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hello am a new member, sorry have to burden you straight away, but am desperate.

court forms have to be back by 30th April 2007, but do not have a clue how to word it, also think l have messed up, as l have claimed for the monthly interest and the charges on the account, this is for my son thought i was helping him out

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Guest louis wu

troubled, whatever has been done should be correctable, that is assuming you have done anything wrong.

 

You need to post full details of the claim so far.....bank, amounts, brief details of letters sent/recieved thus far, how interest has been calculated etc etc, and as dj59 says, what court forms/stage are you at (It sounds like AQ time, but could be wrong)

 

Give us some details and we'll see what we can do to help

 

louis

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To Livelylad and anyone else its NATWEST BANK and the Solicitors letter is as follows not sure what POC is sorry

 

1. In your claim you state "the Defendant applied a number of default charges to the laimant's bank account

2 please provide the following particulars in support of your claim:

2.1 T what account(s) giving of the aaount name, number and sort code wre the charges applied

2.2 in relation to each charge please identify a the date when the charge was charged (b) the amount of the same and © the reason(s) givn for the charging of the same

2.3 in relation to each charge, please clarify the following (a) is it the case of the Claimaint the same should not have been charged? (b)if yes; please explain why the Claimaint contends that the same should not have been charged? © if no, is it the caseof the claimant thqat the same should not have been charged in this amount (d) if yes please explain why the Claimant contends that the same should not have been charged in this amount and identify the sum the Calimant contends shoul have been charged (e) if no please state the Claimant's case

3 In your case you refer to the charges as penalties

4 Pleas provide the following particulars in support of your claim

4.1 please specify the clause (a) pursuant to which the charges were applied;

4.2 please specify whether the charges applied were due to a breach of contract by the claimant;

4.3 Please identify in each case the particular breach of contract ( by reference to appropriate the term(s) of the contract that the charge related to.

5 In your calim you state that the charges beach " the unfair Terms in Consumer Contracts Regulations 1999"

6 Pleae specify all the facts relied on by the Claimaint in support of the contentions in paragraph 5 above and in particular please identify the contractual provision(s)that the Claimant alleges are invalid by reference to the Regulations

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troubled, whatever has been done should be correctable, that is assuming you have done anything wrong.

 

You need to post full details of the claim so far.....bank, amounts, brief details of letters sent/recieved thus far, how interest has been calculated etc etc, and as dj59 says, what court forms/stage are you at (It sounds like AQ time, but could be wrong)

 

Give us some details and we'll see what we can do to help

 

louis

Hope l'm doing this correctly the bank is Nat west, l was advised by a friend that l could claim back everything interest,charges and the returned cheque charges and followed the step by step guide in the mail

 

the first letter l sent dated 26th April 2006,

Natwest reply dated 18th May 2006 apologising for the dissatisfaction or upset caused but believe the charges are fair and strictly in accordance with your agreement with us and our published tariff.

but would like date and amount of any aprticular items and will reinvestigate which I did, but no response.

 

My letter dated 6th June 2006 stated that under the the unfair terms in consumer contract regulations and/or the law of penalties, the small claims court could declare such charges unfair and therfore unenforceable

 

NATWEST 19th June 2006 I can find no instance where charges have been applied when they were not properly due.they have all been associated with a lack of covering funds in the acount at the time items were presented for payment.Accordingly, the charges that have been applied to your account should stand

 

my letter 11th August 2006 was Penalty and Unfair charges

explaining that my exceeding the limit was due to either late payment of wages,without a job and then starting college this was a stressful time as l had to pay rent council tax and bills i did ask if they could freeze the

over draft and pay the interest and charges when i had a job but the answer was no or to increase my overdraft by £1000 to see me through again the answer was no

l stated that the OFT on 5.4.06 announced that default charges which are set at more than £12 will be presumed to be unfair.

l also stated that a reasonable charge would be 50p

l mention a fit and proper person test to hole a consumer credit license under the CCA 1974

l also stated a Scottish case Castaneda and others v Clydebank Eng and Shipbuilding and DunlopTyreCo v Motor Co Ltd

 

mentioned UK Banks given evidence to the House of COmmons Treasury Commitee

 

then stated that that the charges are not a reasonable pre estimate of the bank's loss in relation to my account no one has had to look at my account or telephone me or collect anything

 

l then reserved the right to commence court proceedings and seek award

for distress and inconvenience

 

NATWEST reply- letter was a near repeat of their previous letter

 

31st August 2006

my letter writing in response in refusing a refund quoting UTCCR and about the actual loss

 

5th March 2007

posted Money Claim Online

 

hope this helps

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Guest louis wu
To Livelylad and anyone else its NATWEST BANK and the Solicitors letter is as follows not sure what POC is sorry

 

 

POC - particulars of claim. If you filled in the N1 form, its the page 2 bit, MCOL, its the full text. Basically, its why you believe you should have the refund.

 

Let us know what it was you put on your form.

 

Louis

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Guest louis wu

The letter has done exactly what it set out to do, thats doubt yourself. Don't worry, it can and will be resolved.

 

Louis

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These are the charges where l think l have messed up

 

Claiming for Charges as set out below

 

31.10.2005 Interest

31.10.2005 Charges

30.09.2005 Interest

03.10.2005 d/d returned

07.09.2005 pos charges

31.08.2005 Interest

29.07.2005 Interest

30.06.2005 Interest

31.05.2005 Interest

29.04.2005 Interest

31.03.2005 Interest

04.04.2005 d/d returned

28.02.2005 Interest

28.02.2005 Charges

31.01.2005 Interest

31.01.2005 Charges

17.01.2005 d/d returned

04.01.2005 d/d returned

31.12.2004 Interest

31.12.2004 Charges

30.11.2004 Interest

29.10.2004 Interest

30.09.2004 Interest

31.08.2004 Interest

30.07.2004 Interest

30.06.2004 Interest

30.04.2004 Charges

30.04.2004 Interest

31.03.2004 Interest

27.02.2004 Interest

30.01.2004 Interest

16.12.2003 d/d returned

30.06.2003 Charges

09.06.2003 Referral Charges

30.04.2003 Interest

31.03.2003 Charges

28.02.2003 Interest

31.01.2003 Interest

29.11.2002 Interest

29.11.2002 Charges

09.11.2002 Referral Charges

31.10.2002 Interest

04.11.2002 Charges

08.10.2002 Charges PRF

Total £

 

Interest @ 8%.

Total claimed online court £

 

Paid Court 120.00

 

Between 8th Ooctober 2002 and 31st October 2005 the defendant applied a number of default charges to the claimant's current account

charges are unlawful because they do not reflect the true cost of going into an unauthorised overdraft

furthermore they are a breach of the Unfair TERMS IN CUSTOMER CONTRACTS REGULATIONS 1999 which state: A term is unfair if it requires any consumer who fails his obligation to pay a disproportionately high sum in compensation. a charge is deemed to be a penalty if,in reference to the caseof Wilson v Love in 1896, it does notreflect the true cost of the item.

l am entitled to claim interst at 8 per cent per annum from the date when charges were first applied to my account until judgement is made.

the Claimant ask the court to enter judgement in thei favour for the sum of £plus interest

the solicitors letter also states that l will have to pay

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POC - particulars of claim. If you filled in the N1 form, its the page 2 bit, MCOL, its the full text. Basically, its why you believe you should have the refund.

 

Let us know what it was you put on your form.

 

Louis

just filled that in .but forgot that the solicitors say l will have to pay another lot of court transfer fees, how much will that be ?

 

still waiting for help to fill in the form that l posted earlier in the day

 

closing off now will resume in the morning must get the solicitors letter

off by thursday to arrive by Friday or be struck off

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think l've been posting things else where - still get confused - got till today to post off the CPR18 do l answer like ED says with name account numer and sort code as l am only claiming under £1500 and attach all letters and charges l sent to solicitors as l sent my form MCOL or do l have to answer the complicated way . l haven't found a section answering that form tey please help getting desperate!!!!!

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Ok I am slightly confused please answer the question(s).

1. Your schedule: the interest charges you are claiming what is that for? is that interest a direct result of a charge or just your overdraft interest.

 

From what I can make out it seems that Cobbets are asking for a standard part 18 request.

 

This link and the first letter by Martin3030 is what you need to send and a schedule of charges. You can also fax it to them as well as send a hard copy.

http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html

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Ok I am slightly confused please answer the question(s).

1. Your schedule: the interest charges you are claiming what is that for? is that interest a direct result of a charge or just your overdraft interest.

 

From what I can make out it seems that Cobbets are asking for a standard part 18 request.

 

This link and the first letter by Martin3030 is what you need to send and a schedule of charges. You can also fax it to them as well as send a hard copy.

 

l am now in the NAT WEST Forum

http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html

l'm adding my schedule if that helps

 

These are the charges where l think l have messed up

 

Claiming for Charges as set out below

 

31.10.2005 Interest

31.10.2005 Charges

30.09.2005 Interest

03.10.2005 d/d returned

07.09.2005 pos charges

31.08.2005 Interest

29.07.2005 Interest

30.06.2005 Interest

31.05.2005 Interest

29.04.2005 Interest

31.03.2005 Interest

04.04.2005d/d returned

28.02.2005 Interest

28.02.2005 Charges

31.01.2005 Interest

31.01.2005 Charges

17.01.2005 d/d returned

04.01.2005 d/d returned

31.12.2004 Interest

31.12.2004 Charges

30.11.2004 Interest

29.10.2004 Interest

30.09.2004 Interest

31.08.2004 Interest

30.07.2004 Interest

30.06.2004 Interest

30.04.2004 Charges

30.04.2004 Interest

31.03.2004 Interest

27.02.2004 Interest

30.01.2004 Interest

16.12.2003 d/d returned

30.06.2003 Charges

09.06.2003 Referral Charges

30.04.2003 Interest

31.03.2003 Charges

28.02.2003 Interest

31.01.2003 Interest

29.11.2002 Interest

29.11.2002 Charges

09.11.2002 Referral Charges

31.10.2002 Interest

04.11.2002 Charges

08.10.2002 Charges PRF

Total £

 

Interest @ 8%

 

Total claimed online court £

 

Paid Court 120.00

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Thanks for that livelylad l've copied martin3030 letter attached my charges should l add a POC getting a little bit less stressed as l will be at the migraine clinic tomorrow she can give me some more pills

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Hi Louis wu thanks for all your help in the forum, then all of a sudden l got tranfered to the natwest forum and wondered where everyone was.

still not sure od this site and who see what but will be faxing over martin3030 letter and my charges to corbetts and the court and was wondering should l also send POC as well . getting a bit less stressed now until the next letter arrives

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Guest NATTIE

not sure where you other posts are, but assume someone has advised you that there are things you can claim and things you cannot claim, ie interest on charges YES, but legitimate interest on your overdraft, NO.

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