Delorean vs NatWest ** SETTLED **

[barracad]

14 calendar days - the banks charge interest at weekends, so why shouldn't we count them?!!

 

14 days from the date of your letter - no need to send Recorded Delivery.

[delorean]

Ah thanks for that. I sent both recorded just to be on the safe side, no way they can say they lost them etc etc.

 

So 14 days from the date of the letter. Nice one.

[delorean]

Just a quick question....

 

What do I do if the bank does not respond to my Prelim letter? Do I just send out the LBA in the first instance?

[barracad]

What do I do if the bank does not respond to my Prelim letter? Do I just send out the LBA

 

Yes.

 

Stick to what it says in the step-by-step guide.

[delorean]

Okidokes, just making 100% sure.

[delorean]

Ok, Stuart Higley sent a dear John. Usual prelim rejection everyone else has had.

 

Do I wait til the 14 day limit is up or shall I now send the LBA?

[delorean]

Sent LBA and schedule of charges off today recorded delivery.

[ray50]

I was with advantage gold for a while and I know the £6 charge I can't claim back so i ignored those.

 

 

I opened one of them advantage gold account thingies and was charged over £12 in the first two months although I had NOT even used it!!! I opened it so that I could transfer all my DD's over from the current account and what I had left I could safely spend. Little did I know, when the current account charges started to hit:rolleyes: I consequently closed the A/G account down and the divils have charged me £90 odd (compounded) to close it down...So I will definately be after them for THAT one. The moral of the story is dont let em' off the £6:wink:

[delorean]

I think i've made a HUGE, monumental F**K UP!!!!

 

Can a mod/admin contact me URGENTLY please????? Have tried PM but your inboxes are fuller than Lisa Riley's belly at a 21st birthday finger buffet!!!

[barracad]

Have only just seen this - did somebody help you?

[delorean]

Hi chief. Not yet, would appreciate some help with this if that's ok would be grand.

 

Just something i'd rather not discuss on the thread.

 

Thanks a million.

[barracad]

PM me.

[delorean]

Hi barra, thanks for that, I shall PM you seperate.

 

I got a response to my LBA today, which I think was rather on the quick side. It says this though:

 

Dear delorean

 

Thank you for your letter dated DATEOFLETTERHERE, although I am sorry to learn you remain dissatisfied.

 

You claim I did not respond to your letter of DATEOFLETTERHERE, yet a fulsome rely (nice spelling lol) was provided on DATEOFPREVIOUSRESPONSEHERE; I hope that this letter is safely to hand.

 

In your latest letter you have claimed that we have been acting as your fiduciary, yet I am unsure of the basis of your contention. This does not form part of the normal banker/customer relationship.

 

I am sorry that we have reached this position but I regret that there is little that I can add constructively to my last letter and I note your proposed course of action. I have alerted our lawyers and litigation department accordingly. May I please remind you that the address to use when initiating legal documents is that of our Registered Office at 135 Bishopsgate, London, EC2M 3UR.

 

Thank you for letting me know of your intentions.

 

Yours sincerely

 

Stuart Higley

Customer Relations

 

 

I take it I now head to moneyclaim? Can anyone help me as I am not sure how to proceed now.

 

Thanks.

[barracad]

If the 14 days are up then yes move on to Moneyclaim.

[delorean]

The 14 days are up on Monday next. But it seems like the above is firm and final so I could proceed no?

[delorean]

What do you make of the letter they sent above too? Sounds a bit snotty to me!

[barracad]

The 14 days are up on Monday next. But it seems like the above is firm and final so I could proceed no?

 

I understand your logic but the general concencus is to allow the full 14 days to be seen as being reasonable in case it ends up in court.

[delorean]

fair do's. i think i'll leave it til monday then. plus it gives me from now til then to prepare it all properly!

[delorean]

Ok, the time has come. Today is day 14, no further response from NatWest so I am now filling out my Moneyclaim.

 

At a cost of £120! EEK!

 

I need help filling this in. Can somebody tell me if this is correct please?

 

 

 

I have a contract with NatWest bank dated DATEIOPENEDTHEACCOUNTGOESHERE?? and which is conducted on their standard terms and conditions. I are claiming the return of money taken by the defendant in the way of charges over the last 6 years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

 

I have repeatedly asked the bank to justify their charges but they have declined to do so.

 

 

Where do I show the charges (like when you attach a copy of the list of charges from the spreadsheet) when there is no room?

 

Also the last two questions what do I put for:

 

Does or will your claim include any issues under the Human Rights Act 1998?

 

Do you want to reserve the right to claim interest?

 

 

Yes or no for each?

 

Thanks in advance!

[delorean]

Ok, as I see it, this should be my Moneyclaim particulars???

 

 

I have an account no. ACC NUMBER HERE with the defendant which was opened on DATE OPENED HERE and is conducted on their standard terms and conditions. I claim the return of £1660.54 taken by the defendant in the way of charges and the interest levied on those charges. The bank's charges are a disproportionate penalty and thus unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regs. 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable as per the Supply of Goods and Services Act 1982 s.15. NatWest bank have repeatedly declined to justify these charges.The claimant claims interest under s.69 of the County Courts Act 1984 at the rate of 8% a year from DATE HERE to DATE HERE of (£HOW DO I WORK THIS OUT?) and interest at the same rate up to the date of judgment or earlier payment at a daily rate of (£AMOUNT???)...

 

Charges 1397.94

Interest 262.60

Total 1660.54

 

s69 Interest on total

 

Total 1660.54

[alanfromderby]

Ok, the time has come. Today is day 14, no further response from NatWest so I am now filling out my Moneyclaim.

 

At a cost of £120! EEK!

 

I need help filling this in. Can somebody tell me if this is correct please?

 

 

 

I have a contract with NatWest bank dated DATEIOPENEDTHEACCOUNTGOESHERE?? and which is conducted on their standard terms and conditions. I are claiming the return of money taken by the defendant in the way of charges over the last 6 years and interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

 

I have repeatedly asked the bank to justify their charges but they have declined to do so.

 

 

Where do I show the charges (like when you attach a copy of the list of charges from the spreadsheet) when there is no room?

 

Also the last two questions what do I put for:

 

Does or will your claim include any issues under the Human Rights Act 1998?

 

Do you want to reserve the right to claim interest?

 

 

Yes or no for each?

 

Thanks in advance!

 

 

 

The claim does NOT include any issues under Human Rights.

Yes, you are claiming 8% county court interest (presumably)

Send a copy of the spreadsheet seperately to the Defendant (by recorded delivery) and, when the court has been allocated, to them as well.

 

Try this for your claim wording:

 

I have an account no. (a/c number) with the defendant which was opened on ??/??/?? and is conducted on their standard terms and conditions. I claim the return of (£xxxxx) taken by the defendant in the way of charges plus the interest levied on those charges. The bank's charges are a disproportionate penalty and thus unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regs. 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable as per the Supply of Goods and Services Act 1982 s.15. The bank have repeatedly declined to justify these charges.The claimant claims interest under s.69 of the County Courts Act 1984 at the rate of 8% a year from 7/1/03 to 7/7/06 of (£......) and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of (£....).

[Michael Browne]

Where do I show the charges (like when you attach a copy of the list of charges from the spreadsheet) when there is no room? Send one with your AQ

 

Does or will your claim include any issues under the Human Rights Act 1998? No

 

Do you want to reserve the right to claim interest? Yes

 

This may need amending to fit:

 

Claimant has account (A/C No) with Defendant from (Date a/c opened)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00 = amount claimed) taken by Defendant in charges over (X) years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of 1st charge) to (Date of filing claim) of (£0.00 =8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p = Amount claimed x 0.00022).

[delorean]

Thanks Alan and Michael, I really appreciate your help on this. Thanks.

 

Cool, so for my final draft of my particulars I shall put:

 

Claimant has account (A/C No) with Defendant from (Date a/c opened)conducted on their standard terms and conditions. Claimant is claiming the return of £1660.54 taken by Defendant in charges over 6 years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from (Date of 1st charge) to 24.07.06 of £262.60 and also interest at same rate up to the date of judgment or earlier payment at a daily rate of £0.36p.

So my total amount I am claiming is £1660.54 + the 36p per day interest? Now do i just do Number of days since first charge * 0.36 to get the interest total? So far I am claiming £1660.54 for the charges + 8% interest (i have not added the s.69 sum yet to my grand total).

[delorean]

If that is the case, my grand total is:

 

Charges: £1397.94

8% Interest On Charges takes total to: £1660.54

+

s.69 8% interest (at 0.36p) adds on £676.80 to take it to: £2337.34

 

Is this correct?

[Michael Browne]

Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from (Date of 1st charge) to 24.07.06 of £676.80 and also interest at same rate up to the date of judgment or earlier payment at a daily rate of £0.36p.

 

 

Yes.