Kellie Vs natwest *ongoing*

[kellie1984]

deleted

Edited May 31, 2010 by kellie1984

[kellie1984]

one more thing! They also told me that I need to prove why these charges are unlawful! (when on the phone with them today)

 

how do I do this!?

[hedgey06]

Hi again kellie,

 

Firstly, the case yesterday does not mean that nat west no longer have to refund our charges - their penalty charges are still unlawful and there is certainly no need for them to be 'cocky' with you just because one judge has made a ruling in favour of a bank. Have a look in the lloyds forum - he's expected to be over-ruled on appeal anyway!!!!

 

Is it the prelim and LBA that you've already sent to them???? xxx

[fendyweather]

Hi Kellie, firstly dont panic. From the looks of it youve pretty much followed the procedures, albeit some of the dates a bit out, but now you have given them long enough. This case yesterday is giving all the banks false bravado,,,,,,,,,,,, dont let it deter you. In order to make them sit up and take note, then you are going to have to file at court. Its the only way these people can be dealth with. The case yesterday was a one off, a fluke........... and steps are already being taken on here to counteract it if it happens again. And to be honest once appeal is made, the guy is expected to win anyway................. so if the banks are being cocky, do as you say you would, FILE AT COURT. That will get their attention. I know it will be a bit long winded and drag out even longer, but ultimately you will get your money. End of story............. stop delaying, start filing. Fendy xxxxxx

[kellie1984]

deleted

Edited May 31, 2010 by kellie1984

[kellie1984]

deleted

Edited May 31, 2010 by kellie1984

[kellie1984]

deleted

Edited May 31, 2010 by kellie1984

[kellie1984]

deleted

Edited May 31, 2010 by kellie1984

[kellie1984]

deleted

Edited May 31, 2010 by kellie1984

[kellie1984]

deleted

Edited May 31, 2010 by kellie1984

[kellie1984]

deleted

Edited May 31, 2010 by kellie1984

[fendyweather]

It doesnt matter if youre not claiming interest,but at the point that you file at court or online through MCOL, then you are going to be entitled to 8% statutory S69 interest via the courts. Right, in order to calculate the interest on each charge. You calculate how many days have passed since the charge, so for instance. Your first charge on the list above.

 

168 days have passed since the charge was made on your account. So you times the amount i.e. £12.00 x 0.00022 to get an accurate figure of what the S69 court 8% interest will be, so on that one charge the interest would be £0.44p. And so on. Just work it out. But it would have been easier if you had used the spreadsheets available on here to download because it calculates the days for you. Are you getting this Kellie ???? Fendy xx

[hedgey06]

Hi Kellie, before you submit your MCOL form, download one of these spreadsheets 6. Interest calculation spreadsheets depending on whether you're on works or excel (think you need the 'simple' version).

 

The spreadsheet will work out the amount of s.69 interest that you're entitled to automatically - as you can claim this now as well. Once you've entered everything into the spreadsheet, you need to print a few copies off as this becomes your 'schedule of charges'.

 

Again, before you send your form, read these 5. Money Claim On-Line (MCOL) Particulars of Claim and

Moneyclaim - start your County Court claim online to make sure you've got everything right.

 

Finally, good luck - you'll be fine! Have a good read of this http://www.consumeractiongroup.c o....tructions.html just to make sure you understand the full process and just post back on this thread whenever you need any help and/or to update us! Best wishes, hedgey xxx

 

 

 

 

 

[WendyB]

Kellie

 

it looks to me that the charges at the end of each month wold be the fee for the advanage gold account, i.e £12.00, these are not reclaimable (although there has been a chap who got them back but I think that was probably a blip) The charges for £40 are probable made up of £12 Adv Gold Fee and £28.00 unauth borrowing. A quick calculation means that the reclaimable charges would be £343.00.

 

Best thing to do is put them onto one of the spreadsheets, in the templates library, this is pretty straighforward - even I managed to do it...this will automatically calculate the 8% interest. Sorry I can't do you a link cos not technical enough. But I have copied your charges and will try to get them onto a spreadsheet for you while the boss is out. Will post again when I've done it.

 

Wendy

[WendyB]

Hi Hedgey, noticed your viewing this one too - have I given right advice above?

[WendyB]

And can you pm me and tell me how to do links cos I'm beginning to feel a bit pathetic..........

[hedgey06]

Wendy, advice is great and I've PM'd you as well!!! xxx

[WendyB]

Kellie

 

have done your spreadsheet but can't work out how to attach it to a PM. I'm having a particularly blonde day today....

 

If you PM me your email address I'll email it to you later, but if it's after 4.30 then it won't be till tomorrow cos I'm leaving work at 4.30. Well that's the plan anyway...

[kellie1984]

deleted

Edited May 31, 2010 by kellie1984

[WendyB]

Yes Kellie thats the right spreadsheet, you've saved me a job sending it to you now. But go back to Post 14 above, take out the £12.00 charges cos these are the monthly Advantage Gold fees and not claimable

 

Wendy

[kellie1984]

deleted

Edited May 31, 2010 by kellie1984

[WendyB]

The above letters should be enough, you've given them enough time. You don't have to take copy to bank as they'll get a copy of everything from court I think. (Someone correct me if I'm wrong please) Personally I would go to MCOL or N1 at this point I think, but I'm not an expert in Court stuff, haven't got that far yet myself - another week and a bit to go before I can file.

But I do know that the court stuff has to be absolutely as good as you can get it so banks can't wriggle out on technicalities, preparation is everything.

 

Regarding the interest on statements, it all looked a bit complicated to me so I didn't bother, as it didn't amount to much anyway. Just do the 8% with the court claim.

 

Cany someone else advise re the Court stuff please??

[hedgey06]

Hi again Kellie,

 

If you're filing your claim at court now, you need to decide whether to do it via MCOL or whether to file in person at your local county court. This thread will be useful for you to read before making a decision. Moneyclaim and hardcopy claim compared Personally, I went for the hard copy version as I felt that I had a bit more control over it - but it's a personal decision!

 

If you decide to go down the MCOL route - Have a look at one of my earlier posts where I gave you the relevant info on MCOL. If you decide to go down the hard copy N1 route, you'll need these links N1 Claims form in .PDF format with form filling and4. Particulars of claim - N1 - hard copy version The particulars of claim link is excellent as it allows you to cut and paste the info onto the N1 form itself - you just 'fill in the blanks'!!!

 

Whichever route you decide upon, the most important thing to do now is to make sure that you understand every step of the N1 process. Post back if you need any more info/advice as it's best to get it right rather than to submit an incorrect form.

 

Hedgey xxx

[kellie1984]

deleted

Edited May 31, 2010 by kellie1984

[hedgey06]

Tis a pleasure!! Go get your cash back!! xxx