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Urgent advice needed - letter to court!!!


veilside01702
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Mr. Russell *****

***************,

***************,

Essex *********

 

4th April 2007

 

To:-

Natwest Bank

Ground floor,

National Westminster House,

225 Shenley Road,

Borehamwood WD6 1TE

 

Copies to:-

 

Southend on sea County Court,

Tylers House,

Tylers Avenue,

Southend on sea,

Essex SS1 2AW

 

Cobbetts Llp

Ship Canal House,

King Street,

Manchester

M2 4WB

 

Re: - Charges on account No. *******

Sort Code :- **-**-**

County Court Case Number : - ********

Cobbetts ref: - LCB/RR****

 

Dear Sir / Madam,

I am writing to you in accordance with the further unjustified charge added to my account since filing my claim with the court. On 30th March 2007, Natwest added another charge of £28 + interest for exceeding my overdraft, due to the Unjustified charges Natwest have already taken without my permission. I believe this too, to be an unjustified charge as the overdraft would not have been exceeded if Natwest’s charges had not been taken.

I have again today been sent yet another letter informing me of yet further Unjustified charges of £28 + interest.

A total of £56 + Interest, that is only due to your unjustified penalty charges.

 

I believe that Natwest is making a profit from these charges, I therefore require Natwest to justify their costing in a full breakdown of these charges.

 

I Require Natwest to refund these additional charges. As it appears that Ian Jarrett a former Senior Natwest Executive feels that the charges should be a maximum of £4.50 for bouncing a cheque and £2.50 for bouncing a Direct debit. As per the commission he chaired with Professor Philip Molyneux of the University of Wales, Bangor, and Professor John Struthers of the University of Paisley, 2 top business academics. Referenced from the BBC’s “The Money Program”. Copy of article enclosed!

 

As you will also be aware there are guidelines in place for people in my situation, who are on a state benefit. And you are depriving me of the money I need to survive on, by your unjustified charges. As my benefit is paid directly into my account, you would have been aware of my receipt of a state benefit.

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bancrupcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

 

I would also like to request that the court considers the bank pay Contractual Interest on the unjustified charges taken from my account. As Natwest has borrowed my money, without my authorisation, I believe that it is fair for them to pay me the same interest that they would charge me for doing the same thing. Natwest currently charge an unarranged borrowing rate of 29.6% annually. Breakdown enclosed!

The Claimant believes this rate to be justified under the principle of mutuality and reciprocity, and is based on the Defendants overdraft interest rate that would be applied under the terms of the above mentioned account.

 

Should the court find that this interest rate is not applicable, then as an alternative the Claimant wishes to claim interest pursuant to section 69 at a rate of 8%.

Yours Sincerely

Russell *****

 

Can anyone advise me on if the court will allow me to add contractual interest, while cobbetts are putting a defence together??

I need someone with legal knowledge to advise me if I should send this??

Thanks....

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