Glennbo vs. Natwest

[Glennbo]

I have started the process with my natwest c/c and have been sent all the statements from the past 6 years.

 

I recently found my acc no. for my old student account with them, its a shame I closed it in 2000 as I wont be able to tot-up all the charges they imposed on me just b4 closing... to cut a long story short: I had 2 accounts with Natwest and had been paid in my current account for summer work and planned to put my loan and student grant in the other. unfortunately, over the summer I hadn't fully paid off my overdraft (~£500) so they decieded to turn my student account into a debt recovery account! Took ages for me to get my loan and grant, but i thought i'd be ok as i could live off the money in the other account. Natwest, however, had other ideas and transfered the money from my current account to the student account with out my permission!!! Eventually I paid off the overdraft with my student loan but had about 2 months with liturally no money at all!!! Natwest liturally took food out of my mouth!

 

I'm having this quick rant because I feel people need to know how Natwest operate. -probably not too relivent for this forum, sorry

 

Once I have got my money back I plan to close the account and never use them again!

[Glennbo]

Ok, worked out they owe me £367 (with interest), not a massive amount but will pay off some of my C/C

 

I'll send the claim letter later today by recorded delivery.

 

Can I claim back the £10 for accessing the information under the data protection act?

 

Cheers,

 

Glenn

[quinny1]

Good luck Glenn.

 

I seem to recall I wrote off the £10 fee,and looked at the long term aim.I'm not sure if anyone has claimed back the £10,but I'm sure someone will put me right.

 

If it gives you any heart,feel free to look at my thread amongst others:

 

Quinn v Nat West.

 

Ken.

[Glennbo]

Thanks, i'll have a little look at your thread... ok, think i'll just leave the £10 - if they make me go to small claims I'm so adding it on thou!! hehe

 

Need to say this forum is amazing, feeling the support already, thanks.

[Glennbo]

Had a letter back saying they are sorry I am unhappy with the charges but they believe their charges are "fair, reasonable and compliant with all applicable laws and regulations. They do not agree with the assertions made in my letter and do not consider that any refund of charges is due.

 

So I guess I seend a letter threatening court action now

[hedgey06]

Hey Glennbo - your very first bog off letter! Lucky you!!! Get your LBA filled in and sent off recorded delivery to the very special Stuart Higley, same address as the prelim (Borehamwood). Good luck

[fendyweather]

So long as youve left it 14 days after sending the prelim, regardless of what their response has been so far, if they havent come back offering you the whole amount by 14 days being up, then you do the LBA giving them a further 14 days before starting court action. All the best. Fendy xxx

[Glennbo]

Thanks for your help and support guys... exactly what I needed I'm gonna make a LBA now.

 

cheers

[Glennbo]

Ok,

 

I have taken this to the county court system, Cobbetts sent a defence and I filled in a N149 survey.

 

Cobbetts have now sent me an offer!

 

They owe me £416 plus the £65 court fees, and with interest that comes to £593.36

 

However, they are saying they will not look at the fees from Jan 2001 to July 2002 because they are outside the 6 year limitation period. But they weren't when I originally made the request - does this matter?

 

Also they are took off £50, which I was paid as compensation for Natwest charging me even after I'd set up a standing order and was paying them every month for 9 months! Can I dispute this?

 

In all they are offering £373.36 if I agree to some terms - i.e. not disclose the fact they paid out. How binding is this?

 

Sorry for all the questions - its all getting a bit legal now so I need help, Thanks.

[yourbank]

Glenn, when did you actually file the claim in the courts? Was the £50 actually paid onto the credit card and was it a refund on 2 £25 charges? If that bit is true then the £50 is right, but need more information first and I am sure others may be able to help on other qustions re statute of Limitations.

[Glennbo]

Thanks for the reply

 

Court claim for filed on the 4 August 2008.

 

The £50 was paid to my credit card, and just thinking about it that was the difference between the OFT recommended £12 charges and £18 and £25 charges taken... so ignore that bit ;-)

 

First claim - Feb 2007

LBA - March 2007 and second one July 2008

Edited September 25, 2008 by Glennbo
for got to say thanks

[WendyB]

Not sure on this one tbh.

 

However, I won with NatWest c/card and found their solicitors (Cobbetts it was at the time - is it still them?) to be very reasonable to deal with. Have they detailed how the offer to you is made up? They made me a pathetic offer in the first place, but i negotiated with them and finally settled for the full amount less about 20 quid (thoguht I'd be reasonable lol) plus s.69 stat interest and court fees.

 

It might be worth ringing them and pointing out that you originally started the claim in Feb 07 etc which makes the statute of limitations a bit redundant, and that you have documentary proof of this, so would they like to up the offer etc etc....you could also write to this effect, but i must say if it was me I'd try a phone call first, see what happens.

[Fred_Funk]

Sorry guys, maybe I'm missing something here but: (1) Why is this in the PPI forum? and (2) How come Cobbetts are making offers when, I understood, all claims are stayed pending the result of the test case?

[yourbank]

FRED, this is not the PPI forum and this one is a credit card claim NOT affected by the OFT test case.

[Fred_Funk]

FRED, this is not the PPI forum and this one is a credit card claim NOT affected by the OFT test case.

 

Well spotted. I've been spending far too long on the PPI forum of late - so much so I completely forgot that I'd migrated across here... doh!

[Glennbo]

Thanks WendyB and yourbank

 

It is still Cobbetts LLP - the letter was very standard and they don't admit to anything.

 

If anyone know's the legal basis of the 'limitation period' that would be great. Otherwise, I'm gonna try and blag it! I'll tell them the dates I put in the FOI and LBA ;-)

 

I think I'd rather communicate with them by letter as I then have evidence of the discussions.

 

Cheers guys, very helpful as ever!

[steven4064]

Hi Glennbo

 

The limitation period comes rom the Limitations Act 1980. Section 5 says that, for actions based on simple contract, the limitation period is 6 years (in England and Wales - in Scotland it's 5 years).

 

Certainly, you should always deal with them by letter. Putting it another way - don't speak to them on the phone

 

Also, you won't get away with anything if you 'blag it'. Base you case on solid facts and a good understanding of the law. Anything else will land you in deep doo doos.

[Glennbo]

This is what I'm gonna say... Any thoughts?

 

I refer to your letter dated XX Month 2008, which outlines a confidential goodwill gesture from Natwest to myself.

You refer to a 6 year ‘limitation period’, and state that Natwest will not be refunding me (via a goodwill gesture, of cause) for the period Jan 2001 to July 2002. I have included some of the correspondents between myself and Natwest. You will see I originally put in a claim for the charges in February 2007 – so if you were to continue with this line, surely only one month is outside of the ‘limitations period’. I would like to point out Section 32 (b) of the Limitations Act 1980. This implies that customers would be able to have their bank charges refunded, dated back to when Banks started using computerised accounting.

I do understand the olive branch Natwest have offered, and I do think more highly of them as a result. I believe I would be more inclined to accept an offer closer to the amount asked for (£Total) under the following terms:

1. Natwest may pay this sum directly to my Natwest Mastercard account, and they may even pay off the ‘purchases’ debt first before the ‘cash advances’ debt.

2. I will accept that the £50 already paid effectively covers the court costs.

3. I am happy not to disclose the gesture of goodwill to any third party – However, I do retain any rights given to me by law which supersede this point i.e. freedom of speech (Article 10, Human Rights Act 1998).

4. I will write to the court discontinuing this claim.

 

I've left out some of the details so as I am adhering to Term 3!!!

[steven4064]

See my previous post - your inference from s32(b) is seriously in error.

 

As this is a credit card, your best bet is to thank them for the £50, accept is as a part settlement only and carry on regardless.

[Glennbo]

Thanks Steven4064:

 

Section 5 says:

An action founded on simple contract shall not be brought after the expiration

of six years from the date on which the cause of action accrued.

 

To me the "date on which the cause of action accrued" could mean the point at which I took action and demanded the money back. Court action isn't implied (or is it?).

[jonni2bad]

The date of action is a court claim, not a letter... sorry.

[Glennbo]

Fair enough jonni2bad, I hoped that wouldn't be the answer

 

Still going to ask for the full amount, worth a try

[steven4064]

To me the "date on which the cause of action accrued" could mean the point at which I took action and demanded the money back. Court action isn't implied (or is it?).

No, the date on which the cause of action accrued was the date they applied a particular unlawful charge. The word action means court action.

 

Section 32 allows for remedy for fraud, concealment or mistake. You an argue that you paid the charges in the mistaken belief that they were lawful and the bank, although making the charges plain, concealed their true nature. You only found this out on some date more recently and that is the date the limitation period now starts from - the date on which the fraud, concealment or mistake was discovered or could reasonably have been discovered.