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qotsa v natwest


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hi, wondering if anyone can advise...sent prelim request to natwest for approx £1700 early march, no reply, then sent LBA 23rd march then went on holiday prior to the two week deadline for court action. got back and natwest had sent full and final offer 27th April of £1042. not sure how to follow up as have not begun court action even though the deadline has passed- any help greatly appreciated, thanks

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Hi, gotsa 1.

 

Have a look in the Bank Templates Library---Rejecting Offers. This should be your next move.

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Guest ChloeJane

Hi there!

 

Hope the holiday was nice!

 

Ok, what you need to do is send a letter to them, accepting the amount as part settlement for the amount you are claiming and let them know that you are continuing your claim for the amount.

 

To do this you need to send a letter - template below.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

Letter 1 would cover it.

 

Send it off and in the meantime, its worth reading up on how you are going to claim.

 

INFORMATION ABOUT FEES AND CLAIM METHODS

You can apply for an exemption through the court when you file your claim so it is worth a read and if in hardship, worth applying.

 

http://www.hmcourts-service.gov.uk/H...fl ets_id=172

 

 

Money claim online - no fee exemption allowed

 

5. Money Claim On-Line (MCOL) Particulars of Claim

 

N1 at your local court. - fee exemption allowed!

 

This is my preferred and recommended here.

 

4. Particulars of claim - N1 - hard copy version

 

At this point, it may appear a little intimidating - hang in there! Its just a process - but worth knowing the step ahead to be confident and well read with what choices you make.

 

All the best with your claim

 

CJ

 

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hi again- will be sending off a rejecting letter to NatWest- do i need to send another copy of the claim details or just the rejection letter? thanks

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  • 3 weeks later...

Threads merged and moved to Natwest forum.

 

I used an advanced spreadsheet to calculate my charges/interest/interest on interest and i'm now filing a court claim- should i still fill out the 8% interest form or is this already within my original claim?

 

I take it you are claiming contractual interest? Please be aware that your POC must be specific to contractual interest. You can only claim one or the other not both.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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  • 4 weeks later...

Hi again,

 

i used a random spreadsheet from a user which was for contractual interest throughout and have now just read that this should only be considered if you are clued up on the legal side of things (which i'm not) as it is more likely that the bank will defend.

 

i received a full and final offer which i have accepted as part payment etc but have heard nothing back for over a month and so now it's on to the court claim- is it better to do this in paper form rather than online and do i have to do anything differently as i have claimed for contractual interest throughout?

 

Many thanks in advance

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Can I just ask, are you pursuing the claim purely because of the contractual interest?

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no i'm claiming for the charges+interest- i can't find the original template or the user who added it to the site, wish i had just used those on the step-by-step guide. thanks

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Have you received a full offer of charges (minus the 8% court interest) without filing at court??

 

Sorry for the questions - just trying to get some background!!!

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In which case, pursue them for the rest! Send them a nice rejection letter based on one of these Rejecting Offers (just adapt to suit your claim) and explain that you want all charges refunding. In the meantime, either file with MCOL or N1 at your local county court!

 

If nothing else.............. you want a full refund of charges!!! Post back if you need any additional links mate! ;)

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thanks again, i have sent a response to the settlement offer but heard nothing back so am filling out N1 form...i guess this section would not be applicable (?) if so how would i detail my interest calculations??

 

c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became owed to you] to [the date you are issuing the claim] of £ [amount] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest]

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The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from enter the date of the first penalty charge to enter the date of the last penalty charge of £ enter total amount of penalty charges and also interest at the same rate up to the date of judgment or earlier payment at a daily rate this should be on the POC - £00.25pence per day

 

Check this link to ensure you get everything right 4. Particulars of claim - N1 - hard copy version then print off three copies, attach your schedule of charges to each one and post/take them to your local county court. Post back if you need more info - and good luck! x ;)

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I strongly advise you to drop the contractual interest. A case was heard in a higher court recently and was struck out - basically setting a precedent for contractual interest claims for bank charges claimants. I'd advise you to just reclaim charges, overdraft interest, plus the s69 8% court interest plus court fees.

  • Haha 1

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ok great, thanks again- so should i go ahead with my N1 claim form but use different figures (ie those from the standard charges/interest calculation spreadsheets) and also calculate the 8%?

would you know if it would have a bearing on my claim because i would have used different figures in my Prelim request and LBA?

 

thanks, sorry for appearing so clueless, your help much appreciated

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You don't appear clueless at all - it's hard work going after these beggars!

 

You could:

a) Accept their offer if it includes all charges

b) Reject their offer if it doesn't include all charges

c) If rejecting, file N1 (or MCOL) and 'unhiding' the 8% interest column on your spreadsheet of charges

 

It doesn't matter (realistically) if your claim differs from prelim/LBA as you can add new charges/change your schedule right up to filing at court. After you've filed, it'll cost you £35 to change your details - so make sure it's correct now and you'll be fine!!!!

 

Post back if you need any further help/links. Hedgey x ;)

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Good for you!!! Do your stuff........... do your reading.......... then chill out for a while!!!! Take it easy and make sure you're one step ahead of cobbetss at all stages!!! x ;)

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Hi again,

 

Still filling out mt N1, please help!!

 

Under the 'Value' heading i have added the Charges/ O/d Int / Int / Ct fee etc...do i need to fill out the boxes directly underneath 'defendants name and address' and the four rows 'Amount claimed' 'Ct fee' etc? i feel i've already added this info on the form- am i duplicating or just reading the process on Bankfodders link (http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html) incorrectly?

 

Many thanks.

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N1, please help!!

 

Under the 'Value' heading i have added the Charges/ O/d Int / Int / Ct fee etc...do i need to fill out the boxes directly underneath 'defendants name and address' and the four rows 'Amount claimed' 'Ct fee' etc?

 

Yes - you need to complete all of this information. ;)

Can't find what you're looking for? Please have a look at Michael Browne's

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