Delorean vs NatWest ** SETTLED **

[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

[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?

[delorean]

Groovy. So the above is correct? I am claiming back £2337.34?

[delorean]

Sorry for the squillions of questions about this. I just want to make absolutely sure I have it all written down right. Thanks for staying with me on this.

[delorean]

Yep, I used vamps spreadsheet. The charges came to £1397.94 then the interest on it was £262.60 it says at the bottom. The £676.80 interest i just did £1660.54 x 0.00022 to get the 36p then just did number of days since first charge x 0.36. Is that right?

[delorean]

Aha! I think i've sussed it! It should be like this?:

 

Claimant has account ACC NO. with Defendant from DATE ACC OPENED conducted on their standard terms and conditions. Claimant is claiming the return of £1397.94 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 31.05.01 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.

[delorean]

Michael: I used the simple one (with no coloured boxes etc). It just has:

 

In Respect of:AmountDate IncurredDays since offenceInterest 8% APR

[delorean]

Argh! LOL This is wrecking my head lol.

 

So it's 31p not 36p? I'm completely and utterly lost now lol.

[delorean]

LOL thanks Michael. Soooooooooooooo it is as follows??

 

Claimant has account ACC NO. with Defendant from DATE ACC OPENED conducted on their standard terms and conditions. Claimant is claiming the return of £1397.94 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 31.05.01 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 £0.31p.

[delorean]

Please tell me the above is correct before my face explodes! LOL

[delorean]

PMSL!

 

Hahaha thanks! Submitting it right now.

 

Many many thanks to Michael and Alan for your help with this. Gracias.

[delorean]

Ok, claim submitted just now for £1779.56! Here we go sportsfans!

 

Michael, Alan; good job, hit the showers you two!!

[delorean]

Just had another thought about this. Now I have filed my Moneyclaim for this case, do I send a copy of the charges list to the address I served the claim papers to?

 

If so I shall send by recorded delivery tomorrow first thing.

 

What needs to be put on the letter?

 

Just:

 

Dear John,

 

Please find enclosed a copy of the charges brought on my account by NatWest in relation to Claim #CLAIMNUMBERHERE.

 

Regards,

 

Joe Bloggs.

 

???

[delorean]

I got the Acknowledgement of Service in the post today from the court.

 

It says they intend to defend all of the claim.

 

What do I do now? I have sent the copy of charges to NatWest registered office when I did the Moneyclaim. Do I send a copy to the court too?

 

What do I do now? Just sit and wait for the 28th day to arrive?

 

Many thanks.

[delorean]

Not had an AQ yet, I assume I will get one?

[delorean]

Groovy, thanks Michael.

 

What sort of time frame does this run on? I mean, they've acknowledged the claim now. How long til I hear from their lawyers? Should I normally hear something within say, 2 weeks?

[delorean]

Got a letter from Cobbetts today that has a copy of the defence and CPR 18 request.

 

What's next? Not really sure where to proceed from here!

[delorean]

Didn't see the responses above, thanks for the support folks! I've just looked on MCOL and no sign of a defence, though they sent it in the post which I got yesterday as i've been away since Friday.

 

I take it it's not worth pressing the default button now?

[delorean]

Ok so I sent back the standard CPR 18 intimidation larks to bopth Cobbetts and the Court yesterday.

 

Today I got a letter from the court with a copy of the defence and an Allocation Questionairre.

 

Any advice anyone??

[delorean]

Got another letter from Cobbetts today basically saying:

 

"it's our clients contention that your particulars of claim do not properly particularise your claim. For example our client cannot properly defend a claim where you have not given your account details and the details of each charge you claim is disproportionate and unreasonable."

 

Which is rubbish because I sent them details of my account (listed on EVERY letter) and a list of charges (which they've had several times now) in response to the CPR 18 request which they say "that the Court of it's own initiative may order" and that "our client objects to your allegation that the Request is intimidating."

 

What a load of rubbish.

 

Any ideas on how to proceed next or should I just wait it out? The court got my AQ and cheque yesterday so i'm wondering if I should just ignore this letter?

[delorean]

Received the Natwest AQ filled in by Cobbetts this morning. They submitted it to the court yesterday they said, and the deadline is Sept 17th.

 

Hopefully this is nearing the end now. They also know from my AQ (i never sent them a copy, just the AQ to the court) that I am on a tight deadline to resolve this case before I emigrate so hopefully that will speed things up even more now!

 

Dunno how far I am from the finish line, but hopefully it's not far off now...

[delorean]

I am emigrating to Canada at the end of October so my case needs to be wrapped up well before then.

 

I called the court today. I never gave the lady my claim number or gave any info about my case. i just asked about when it would be sorted out as I am moving to Canada. As soon as I said that she sounded like she knew of my case and said my case has been sent to the District Judge today and that I will hear something by the end of the week.

 

Sounds like my case is famous at my local court! LOL.

 

Still, we shall see what happens. Maybe they will speed my case up because I am moving to Canada. Who knows?

 

Watch this thread closely...