Nat West Defending!!!

[sg51bmw]

Hi all,

new to the site, however got a real headache situation,

 

started our claim in 2006, 25th Nov, no reply for first letter sent, from Bank, told them they had 14 days or court action, finally two letters in Jan 2007, "they are still looking" into the matter, wrote to them saying this was a delaying tactic, went to Money on line and submitted action 5th Feb 07, they acknowledged within the 14 days, then on the 19th Feb got a letter offering £6,600, (our claim is in two parts as a joint account, £4900 from me, £3900 from my wife, the original letter was claiming £7000, but because of the wait for them to reply, and statuate of limitation being 6 years, we had to revise the figure for the court action, taking 6 years from Jan 2007 back to 2001 Jan) and the court action started on the 5th Feb -

 

We accepted the offer as they state in letter "..will be paid direct into account.." However a week later nothing, phoned up the NWest Cust Serv centre, they had no record of the acceptance form being received, my wife faxed and posted hard copy, and the payment could be over 14 days to process, which would take it past the time span for them(NatWest) to register a defence on line, we therefore told them we would no longer be willing to accept their offer and would continue with the court action, lo and behold 24 hours later the £6,600 was in our account, our manager called and told us it was in, within 10 minutes of the call they had taken it back out again!

 

Today they have lodged a defence against our claim???? So I am now wondering what to do? SG51BMW HELP!!!

[bitingback]

Hi SG51BMW,

 

First off have you informed the court that the settlement had been made or is the claim still in the court system?

 

The claim is being defended by Nat West (and this is nothing new) so you carry on the process as you were. I assume you have kept details of the offer letters and calls about this to Nat West.

 

I dont understand the numbers you are talking about as 4900 from you and 3900 from better half Lol, but claiming for 7K and accepting 6.6K.

 

You will get an allocation questionaire from the courts soon which will be another form for you to fill in and then a court date.

 

Read through the step by step again, as apart from the incompetance over the settlement the bank filing a defence is standard.

 

Can I suggest you repost this in the Natwest Forum as people with first hand experience of nat west can lend assistance.

 

Regards

 

BB

[sg51bmw]

Hi BitingBack

 

Yes we informed that an offer had been made and we had refused, as the court had marked it as satisified?? They amended the moneyonline.gov section as still open, we have two claims as stated earlier, one initiated by me one by my wife, as the 6 year period of charges was over £5000, so we split it between the two of us.

 

The £7000 was the original claim on the first letter to Nat West, but because of the time lag from that letter to Natwest responding, Nov 2006 they reply Jan 2007, the figures changed because of the 6 year statuate of limitation and also because the original £7000 did not include interest, just the charges, hence the claim made at court was £8,800.

I have kept all the letters, requests and their offer letter.

 

So you think just keep going on in this way?

 

SG51bmw

[sg51bmw]

Hi all,

new to the site, however got a real headache situation,

 

started our claim in 2006, 25th Nov, no reply for first letter sent, from Bank, told them they had 14 days or court action, finally two letters in Jan 2007, "they are still looking" into the matter, wrote to them saying this was a delaying tactic, went to Money on line and submitted action 5th Feb 07, they acknowledged within the 14 days, then on the 19th Feb got a letter offering £6,600, (our claim is in two parts as a joint account, £4900 from me, £3900 from my wife, the original letter was claiming £7000, but because of the wait for them to reply, and statuate of limitation being 6 years, we had to revise the figure for the court action, taking 6 years from Jan 2007 back to 2001 Jan) and the court action started on the 5th Feb -

 

We accepted the offer as they state in letter "..will be paid direct into account.." However a week later nothing, phoned up the NWest Cust Serv centre, they had no record of the acceptance form being received, my wife faxed and posted hard copy, and the payment could be over 14 days to process, which would take it past the time span for them(NatWest) to register a defence on line, we therefore told them we would no longer be willing to accept their offer and would continue with the court action, lo and behold 24 hours later the £6,600 was in our account, our manager called and told us it was in, within 10 minutes of the call they had taken it back out again!

 

Today they have lodged a defence against our claim???? So I am now wondering what to do? SG51BMW HELP!!!

[hellhasnofury]

Hi all,

new to the site, however got a real headache situation,

 

started our claim in 2006, 25th Nov, no reply for first letter sent, from Bank, told them they had 14 days or court action, finally two letters in Jan 2007, "they are still looking" into the matter, wrote to them saying this was a delaying tactic, went to Money on line and submitted action 5th Feb 07, they acknowledged within the 14 days, then on the 19th Feb got a letter offering £6,600, (our claim is in two parts as a joint account, £4900 from me, £3900 from my wife, the original letter was claiming £7000, but because of the wait for them to reply, and statuate of limitation being 6 years, we had to revise the figure for the court action, taking 6 years from Jan 2007 back to 2001 Jan) and the court action started on the 5th Feb -

 

We accepted the offer as they state in letter "..will be paid direct into account.." However a week later nothing, phoned up the NWest Cust Serv centre, they had no record of the acceptance form being received, my wife faxed and posted hard copy, and the payment could be over 14 days to process, which would take it past the time span for them(NatWest) to register a defence on line, we therefore told them we would no longer be willing to accept their offer and would continue with the court action, lo and behold 24 hours later the £6,600 was in our account, our manager called and told us it was in, within 10 minutes of the call they had taken it back out again!

 

Today they have lodged a defence against our claim???? So I am now wondering what to do? SG51BMW HELP!!!

 

Carry on with your claim and get back the full amount. including the penalities before their statement about the Limitations act.

 

Let them explain this in court and have to disclose there true costs. They won't, they will pay up the full amount,

 

GET MAD:mad: They have unlawfully taken you money. Claim it back!!!!

[Ann Number]

Speaking from my expereince gained in a previous life as a rent recovery officer, I would suggest you compile a summary list of all communications, letters and actions and include this along with the particulars of the claim, letters statements, your spreadsheets itemising the charges and interest to demonstrate to the court, that Nat West is messing around and that you have been very, very reasonable....and don't forget to add the court costs. A summary saves the court's time...I'm sure they'll thank you for it!

[sammyb]

goodluck:p dont give up now after getting so far.

[sg51bmw]

HI

Does any one know when, after the bank put in a defence, the court hearing will normally take to be heard? I agree Ann Number, that a logical time line of events, letters, and a spread sheet of costs mapped to the time line is a good idea, out with the statements again! Would that be posted to the court as a summary of evidence?

 

SG51bmw

[Advoc8]

A few days / couple of weeks or so after the defence is in you and the bank receive an allocation questionnaire. The court date is set after these have been returned and discussed. A court date could be weeks or months after that depending how busy the court is.

[sg51bmw]

OK

 

strange twist here, amd I have not seen any postings where this has happened, I have recieved a Defence statement and request for more information from Nat West's solicitors today - Cobbetts in Manchester?

 

A full 8 page defence??? This is after Nat west made me an offer which was eventually refuse?

 

So do I reply to their solicitors or wait for the court to sent their forms?

 

sg51bmw:confused:

[sg51bmw]

Nat west defending!!

 

OK, twist to the tail here, today I recieve in the post an 8 page defence document and request for more information from Nat West's solicitors, cobbets in Manchester - I have not seen any posts where this has happened, do I wait for the courts summary forms or reply to the solicitors??

 

Our complete case was based on the OFT rulings, house of commons and banks statement about charges, we covered off the 3 main points in our N1 - "

For the period 02/01/2001 - 30/12/2004;

The Bank charges which have been applied to

my account are unfair under schedule 2(e) of

the unfair Terms in Consumer Contracts

Regulations 1999(the regulations) which

states that a term is unfair if it requires

any consumer who fails to fulfil his/her

obligation to pay a disproportionatley high

sum in compensation;in this instance the

bank has charged me an amount which is not

proportionate to the amount borrowed.

The amount charged by my bank is a penalty

charge, which under the law of penalties,

is 'extravagant'and therefore unlawful.

Under the law of mistake my grounds for

restitution are that the bank automatically

debited the amount of the charge from my

account and was not legally entitled to do

so."

 

Ok anyone out there got any suggestions on how to play this situation now??????

 

Thanks

 

sg51bmw:confused:

[hellhasnofury]

Nat west defending!!

 

OK, twist to the tail here, today I recieve in the post an 8 page defence document and request for more information from Nat West's solicitors, cobbets in Manchester - I have not seen any posts where this has happened, do I wait for the courts summary forms or reply to the solicitors??

 

Our complete case was based on the OFT rulings, house of commons and banks statement about charges, we covered off the 3 main points in our N1 - "

For the period 02/01/2001 - 30/12/2004;

The Bank charges which have been applied to

my account are unfair under schedule 2(e) of

the unfair Terms in Consumer Contracts

Regulations 1999(the regulations) which

states that a term is unfair if it requires

any consumer who fails to fulfil his/her

obligation to pay a disproportionatley high

sum in compensation;in this instance the

bank has charged me an amount which is not

proportionate to the amount borrowed.

The amount charged by my bank is a penalty

charge, which under the law of penalties,

is 'extravagant'and therefore unlawful.

Under the law of mistake my grounds for

restitution are that the bank automatically

debited the amount of the charge from my

account and was not legally entitled to do

so."

 

Ok anyone out there got any suggestions on how to play this situation now??????

 

Thanks

 

sg51bmw:confused:

 

 

Hello I think this is just part of the legal process

 

1. You sent your claim to the court.

 

2. They have just submitted their defence to the court and they have sent you a copy

 

3. and now you wait for the court allocation questionaire (cost a further £100 (claimable). You get a copy of their court all quest.

 

4. you wait for the court date.

 

5. They cough up your money before the court date.

 

That is the normal process I have read in all natwest threads.

 

It can take some time from now but be patient I will come,

[hellhasnofury]

Hello, sorry forgot to mention this part.

 

 

Can you put the details of their defence on your thread. Delete anything personal to you.

 

If you just put the points that they are defending it could be helpful

#

"OK, twist to the tail here, today I recieve in the post an 8 page defence document and request for more information from Nat West's solicitors, cobbets in Manchester - I have not seen any posts where this has happened, do I wait for the courts summary forms or reply to the solicitors??"

 

Have they asked you to fill out a CPR request. They cannot ask you to do this, only the Court can!!!! The Court may ask you to do this is your claim is allocated to the Fast Track and not the Small Claims. The fast track is normally for claims over £5,000. But in your court allocation questionaire you can apply for the case to be heard in the small claims.

 

I hope that makes sense

 

Have a look at the front page of the Natwest Forum The sticky titled " Letter to Court re: CPR 18 request. this is a letter I sent to Cobbets regarding this:

 

 

I write to acknowledge the receipt of the defence posted on behalf of National Westminster Bank plc.

In your defence section 2. You state the defendant will apply to the court to strike out this aspect of the claim.

I first contacted your client regarding their unlawful charges on 21st of September 2007 and therefore disagree with your contention that some of these charges fall outside the scope of the Limitations Act 1980. However, I am happy to let the court decide on this matter.

 

Your client should consider themselves fortunate I have not claimed charges going further back, since I believe that any limitation would be overturned under the terms of section 32 of the Limitations Act, due to their continued "concealment" of the facts that their charges are unlawful, or for relief from a "mistake".

Also, I feel that it is important that you confirm to me, in writing, why you have requested me to complete the CPR part 18 request in this case.

 

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.

 

However, for clarity, I confirm the charges I am claiming were applied to the following account:

 

Account Name: Ms XXXXXX

Account number: XXXXXXXXX

Sort Code: XXXXXXXXXXXX

Please also find enclosed a breakdown of all charges I am claiming and a full Particulars of Claim. I also inform you, that today I have posted the Court Allocation Questionnaire with my £100 fee to XXXXX County Court.

 

Yours sincerely

 

 

 

 

Your name

XXXXXXXXXXCounty Court.

Encs

 

 

Send a amended to your claim a copy of this letter to cobbetts and one to the courts.

[sg51bmw]

Further to last posting;

 

So the banks solicitors now want all the information, every charge listed over 6 years - they refute the claim stating "particulars of claim do not disclose reasonable grounds for bringing a claim.."

"...claimant must plead all accounts to which charges relate.." read the letters to your client I think is the reply here? "...the claimant is put to strict proof of each and every charge the subject of the claim..Dates the same was debited...the amount of same....the description aplied to the charge.."

They then go on with a string of areas I have to prove....

Come on! Why make an offer and then go down this road after our refusal, any help here would be gratefully recieved

 

TTFN

[Advoc8]

Just standard intimidation tactics.

"...claimant must plead all accounts to which charges relate.."

 

Did you list each account number in your particulars of claim?

 

...the claimant is put to strict proof of each and every charge the subject of the claim..Dates the same was debited...the amount of same....the description aplied to the charge..

This just means you need to prove to the court (if it ever gets that far) that each charge was made, when it was made, how much it was for and what it was for. This evidence is contained in your bank statements / list of charges from the bank.

 

If it's just a defence you've received wait for the AQ's to be sent out.

[sg51bmw]

AdVoc 8

 

thanks for the advice, funny enough I found one of the strings you and martin3030 wrote regarding this very matter..I will send the bulk standard letter to cobblers re copy to letter to court, scare tactics etc and wait for the AQ to arrive

 

thanks again

sg51bmw

[livelylad]

Threads merged please stick to one thread.