Help needed against Natwest

[shu11173]

Hello peeps.

 

Wouldn't mind some advise is poss.

I have requested NatWest pay back charges going back 10 years. I sent a schedule with interest added.

They have replied stating that they will offer me "as a gesture of good will" an amount that equals charges going back exactly six years from the date of my request, without interest. This is a full and final offer. On querying this, they stated that by law they only had to go back six years.

I know of the limitations act 1980 section 32 and was wondering what i should do next. They have verbally advised that they will not consider amending the amount offered. I believe that i have to go through small claims now. Can anyone advise??

If i have to, can someone point me to an area of the forum that helps withthe claims??

 

Thanks

[WendyB]

Hi Shu

 

when you have more questions, add them onto your thread and that will bump it back to the top of the list.

 

You can go back more than 6 years but I'm not too up on this, read the link Parkvale gave you earlier, this will answer a lot of the basics.

[Parkvale]

Have a look at this thread. The limitations issue is still very hit and miss. My own claim involves half the claim being pre 6 years. Have a good read and post again.

http://www.consumeractiongroup.co.uk/forum/legalities/11227-limitation-act-1980-lets-5.html.

http://www.consumeractiongroup.co.uk/forum/natwest-bank/83479-11-week-wait-interesting.html#post747812

[shu11173]

Hello

 

Just wanted to know if anyone knew where i could get some words together for completing my MCOL application "particulars of claim" section.

 

Any help will do.

[steven4064]

Hi shu11173

 

Look here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site.

[shu11173]

Thanks Steve

[shu11173]

Hello,

Can anyone help me with some info please?

 

I recievd a gesture of goodwill offer, 7 weeks after my first request letter with the full and final payment clause. I refused and submitted my on line claim with MCOL on 7th June 07.

However, i am wondering whether i should have issued a "letter before action"!!! After numerous phone calls Natwest advise me that the offer was non negotiable, so i saw no reason to send and LBA.

have i shot myself in the foot at all?? Is the LBA a necessity??

[tigga_1961]

i think you should of issued a lba, but another site advises on jsut the one letter before action so maybe u got it right, someone else will advise no doubt, was the gesture of goodwill for the full amount if so personally i would accept so the court dont see you as trying to get the extra 8%. these are just my opinions from what i have learn so far...

[Parkvale]

The correct position is that if your initial claim was just for charges. Then you must except their offer.They could apply to the court for your claim to be struck out for being unreasonable. If you claimed for charges plus overdraft interest then you can continue your claim through the courts. Good luck.

[shu11173]

Hi All,

 

I recieved yesterday a package from Cobbets. There was a defence and a request for further information and clarification. I am not sure if the defence is a standard Cobbets as it goes on about my claim not being properly particularised....

Also in the defence, as i am claiming for more than six years, they have stated

"Without prejudice to the foregoing paragraph, if and to the xtent that the claimant proves the allegation that the defendant debited charges to the claimants bank account, insofar as such charges were debited on a date or dates more than six years prior to the issue of this claim, any remedy in respect of the same, whether damages, restitution or otherwise, is barred by hte operation of the Limitation Act 1980 an/or doctrine of laches and the defendant will apply to strike out this aspect of the claim and/or for summary judgement".

 

The request for information requests a shecdule of charges with reasons and then the usual queries re: UTCCR 1999.

 

Can someone advise please ?

[shu11173]

Hi all,

 

i haven't had any response from my earlier thread.

Just need info regarding Cobbets defence and request for further info.

I presume it'd be better for me to wait for the court to advise me to issue the info and send a letter to Cobbets.

I am a bit worried as i have to respond by 25th July 07.

 

Please help

[hedgey06]

I had the same thing in my defence as well - it's just because a couple of the charges go over the 6 year limitations period. Don't worry about it - there's plenty of stuff on CAG to back these charges up once you start to put your court bundle together.

 

If cobbetts have sent you a CPR part 18 request for further information you don't have to respond to this unless the court orders you to do so. for the time being - send cobbetts a copy of the letter in this thread http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html along with a copy of your schedule of charges.

[hedgey06]

Answered on your other thread.

 

Please stick to one thread throughout your claim with nat west - it's difficult to keep track of your claim if you use different threads.

[shu11173]

Thanks hedgey06.

 

Will keep to this thread throughout.

[shu11173]

I ma claiming back to 1997, so it;s more than a few that have goen over. hopefully will be able to use theLimitation Act 1980 section 32 to aid me.

Also shall i copy the letter to the court?

[Micky the Hippo]

got mine direct from Cobbetts yesterday, what an unpleasant and bullying bunch they are, their defence makes Barclay's look like sweet reason

[shu11173]

hi micky,

 

cobbets are a bunch of ****.

Anyway, are you claiming for more than 6 years??

[Micky the Hippo]

fat chance

 

I've been trying fairly hard to get old statements from them, so far I've got four sets of the last six years

 

given the time elapsed, I've got some at the older end that are now older than six years

 

Why they pick those out when they're always made umpteen arguments why they won;t pay any of the charges is beyond me

 

and how they know you have old ones when they say you haven't supplied any details of charges is another poser

[shu11173]

Micky,

I got the older statements by calling the actual branch i hold an account with. The explanation by the bank staff were that older branches still have records and they can print these off themselves.

I even got a phone call from the lady asking if i had recieved them ok???

The reason they are asking for the statements is because i think i failed to put the reason behind the charges. i have the date and chareg amount but no reason. It's funny becoz i used the money saving expert calculator and it didn't promt me for the reason either...

Anyway, have you sent the letter to cobbets?

[Micky the Hippo]

good tip about local branch, I'll try that

 

this is the only reliable site to use I think, lots of people seem to come a bit unstuck using MoneySaving Expert materials

 

and give us a chance, I only got the defence last night, I'm waiting for the one from the court anyway I think to see if it's got an AQ with it

 

got my Barclays one to do as well

 

and the draft directions thing too

 

and find the money for two AQs

 

[shu11173]

You're going to be busy bee!!!!

I am going to send cobbets the standard letter along with a copy of the schedule.

I shall then wait for the courts instruction to do so. Not sure if i should send a copy to the courts tho!!!

[HSBCrusher]

threads merged!

 

please keep to one thread, it helps us keep tracks on you!

 

Crusher

[muggins73]

Hi shu,

 

Basically cobblers did exactly the same to me. I chose not to bother entertaining them, until the court ordered me to do so. The court did not and I was awarded my money in full way before the court date.

 

It is totally up to you whether you chose to respond or not, some do, others dont. If you choose to do so, its worth sending the court a copy as it keeps evrything above board. The fact of the matter is, that if you have to prepare a court bundle (once you receive a court date) all correspondence will have to be duplicated anyways.

 

Hope this helps.

 

Good luck and keep us posted:)

[shu11173]

Hi all,

Following on from the defence from Cobbets, to which I have yet to respond to ( i.e letter stating intimidation etc etc), i recieved a "notice of transfer proceedings" today. It states the case has been transferred to a court local to my home address. It also has attacthed a order stating "The filing of the Allocation Questionaire be dispensed with in this case unless district Judge at the court of transfer orders otherwise" and that "an allocation fee may be payable...please contact the court for further details"... But what has confused me is that it also attaches a copy of the further information and clarification request from cobbets, but nowehere does it state that i must respond to the request. It only says please read the accompanying documents carefully.....

 

What shall i do??? the date set by cobbets for the further info was the 25th July 2007. Shall i still send the standard letter re: intimidation etc and copy to the new court???

 

Please advise

[shu11173]

hi guys.

 

i hope some one can advise. please see post above...

 

thanks