Nurselayer v Natwest***WON***

[Nurselayer]

Hi there,

 

I was previously registered under a different name but for certain anonimity reasons have had to register under this, my new mb name.

 

Anyway, I am just about to start out against NatWest. I've got the Data Protection Act letter done and am about to send it.

 

One small question though, as I can't remember exactly when I opened my account with Natwest is it ok to put:-

 

"Please supply me with a complete list....since I opened my account with yourselves"

 

rather than having:-

 

"since xx/xx/xx"

 

???

 

As soon as someone can confirm this for me I can get the letter in the post.

 

Cheers

[mountainofdebt]

If you ring up your branch they can tell you when you opened the account (I have a feeling that they call it first contact......obviously trekkie fans at natwest!)

[thecornflake]

I phrased it like that with my DPA request to Egg and it was fine. I don't htink it's unreasonable for them to check when you opened the account and just print off stuff from then.

[Nurselayer]

They've offered to send me all my statements for a £5 fee or a full SAR disclosure for £10 - which do I need?

 

Thanks

[barracad]

You need the SAR so that you get the details of any manual interventions.

[Nurselayer]

I have received from Natwest a complete set of all my statements for the last 6 years and also brief notes regarding 3 telephone calls that I had made to them returning calls that they had made to me.

 

I will now go on to the next stage and calculate how much I paid in charges over that period.

[Nurselayer]

Preliminary letter sent. Am claiming 599 quid. I wonder how quickly they'll post me a cheque? ;-)

 

Perversely, I'm looking forward to receiving their standard rejection letter!

[Nurselayer]

Hmmm, updates -

 

On 2nd June I sent my SAR Request and cheque.

 

On the 5th July I'd received a complete set of statements and a copy of brief notes regarding a couple of telephone calls.

 

Thinking that Natwest had complied with the SAR I then sent a list of charges and Preliminary letter.

 

Now on the 17th July I received another bundle of transcripts of telephone calls etc. The 17th July is actually over 40 days from when I posted the SAR request. Now when I look at the copy of the SAR request that they returned with the transcripts I can see that it was originally stamped "Received 5th June" but then they've stamped over it "Received 8th June" so as to keep themselves within the 40 day limit:evil: . This is dishonest.

 

Next question, how do I tell what is a Manual Intervention, as I do not think that it is clear from what they have sent me. Or should I just not pursue them for the charges on the days when they have made a transcript note? All the Transcript notes are headed - CUSTOMER EVENT DETAILS, and then underneath that it says either - Customer Note, Service Failure, Marketing Contact, or MAC Actions Taken. :?

 

 

Finally, I received on the 21st July a letter from Stuart Higley stating that they do not accept the OFT's findings and will not be refunding my bank charges - I know it is the standard rejection letter and was expecting this. However, before I go ahead with the Letter before Action I would like to make sure that the Transcripts mentioned above will not affect the amount that I am claiming.

 

Thanks for your help

[Nurselayer]

Anyone with any help on this please?

[orfoster]

I would suggest a PM to Natweststaffmemeber as he/she will be able to help with this one. Cheers.

[Nurselayer]

To the person who PM'd me - a massive thank you I really appreciate your advice and explanations.

 

On to the next stage now...

[Nurselayer]

Letter before action being sent tomorrow. Only thing is that in the Step-by-Step guide http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/243-step-step-instructions.html the Letter before Action says "I am very disappointed that you have failed to respond to my letter of the [XXDATEXX]." In fact Natwest had responded to my letter - even if it was only the usual rejection letter. Instead I worded my LBA "Thank you for your letter of DATEHERE. I now understand that the regime of 'fees'....."

I am assuming that this will be ok. If it's not can someone please let me know before lunchtime tomorrow by posting on this thread. I'll check it before I take my LBA to the Post Office.

Thanks

[Nurselayer]

I have received a letter in response to my Letter Before Action:-

 

"Thank you for your further letter of 2 August 06.

 

I am sorry that we have reached this position but I regret that there is little that I can add constructively to my last letter and I note your proposed course of action. I have alerted our lawyers and litigation dept. accordingly. May I please remind you that the address to use when initiating legal documents is that of our registered office at 135 Bishopsgate LONDON EC2M 3UR.

 

Thank you for letting me know of your intentions.

 

Yours sincerely

 

Stuart Higley"

 

The 14 days is up tomorrow (assuming it is 14 days from date of LBA not from assumed service date??) so it looks as if I'll be onto the next stage then.

 

Is there any difference through doing it through my local court or through money claim?

[Nurselayer]

I'm about to issue proceedings against NatWest as discussed above:

 

Just before I actually issue the claim, is there any difference between issuing it with Moneyclaim or at my local county court? Obviously if it does go to court I don't really want to have to trek up to Northampton to present my case.

 

Should I provide the Moderators with the claim number once I've got it from the court?

 

I have read & reread & reread the guidance notes and I think I've got a fair idea of what I'm doing, but even still any advice will still be much appreciated.

[BankFodder]

If you issue through Moneyclaim, the case will ne transferred to your local court.

 

Generally speaking you are better off issueing the claim over the counter at your local court as you can include more information on the N1 form.

 

Does your bank have a schedule of your charges? You mus6t make sure that they receive a copy before you issue a monyclaim and you must send them another copy once the money claim is issued, Also the Monsyclaim must refer to the schedule "which has already been suppie to the defendant on DATE".

If you issue over the counter then you can attached a schedule and refer to it in your POC - " as per the attached schedule"

 

You should provide details of your litigation to one of the mods in the form which is used n the litrigation section so that they merely have to cut and paste.

[Nurselayer]

Claim sent to Bow County Court today.

[Nurselayer]

How long does it take for the court to process the claim? I sent my claim off on the 4th Sept and haven't heard anything at all from them yet. How long is it likely to be before they contact me?

 

Thanks

[Nurselayer]

Any help on this please?

[Nurselayer]

I've received the court details through. Natwest have until the 2nd October to submit a defence.

[orfoster]

There you go. Good Luck. Keep us updated on what you get from the courts or the banks and we will help you as much we can.

[Tom999]

Hello Nige!

 

It's Tom T - cheers for giving me the heads up on this site, mate. Just sending off my prelim letter now for 1027.60 GBP...

[Nurselayer]

Thanks Orfoster, will keep you updated as it progresses.

 

Hi Tom999, good luck I'm glad you've found it. Set up a thread of your own (Tom999 v Greedymoneysnatching Bank) and keep it updated on how things progress. You'll find it really useful to chart how you are getting on. The biggest advice that I can give you on this site is to read, read and read. Once you've read everything and understood what you're doing, read through it again. If after all that you have a question or query then ask. Best of luck

[Nurselayer]

The Defendant filed an Acknowledgement of Service on 20th September 2006. The acknowledgement was filed by the solicitors acting for the defendant who have given the following name and address for service of documents:

 

Royal Bank of Scotland PLC, 1 Princes St, LONDON, EC2R 8PB

 

They have ticked the "I intend to defend all of this claim" box.

 

I think they now have until the 16th October to submit a defence now. (I'll have to check the actual date of service.)

[Plutos]

The usual!

 

PLUTOSS

The Defendant filed an Acknowledgement of Service on 20th September 2006. The acknowledgement was filed by the solicitors acting for the defendant who have given the following name and address for service of documents:

 

Royal Bank of Scotland PLC, 1 Princes St, LONDON, EC2R 8PB

 

They have ticked the "I intend to defend all of this claim" box.

 

I think they now have until the 16th October to submit a defence now. (I'll have to check the actual date of service.)

[Nurselayer]

Hurrah, guess what I got through the post last Wednesday? Yep, a cheque for the full amount claimed!! I'd like to say a massive thank you to everyone on here that has helped me to reclaim these unlawful charges. I'm now going to concentrate on getting the charges that I'm owed from Barclaycard and then I'll be taking on Lloyds.

 

Hurrah, hurrah, hurrah!

 

PS I'm just about to make my donation to this site - make sure that you donate when you win too!