughout your whole claim, no need to panic, let alone be 'petrafyde'. Think of it as a new and exciting journey (with a lot of waiting for news, to boot)

Good luck and keep us posted.

: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 Muggins,

 

Thanks for that - was a bit of a struggle at first but I've got the determination there now, so even if what I've done so far is wrong, I'll sort it :)

 

It is a new and exciting journey! You know, I must sound SO mercenary, but I keep thinking about all of that money they've taken away from me, and the hardships I had to suffer because of those unlawful penalties (see! I'm getting the gist! ;) ) and how I can repair some of the troubles being "hard-up" at the time caused. I can't remove some of it unfortunately, but I can pay off the others - and thats whats driving me (plus a new hat, and shoes.. I always need new shoes...)

 

Anyway, enough dribble - will post the prelim and an excerpt from the spreadie in a bit!

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You Go Girl, Fighting Spirit, That's What I Like!!!!:D:d

: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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Rightio! Feel free to tell me if I'm wrong anywhere as this is going tomorrow morning!

 

[my address]

 

 

 

 

 

[their address]

 

 

 

02 February 2007

 

 

Request for repayment of charges

 

 

Dear Sir/Madam,

 

 

Name: petrafyde

Acct ; 12345678

Sort code; 00-00-00

 

 

My request

 

 

I am writing to ask you to refund to me the charges that you have levied from my account since ** Month 2002.

 

 

I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, returned cheques, ‘card misuse’, ‘paid referral’, exceeding overdraft limits and so forth,is unlawful at Common Law, Statute and recent consumer regulations.

 

 

Additionally, it has now been confirmed that your particularly high level of penalties is considered to be unfair, per se by the Office of Fair Trading (OFT), who reported on the 5th April 2006, and they are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

 

If you maintain that your charges are not unlawful, then please demonstrate this by letting me have a full breakdown of the costs, to which you have put as a result of any breach of contract by me, in order to reassure me that your penalties really do reflect those costs.

 

 

These costs will include evidence of, for example, telephone calls (not sales calls), manually (not automated) produced letters, meetings, scheduled visits either to your branch, or to my house, and other activities.

 

I am willing to pay actual, proven costs only.

 

 

Your responsibilities

 

 

I would draw your attention to the terms of the contract, which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves in a manner which complies with UK law.

 

 

I have banked with NatWest for a number of years. I had always respected the Bank, and am shocked, and greatly disappointed that you have operated my account in this way.

 

 

I had confidence in your integrity, expertise and your fiduciary responsibility to me. I have complained about your charges on a number of occasions and have said that they seemed excessive. I consider that your repeated representations that your charges are fair and reasonable, are in fact quite deceptive, and that they have deceived me into agreeing to pay them.

 

 

The high level of charges has, been part of the root of my continuing overdraft, and breaches of my limit on numerous occasions, and have kept me in a vicious circle of charges/overdraft/more charges: in short, your charging regime obliged me to continue paying amounts far in excess of your true liquidated losses. Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

 

 

 

What I require

 

 

I calculate that you have taken £4,***.** in charges since ** month 2002. With contractual interest at your own rate of 29.69% for unauthorised borrowing amounting to £5,***.**, I find the total at 2 February 2007 to be, £9,***.** This sum takes into account earlier refunds of charges, which are also included in the summary provided. (See enc.)

 

 

You will note that I have included interest at the unauthorised contractual rate. I enclose with this letter a schedule of the charges that I am claiming, which are extracted from the statements supplied by you to me, either in paper or in electronic form from your on-line banking website.

 

 

I feel I am right to request interest from yourselves at the same unauthorised rate you charge me, as these unlawful charges are what I would class as unauthorised borrowing.

 

 

My targets to resolve this matter

 

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing to you in the hope that you will prefer to do this, rather than merely respond with standard letters and leaflets.

 

 

I give you 14 days from date of delivery,6 February 2007, to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours, with dedicated technical and legal resources.

 

 

After that second deadline, I shall issue a Court claim without further notice for the stated amount plus continuing contractual interest at the same rate.

 

 

 

Yours faithfully,

 

 

 

 

 

 

 

 

 

 

 

 

first middle surname.

Enc.

 

 

I'd just like to say a big thank you to Westy for his help too :-D

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HI petrafyde, although i am no expert, it sounds pretty good to me, good luck with your claim i hope it goes well,:D

:)I am not an expert at this, any advice i give is from reading posts on this site, its all in here somewhere :)

 

:) If i have helped please click the scales:)

 

NatWest Settled 16th february 2007----£3902.67 All charges, costs and s.69 interest

 

MBNA- S.A.R - (Subject Access Request) sent 25th March 2007

MBNA missed deadline, LBA for SAR sent 8th May 2007

CCA request sent 8th May 2007

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It'll do just fine. Not that they'll take much notice, but who knows, their tactics are changing everyday.

Let us know what response you get.

: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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You're welcome - anytime.

 

W

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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Hi Petrafyde!!

I wish you all the very best in getting back your money!!It is great to read your thread and see how much you have grown in confidence!!! I will continue following your thread with great interest as we too are claiming money back from Nasty west and have been in similar circumstances with overdrafts etc.

Many kind regards Trish :-)

If my advice has helped please click my scales

 

Should you require any further help feel free to pm me.

Nat West 2nd Acc

Prelim letter sent 8th Feb '07

:) Full Settlement Offer 24th Feb '07:)

:pMONEY BACK IN ACC ON MARCH THE FIRST '07:p

 

 

Nat West 1st Acc

Filed at court 2nd of Feb '07

Acknowledged on 15th of Feb '07

:rolleyes: Defence submitted 1st March 2007 :rolleyes:

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good on you, so hopefully next week, i can say congratulations on a win, seems to be faster on the money these days.

 

 

Hang on, this is me we're talking about and nothing is ever easy for me unfortunately!! PLUS I'm claiming the interest....so I'll expect a big fat no, anything else will be a bonus :D

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Hi Petrafyde!!

 

 

I wish you all the very best in getting back your money!!It is great to read your thread and see how much you have grown in confidence!!! I will continue following your thread with great interest as we too are claiming money back from Nasty west and have been in similar circumstances with overdrafts etc.

 

Many kind regards Trish

:-)

 

 

Thank you Trish, will go find your thread! Good luck!!

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Glad to see you're doing well.

 

Keep us posted and good luck.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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