monkeygirlie vs NatWest

[monkeygirlie_50]

Hello all,

 

Just have to say that this site is amazing and I just wish I had found it before. I chose the Martin route as recommended by the good old CAB and am now worrying having read loads of your posts that I'm going to get nowhere with NatWest. I am now waiting (with about 9 days to go) for their defence as I filed a claim on MCOL.....I am very very nervous as the more I read on here the more I wonder if I included all the relevant info on the POC. I did get £750 back from the A&L using the same method so fingers crossed:) Am just getting really jittery now as the date approaches as, although I have read and read and read, I still get a bit over-awed by all the information and the level of knowledge of you all:confused:

 

I look forward to any support you can spare:D

[livelylad]

hi dont worry you will be fine, read through some of these success threads this will show you what to expect.

http://www.consumeractiongroup.co.uk/forum/natwest-successes/

[Rooster-UK]

Hi Monkeygirlie.

 

To allow us to offer the best advice and help, should you need any, please post on this thread, a complete history of your claim, in as much detail as you can.

Then if you need any help we have something to refer to.

 

Good luck.

Regards, Rooster.

[monkeygirlie_50]

Thanks livelylad and Rooster-UK:D I'll give you a bit more of the history of my case when I get home (small child allowing:D ) as am currently at work. Your help/advice is really really appreciated - thanks.

[Parkvale]

Hi monkeygirl, Welcome to the Nasty West forum. Loads of help available. So don't fret pet ask away.

[monkeygirlie_50]

Thanks too Parkvale. :grin: It feels less daunting knowing that there are so many experts out there to give us novices a helping hand

 

Well, a brief history of my claim:

 

Sent Letter 1 05/02/07

Std response rec'd

[katesage]

Yep thats brief!

 

Could you type up your Particulars of Claim (from your moneyclaim) please.

[monkeygirlie_50]

oops sorry, my pc just had a mad moment and I seem to have posted a "half" reply:confused:

 

Well, a brief history of my claim:

Claim Ref: 7QZ34313

Amount:£4,158.26 (incl interest)

Sent Letter 1 05/02/07

Std response rec'd 13/02/07

Sent Letter 2 19/02/07

Weird response that didn't make much sense rec'd 27/02/07

Sent Letter 3 01/03/07 requesting reply in 14 days

No reply so started claim on MCOL - claim issued 15/03/07

Claim deemed served 20/03/07

Acknowledgement rec'd 23/03/07

28 days expire (incl Bank Hols +1) on Friday 20th by my calcs

 

My concern is that, having read many threads, I used Martin's info to insert into MCOL and I'm not sure if the info in sufficient based on some of the threads I have read. Mind you, I followed the same format and used the same wording for A&L and they plopped a nice big cheque on my doormat a week ago:D It just seems that NatWest is a much tougher nut to crack and although so many people have won I am just worried that my claim may get thrown out. If my claim goes to the "receiving defense" stage, can I submit a lengthier POC with the AQ from?

 

Thanks again all for your support - my hubby is out of work at the moment so this money would be a lifesaver as things are pretty tight at the moment:sad:

[monkeygirlie_50]

Hi Katesage

 

POC Wording

Between 12/01/2001 and 30/09/2003 the Defendent applied numerous default charges to the Claimants bank account. It is understood the Defendent contends the charges were debited in accordance with its contract with the Claimant. The charges applied are an unfair penalty under the Unfair Terms in Consumer Contracts Regulations, which state" A term is unfair if it requires any consumer who fails his obligation to pay a disproportionatley high sum in compensation" Under the law of penalties, the charges are an unlawful, extravagant penalty. A charge is a penalty if it does not reflect an item's true cost. Under the County Courts Act 1984, the claimant is entitled to interest at a rate of 8% per annum from the date they were first deprived of the money. This totals £... continuing to accrue at the statutory daily rate of 0.021% until judgment or earlier payment. The Claimant therefore asks the court to enter judgement in their favour for £..... plus interest, totally, £....

 

 

See what I mean...Martin made it sound so simple and when I began to look at your threads I was rather horrified by the lack of content in my POC......! Any advice would be greatly appreciated:)

[livelylad]

Not a great POC. I would wait to see what Natwest say regarding your POC, should they challange it, it can be amended(N244) however this will cost £35 which you can not reclaim.

[monkeygirlie_50]

Yeah, as I suspected:sad: Thanks for the advice Livelylad.....I will try and sit tight and see what they come back with. Thanks everybody for your help but I may be back for some more moral support/advice if my fear gets the better of me again lol

 

Thanks:D

[Parkvale]

Patience is a virtue. Your confidence will soar as you progress.

[monkeygirlie_50]

Hi all, just a quick update. Well, my hubby has just called to say that we received an offer of about 30% from the "Nasties" in the post this morning. Bless them:D

 

Guess I shall be politely declining then and doing some more deep breathing exercises

[Parkvale]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

[monkeygirlie_50]

Thanks ParkVale:D

I guess I may finally be beginning to get the hang of this now as I was just looking over the letters myself when I saw your very kind response. You wonderful people on here are so quick:D and so very very helpful.

 

Thanks again

[Parkvale]

Sevice with a smile

[monkeygirlie_50]

Hi all

 

If anyone is about, I could really do with some help.

 

Although I was going to reject NatWest's offer originally, after realising that we couldn't actually pay the mortgage next month my hubby and I decided to send them a letter (recorded) as follows:

 

13th April 2007

Natwest Customer Relations

National Westminster House

225 Shenley Road

Borehamwood

Herts

WD6 1BR

Re: Account number 48562718/600420

Your ref: 1234956124

 

Response to settlement offer.

 

Dear Mr Higley,

 

Thank you for your letter received yesterday. I am prepared to accept your full and final settlement figure (as per attached sheet) on the explicit condition that I receive a cheque for £1,605.00 on or before 20th April and no later.

You may not have been aware that I commenced legal action against you for the full amount plus interest and costs on 15/03/07. If I do not receive your full and final settlement cheque on or before 20th April, I will deem this to be a delaying tactic employed by NatWest and will have no hesitation in continuing with legal action.

For clarification, I will not advise the court that a settlement has been reached until repayment has been received.

Yours faithfully

 

 

K C Symons

 

 

Well, in the meantime, yesterday in fact, we received the CPR 18 request and defense from Cobbets (seem like the right hand doesn't know what the left hand is doing as the offer came direct from NatWest!!! ) and as today is the deadline we set above for receipt of settlement cheque I just wanted to check that if we don't get the cheque today that you still think we can continue the claim. I have sent copies of the offer letter and our response to Northants to attached to the POC. Am a bit confused now as on the one hand we had the offer and a few days later we received the Cobbets stuff.

 

Any advice would be gratefully received

[Micky the Hippo]

you're offering to settle for a third of what you're claiming?

 

that's a shame but it of course your decision to make, if that's what you;re doing

[monkeygirlie_50]

Well, actually my hubby gave me the wrong figure when I wrote my post...it's actually about a 1/2. Trouble is we were really desperate last week as my hubby has been now out of work for 9 months and I earn a pittance and the mortgage is due. Sad truth of life I'm afraid!

 

Anway, I bet we get no cheque today anyway so that's why asking the question as my mum bless her has leant us the money so we can still pursue the claim is we haven't blown by accepting offer conditionally.

 

We shall see - weird that NatWest offer us settlement and Cobbets send CPR18 and defense - do they actually know what they are doing anymore:D

[Micky the Hippo]

excellent news, good ol mum

 

if you can see it to the end it has to be good sense

 

things can seem grim when one of you is out of work and cash is tight, it all seems like nothing when you';re working again and things get better

 

be strong and stick with it!

[monkeygirlie_50]

just been having a look at your thread - sounds pretty complicated Sonds like you have a pretty good handle on things though.....

[Micky the Hippo]

me?

 

only as complicated as I've made it, simple soon once the first claim dies and the new one takes over

 

simple:eek: CI compound claim thereafter

 

and I assure you that it's all front, I'm hanging on my fingertips already and I'm only at the nearly LBA stage, I assuming that everything will make sense as it comes and people on here will weigh in to save me

 

[monkeygirlie_50]

Yeah, it's funny isn't it cos you read people's posts and think everyone sounds supremely confident apart from you People here are really great and I'm so in awe of their knowledge. I am only too happy to admit that even having spent time going over this site I am still terrified that I will be the one who has to go to court - I would just die as I don't even talk in meetings at work as I'm not the most confident of people

[Micky the Hippo]

no-one goes to court, not really anyway, certainly not for a straightforward claim

 

read the procedure and other people's threads, do it right, keep your thread up to date and seek help as necessary

 

and you will win your claim in full

 

that's my plan anyway

 

[monkeygirlie_50]

Just a bit concerned I guess and want to make sure that having accepted their offer, with the addition of the "pay by today" clause, that if I don't receive the cheque I can still go ahead with the claim. Any advice on this would be greatly appreciated as just rung hubby and no cheque has arrived - mind you neither has our postie!!!

 

Thanks:)