Me & my partner v. Natwest

[hedgey06]

Tis a bit addictive this place isn't it? Lol...... spend more time on here than I do anywhere else!!!! Oo er....... soz for thread hijack michelle....... my fault!!! Was just admiring Deller's speed!!!!!! xx

[MichelleMaurice]

No fair play to the lot of you! Thanks Deller - that's unbelievably helpful!

 

Also, I can't believe how quick you all are in responding! If only Natwest were this quick!

[hedgey06]

Lol.... nice one Michelle!!!!!! Nat West? Speedy? Think they need a few tips from Deller before they buck their ideas up!!!!!! xxx

[Deller]

Tis a bit addictive this place isn't it? Lol...... spend more time on here than I do anywhere else!!!! Oo er....... soz for thread hijack michelle....... my fault!!! Was just admiring Deller's speed!!!!!! xx

 

Cant remember what life outside this site is like anymore....lol

 

No fair play to the lot of you! Thanks Deller - that's unbelievably helpful!

 

Also, I can't believe how quick you all are in responding! If only Natwest were this quick!

 

Think we've all noticed by now that Nat West are hardly sprinters, hang in there though Michelle cos the outcome is always the same.....those spondoolies will be yours!!

[MichelleMaurice]

Hi again,

 

Okay - all is filed with MCOL. I've looked at the timescales - it says that my claim deemed served 5 days after filing (27th April roughly) - The bank will have 14 days from the deemed date of service to acknowledge (11 May) - The bank will then have an additional 14 days in which to file a defence - (25 May) - I'm away out of the country (ironically) between 11-26th May. Will I be required to do anything during this time? What happens with this? Or is this all down to the banks to do the work? I'm not even here to accept an offer...

 

Also, it says that once the bank has filed a defence, your claim will be transferred to your local court who will send you a copy of their defence and an Allocation Questionnaire which you fill in and return within 14 days - what happens if this happens whilst I am away? Am I at any risk of this being sabotaged?

 

Am I over thinking this? Help!

Michelle

[Deller]

It's just a waiting game now, there will be nothing you need to do until they actually file their defence and rest assured it will be right at the last minute as usual.

 

In regards to the AQ

 

See here:

 

Allocation Questionnaires - A guide to completion

 

You could also propose a Draft Directions Order:

New strategy for Allocation Questionaires

 

Other Information - Section G:

 

I am respectfully requesting that my claim be allocated to the small claims track.

 

This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

 

 

It's a bit of squeeze, but very important you enter all the details.

 

You will get 14 days to return this so it shouldn't clash with your time away.

 

Include copy of schedule

 

Cheque to HM Courts Service

 

Fee will be added automatically to your claim

 

Hope this helps!!

[Deller]

Just to add to that, now that you've filed your claim through MCOL you will need to send your schedule and ask for it to be attached to your claim.

 

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely,

[manecas]

hello i have tried on my thread but none answer can someone just tell me please wich adress i have to send the letter requesting my ccharges or statements from natwest ? i have the letter template but dont know the adress to where sentd the letter please help me thank you.

[Deller]

I've replied on your thread manecas!!!

[manecas]

yes thank you Deller you are okay and very helpfull thanks once again;)

[MichelleMaurice]

Hello again,

 

Just wanted to write to make sure this is what was supposed to happen - we got to the court stage and filed for our charges to be refunded. Natwest have now written us and refunded in full but accepting no liability. Is this the refund that I have been looking to achieve or should the court have refunded it for me? I'm quite happy to take this full refund? I'm just thinking about the onus of responsibility...

 

Michelle

[steven4064]

You don't need the court to refund it. If Nat West have refunded - great - that is what you wanted.

 

Now, if they have refunded EVRYTHING - all you asked for, including any interest, court costs and s69 interest (if you claimed it) AND the money is actually in your hand or in your bank account THEN you should write to the court and tell them the case is settled BUT only if all the above conditions are met.

 

THe responsibility bit is not really relevant. Nat West are basically saying they still don't agree that the charges are unlawful but they are payingyou anyway. Their rational for this is that just paying up is cheaper than going to court. It doesn't seem to have sunk in yet that the cheapest way of all is to pay up straight away!

 

Steven

 

[PPMAN159]

Just one word-I assume that Nat West have only refunded the charges and not the interest or court costs?

 

If you accept this then be prepared for them to insist that your Court claim is cancelled before they pay you out.I argued with them that I wanted top keep the case open until I had the money in my accouint but they were insistent that they would only pay me once the case was stopped.

 

Catch 22.

 

So in the end, against my better judgement and advice from CAG, I had to cancel the case.

[MichelleMaurice]

Hello,

 

I've reclaimed my partner's charges on our joint bank account already - this month, Natwest charged us again. My partner got paid on the Thursday and the D/D's were going out Monday. He online transferred from one Natwest account to another and because the money arrived on the Monday and the money was going out the same day, Natwest classed that as the money not being there and charged us £114 for bouncing 3 direct debits rather than paying any of them. I am infuriated. There was sufficient funds to pay the direct debits! The money was transferred from one natwest account to another!! Why did it take 3 days to pay it in???

 

I went into the bank on Saturday and paid in cash and that money didn't clear until the Monday! Where was that money?

 

Who's collecting interest on our money when its "inbetween" accounts as in the 3 days to electronically transfer the money or when my CASH takes a Saturday/ Sunday and Monday morning to clear into my account??? Cash!!! Surely this is a bit dodgy of them?

 

So how would Natwest take it if I tried to reclaim these charges again? What's the feeling here? Is it true that they shut you down? Not that I will mind - I'm fed up with banks and am going to switch to a building society.

 

Please help!

Michelle

[steven4064]

So how would Natwest take it if I tried to reclaim these charges again?

Who cares? Do it!

What's the feeling here? Is it true that they shut you down?

THere have been cases but NatWest don't seem to. In any case, some banks have had their knuckles rapped by the FSA for doing it.

[MichelleMaurice]

Hi everyone,

 

Can you please help? My partner has been reclaiming his bank charges and we got the following letter today from RBS stating that they have referred his complaint about bank charges for determination in Court citing that they believe that the charges are reasonable, fair and transparent. They went on to say that they will be applying to the Court for an order to stay the claim until resolution of the Bank's proceedings with the OFT. This means that the claim may be put on hold until the result of the proceedings are known. As I understand, proceedings are not commencing until next year with an end date much further into the future.

 

Has this happened to anyone else? Is there anything we can do but wait?

 

Michelle

[steven4064]

Has this happened to anyone else? Is there anything we can do but wait?

Hi michelle

 

This has happened to virtually everyone else. The fact that RBS are applying for a stay doesn't mean they'll get it. So press on for the time being.