rpgsx3r v Natwest

[rpgsx3r]

Hi all,

 

I've spent a fair amount of time reading the advice and forums around here and made a start last week. I'll let you know how I get on, cross your fingers for me! I'll be updating this first post with progress too.

 

NatWest Current Account

19/4/07 - Checked statements. Owed £1237 in charges.

19/4/07 - Phoned Natwest and asked for money back - no joy.

19/4/07 - Sent Prelim letter based on template.

26/4/07 - Received 'looking into it' letter from NatWest

03/5/07 - Sent LBA

21/5/07 - Submitted N1 form at court

05/6/07 - Received Acknowledgement of Service from Cobbetts

07/6/07 - Received Notice of Issue from Court

08/6/07 - Received Defendant's Acknowledgement of Service from court

09/6/07 - Received offer from Natwest to pay me 100% of charges

11/6/07 - Offerred to accept charges+court fees

19/6/07 - Received defence from Cobbetts

[PPMAN159]

Good luck and keep us posted

[rory32]

Make sure you are charging them interest on the charges.

Best of luck.......Rory

[rpgsx3r]

I've not charged any interest. I read a few of the threads and couldn't understand how it worked (and the link to the spreadsheets aren't working).

 

I understood that other than that, the standard 8% should only be added if I get to the stage of going to court? I'm not clear on that either to be honest, but it's some time away yet anyway!

[PPMAN159]

Thats the way that I have read the situation-you only add the 8% when you file on MCOL.

[rory32]

What are you saying PPMAN159.....an interest free loan to your bank. I don't think so!!!

rpgsx3r the bank have used your money to invest and make money for themselves, you are entitled to interest. The minimum rate you can charge them is 8% (this is the rate the court would award you if you had to take the bank to court), however you can ask them for the contractual rate (usually around 29%) but if you are not comfortable with this as its a bit more difficult to argue just charge them 8%.

But for goodness sake charge them some interest.

[rpgsx3r]

I've only sent the Preliminary letter without interest included at this stage. Are you suggesting I should charge 8% interest on every charge from the date it was made to present at this stage? The posts I have read on this matter on the forums have argued the contrary.

[The cobbett slayer]

The 8% is under Section 69 of the County Courts Act and is only applied when proceedings are issued.

[rory32]

Then you should read some more........most people charge interest that's what the spreadsheets in the templates library are for. You can charge 8% interest on every charge from the date it was made to present, or you can charge at a higher rate if you feel you can justify it (any claim over 8% you would have to justify to the court if it went this far). I would just send the bank another letter (if you want to charge them interest) stating you are now aware of you rights and the owing is now £xxxx plus interest at x% giving a total of £xxxx. The timescale give in your original preliminary letter still stands.

[rory32]

Alternatively use the template in the templates library http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

You will notice the inclusion of overdraft interest.

[The cobbett slayer]

That's interest charged on overdrafts Rory, has nothing to do with S69 of the CCA.

 

I agree you SHOULD be able to claim interest on the amounts taken from your account and I would be interested to see what would happen if you tried.

 

As for the suggestion that I should read some more - take a look at this when you have a spare couple of hours http://www.consumeractiongroup.co.uk/forum/natwest-successes/17630-thecobbettslayer-natwest.html

 

I've done a bit of reading over the last few months!

[rory32]

Hi Cobbett Slayer the reference to "Then you should read some more" wasn't directed at you it was directed at rpgsx3r. No offense was intended - please don't take any.

Rory

[The cobbett slayer]

Then I apologise Rory - it's so easy to take things out of context.

 

It's still a good read though:D

[rory32]

No need to apologise. I'll have a look at your link when I've got a minute (or maybe an hour or two from what you've said). Always interested in winning claims.

Cheers.......Rory

[rpgsx3r]

Ok, I read that thread (well, most of it!) very interesting stuff - and gratz on the outcome!

 

So can we get a consensus on the 8% now? I was under the impression that I should claim only for the charges, but then add 8% if it gets to the MCOL stage. Right? I have several other claims at just the SAR stage, so it would make significant difference.

[PPMAN159]

That is what I have done with Nasty Vest-claim the charges from them in the LBA and then add the 8% interest onto the claim at MCOL stage

[The cobbett slayer]

You can only claim interest at the court stage. Your initial claim is for the charges only.

[rpgsx3r]

Thanks for the clarification. I'll keep you posted.

 

I've just had some 'interesting' calls with the Student Loans Company and Honours Student loans, so time to write another post about that!

[rpgsx3r]

Quick Update:

 

NatWest Current Account

19/4/07 - Checked statements. Owed £1237 in charges.

19/4/07 - Phoned NatWest and asked for money back - no joy.

19/4/07 - Sent Prelim letter based on template.

26/4/07 - Received letter from Natwest

 

Received a letter today saying "We are currently investigating your claim and will respond to you as soon as possible."

 

I guess I'll just continue with the LBA after the 14 days since sending the Preliminary letter are up.

[rory32]

Yes continue with the LBA. A banks idea of responding to you as soon as possible when recliaming your charges is...........well how long is a piece of string.

[rpgsx3r]

NatWest Current Account

19/4/07 - Checked statements. Owed £1237 in charges.

19/4/07 - Phoned NatWest and asked for money back - no joy.

19/4/07 - Sent Prelim letter based on template.

26/4/07 - Received 'looking into it' letter from NatWest

03/5/07 - Sent LBA

 

The 14 days are up since Thur 19th April so the LBA has gone today.

[rpgsx3r]

Had a response regarding my partner's account:

 

NatWest Current Account (partner)

23/4/07 - Sent Data Protection Act letter.

02/5/07 - Received partial statements

03/5/07 - Received 'as soon as possible' letter

 

 

Yesterday we received an envelope with statements dating back only as far as June 2006. I thought this was odd, but then realised this was around the point that we were married, so her account before this date would be in her maiden name. However, I've re-read the CAG S.A.R - (Subject Access Request) template and surely they should still send everything?

 

Today we received another letter saying, amongst other things, "Any information required to be provided to you under Section 7 of the Data Protection Act will be forwarded to you as soon as possible." Followed by a lengthy paragraph about Manual Intervention.

 

Does anyone think it necessary for me to contact them again explaining the issue with the maiden/married name? Or should I just wait until the 40 days are up? It seems crazy to me that this would affect the S.A.R - (Subject Access Request), as the account quite obviously still belongs to the same person.

[hedgey06]

Hi rpg, might be worth a phonecall from your wife to explain she's received some statements but that the clock's still ticking on the SAR deadline and they only have xxx days to comply. They may get their skates on if jogged! Good luck, hedgey xx

[rpgsx3r]

NatWest Current Account

19/4/07 - Checked statements. Owed £1237 in charges.

19/4/07 - Phoned NatWest and asked for money back - no joy.

19/4/07 - Sent Prelim letter based on template.

26/4/07 - Received 'looking into it' letter from NatWest

03/5/07 - Sent LBA

-----

 

Ok, I've had no response to the LBA, so I'm ready to claim in court. I've completed the simple bank charges template spreadsheet now that they're back online (yay!) and the 8% column adds around another £200 to make a total of around £1450.

 

I've mostly completed the N1 form based on the template information as provided here, but have a couple of questions.

 

1) I have the charges, s69 8% total and court fees and the total of this, but I’m unsure about the template part that says:

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just.

 

Is that just the charges+s698% total multiplied by 0.00022? (It’s about 30p a day). Is that correct?

 

2) In the particulars I’ve changed point 1 to show two accounts as I’m claiming for a personal and joint account. Any problems with this?

 

 

3) I’ve put the claimant’s and defendant’s addresses in, but there is another box at the bottom of the 1st page asking for the defendant’s name and address again. Is this for the defendant to complete, or do I have to fill it in again?

 

Advice appreciated!

[rpgsx3r]

Hi rpg, might be worth a phonecall from your wife to explain she's received some statements but that the clock's still ticking on the S.A.R - (Subject Access Request) deadline and they only have xxx days to comply. They may get their skates on if jogged! Good luck, hedgey xx

 

Cheers - yeh, I sent another letter saying pretty much that just a few days ago.