Natwest credit card / default with POC

[forthepeople]

Hi peeps,

 

I'm going to be prepare an N1 against NatWest for credit card charges and interest. Some of you may have seen my other post about default removal regarding these charges, http://www.consumeractiongroup.co.uk/forum/natwest-bank/60131-_-_-forthepeople-natwest.html

 

I will be claiming back higher lending (mortgage) charges in the above post but want to sort this first.

 

 

NatWest have replied to our LBA with an offer of £199 of the £628.87 we are claiming back. Of course we are not going to accept this but will go all the way!

 

Where as the template letters asking for the money back makes reference to default removal (which applies here), the N1 template http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html makes no reference to this.

 

I will therefore amend POC to fit (you may need to follow the above link for this to make sense!):

 

2) During the period in which the Account was operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Defendant also registered a Default against the Claimant with Credit Reference Agencies in respect of the purported breaches of contract. The Claimant understands that the Defendant contends that the Default was applied and the charges were debited in accordance with the terms of the contract between itself and the Claimant.

4c) The default occurred merely in respect of unlawful charges levied by the Defendant and were the result of impecuniosity caused directly by the taking of penalty charges which were applied unlawfully to the account.

 

5b) The removal of the default registered with Credit Reference Agencies

 

 

I would be most grateful if anyone can give me feedback on this. At this stage it is not essential the Default gets removed as we have a very strong case (link above) with the claim above, but would make said case easier.

 

Thanks to all!

[hedgey06]

Bump.......... for a mod?????

[un1boy]

I'll be back here later to help, I can't look at it at the moment....

[forthepeople]

I'm jetting off on my hols shortly for two weeks. If I send the POC the day before I go should it cause any problems with not being around for a couple of weeks?

 

I wouldn't want to be around to not answer any important documents but would they get back to me within this time?

 

Can't wait to win this!

[forthepeople]

Here's the detail:

 

VALUE

 

Charges £528

Overdraft Interest £100.87

Interest under s.69 County Courts Act 1984 £156.35

Court Fee £150

 

TOTAL £935.22

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £0.13 per day OR at such rate and for such periods as the court deems just.

 

PARTICULARS OF CLAIM

 

1. The Claimant had an account ("the Account") with the Defendant which was opened on or around xx/xx/xxxx and closed on or around xx/xx/xxxx.

 

2. During the period in which the Account was operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Defendant also registered a Default against the Claimant with Credit Reference Agencies in respect of the purported breaches of contract. The Claimant understands that the Defendant contends that the Default was applied and the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The default occurred merely in respect of unlawful charges levied by the Defendant and were the result of impecuniosity caused directly by the taking of penalty charges which were applied unlawfully to the account.

 

c) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £528 and any interest charged thereon;

b) The removal of the default registered with Credit Reference Agencies;

 

c) Court costs;

 

d) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act (1982).

 

I believe that the contents of these particulars of claim are true.

 

[forthepeople]

OKAY!! An update!

 

A letter came today from RBS with a cheque enclosed for the full amount BUT no mention of the Default removal. Will have a quick scoot around the site and find a good template to use to advise court action is still on. They have until 13/07/07 to resolve this.

 

NEARLY THERE!!

[un1boy]

OKAY!! An update!

 

A letter came today from RBS with a cheque enclosed for the full amount BUT no mention of the Default removal. Will have a quick scoot around the site and find a good template to use to advise court action is still on. They have until 13/07/07 to resolve this.

 

NEARLY THERE!!

 

Write back advising them that you require removal of the default etc befor you will withdraw the court papers and that the cheque is accepted in PART settlement only!

[un1boy]

Here's the detail:

 

VALUE

 

Charges £528

Overdraft Interest £100.87

Interest under s.69 County Courts Act 1984 £156.35

Court Fee £150

 

TOTAL £935.22

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £0.13 per day OR at such rate and for such periods as the court deems just.

 

PARTICULARS OF CLAIM

 

1. The Claimant had an account("the Account") with the Defendant which was opened on or around xx/xx/xxxxand closed on or around xx/xx/xxxx.

 

2. During the period in which the Account was operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Defendant also registered a Default against the Claimant with Credit Reference Agencies in respect of the purported breaches of contract. The Claimant understands that the Defendant contends that the Default was applied and the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The default occurred merely in respect of unlawful charges levied by the Defendant and were the result of impecuniosity caused directly by the taking of penalty charges which were applied unlawfully to the account.

 

c) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £528and any interest charged thereon;

b) The removal of the default registered with Credit Reference Agencies;

 

c) Court costs;

 

d) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act (1982).

 

I believe that the contents of these particulars of claim are true.

 

 

Wow, hefty POCs - did these fit into the box on MCOL?

[forthepeople]

Thanks!

 

Did not do MCOL, presented a paper POC to the court. Also, at last minute I added a 4d. to my POC stating as they can't provide the contract the default is unlawful.

 

4d) The defendant has failed to comply with s.78 of the Consumer Credit Act 1974 to provide a copy of the executed agreement and a signed, true and certified copy of the original default notice under s.78(1). Under s.78(6) of this Act if the Defendant cannot supply this information they may not enforce the agreement and if the default continues for one month they commit an offence.

 

I've checked the dates and as our POC was served 11 May they actually have until today, 8 June to file a defence.

 

Will it now automatically go to court? I've just found a template to use to not accept the money without default removal and will send to solicitor today.

 

Will keep you updated - cheers!

[un1boy]

Thanks!

 

Did not do MCOL, presented a paper POC to the court. Also, at last minute I added a 4d. to my POC stating as they can't provide the contract the default is unlawful.

 

4d) The defendant has failed to comply with s.78 of the Consumer Credit Act 1974 to provide a copy of the executed agreement and a signed, true and certified copy of the original default notice under s.78(1). Under s.78(6) of this Act if the Defendant cannot supply this information they may not enforce the agreement and if the default continues for one month they commit an offence.

 

I've checked the dates and as our POC was served 11 May they actually have until today, 8 June to file a defence.

 

Will it now automatically go to court? I've just found a template to use to not accept the money without default removal and will send to solicitor today.

 

Will keep you updated - cheers!

 

Good one re 4d mate!

 

You will have to request a judgement if they don't enter a defence. And yes, until you tell the court that the calim has been withdrawn, it will continue and you will get a court date!

[forthepeople]

It's been 6 days since we last heard from Natwest. We sent a letter declining the claim which they received 09 June. If we've still no response by 18 June we will Request for Judgement.

[shane5408]

hi forthpeople, watching this thread eagerly as i'm preparing to file my N1 form this evening against nasty natwest, any update on your situation? I too am asking for default removal, well 5 defaults actually against the 5 natwest credit cards i have + charges + contractual interest! I've been looking all over the place for POC's that relate to credit cards and not bank charges, finally found this thread, is it alright if i use your POC's?

[forthepeople]

hi forthpeople, watching this thread eagerly as i'm preparing to file my N1 form this evening against nasty NatWest, any update on your situation? I too am asking for default removal, well 5 defaults actually against the 5 NatWest credit cards i have + charges + contractual interest! I've been looking all over the place for POC's that relate to credit cards and not bank charges, finally found this thread, is it alright if i use your POC's?

 

Feel free to use my POC Shane! Are Natwest able to supply a copy of your original contract? They have to hold this for 6 years from the account opening and, like in my case if they can't supply a copy the default is unlawful - as per 4d of my POC. If they can supply the contract use it without 4d. :grin:

 

We have requested Judgement as still no reply from solicitors so we'll wait for a hearing date. Maybe that will scare them into hurrying up?

[forthepeople]

Letter today from Solicitors acknowledging Default removal! We will cash the cheque and see if ithe Default is removed before halting Judgement, which we requested on monday!

 

Thank you Un1boy and thank you Consumer Action Group for all your resources. What a fantastic site that has pulled a lot of people together and helped them turn things around.

[un1boy]

Letter today from Solicitors acknowledging Default removal! We will cash the cheque and see if ithe Default is removed before halting Judgement, which we requested on monday!

 

Thank you Un1boy and thank you Consumer Action Group for all your resources. What a fantastic site that has pulled a lot of people together and helped them turn things around.

 

Well done matey I'm really happy for you.