James vs Natwest **WON**

[jimo2002]

Hello All, i've just Joined today as i find this group fantastic... I thought i would start my thread with the details of my claim against NatWest..

 

I am making 2 claims for 2 seperate accounts, both in my name.

1) Current Plus Account, Caliming £900.00 in Total

2) Step Account, Claiming £76.00 in Total

 

 

I would also like to point out at this stage that my partner works for NatWest and is helping me with this claim, and is also making claims against Natwest for charges he has had onhis account before he started working for them. (to also cover my partners securty i will not be giving thier name or the "true" amounts i am claiming incase Natwest figure who they are and they get the sack)

 

I started about 4 weeks ago, my partner advised me to call the Customer Relations department to simply ask for 6 years worth of statements for both accounts with the view to claim the charges... I did this and sure enough they aggreed to send me the statements with no charge. They arrived 2 weeks ago.

 

I then worked out how much the charges totaled, and the interest charged to my account as a result.. This is how i got the total figures.

 

I then sent the following letter to the Bank manager of the branches the accounts are held at, and also a copy to the CUstomer Relations Department.

 

Dear Sir or Madam,

 

RE: Account number: xxxxxxxxx, Sort Code: xx-xx-xx[/font]

 

I would like to request a refund of all the default charges that have been applied to my account over the last six years. I do not believe these charges reflect the true cost to you Natwest.

 

I believe that your charges are disproportionately high, and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999.

 

The charges total £76.00. I would like to request repayment of this total sum £76.00.

 

I look forward to hearing from you within 14 days. If this is not the case, I reserve the right to commence legal proceedings without further warning.

 

Yours sincerely,

 

And i sent the same letter for the current plus account.

 

 

 

I have today, 4/06/07, received the following letter:

 

Dear Mr xxxx

 

Thank you for you recent Letter regarding the fees applied to your account.

 

We are currently considering your claim. Given the work involved in assessing your claim we anticipate that we will be in a position to respond within 6-7 weeks, but will endeavour to do so sonner f we are able to.

 

Yours sincerely

 

Stuart Higley.

 

I got two of these letters, one for the Step account and one for the current plus account.

 

 

Is this an acceptable amount of time? I am going to have to sit about and twiddle my thumbs for 7 weeks?

 

Your thoughts would be appreciated...

 

James

[jimo2002]

May i also take the oppertunity to appologise for the way the letter i sent to NatWest is formatted on my first post...

 

- This has now been fixed

[PPMAN159]

Do not stick to Nasty Vests timeframes-stick to yours.

 

As your original letter is the prelim then you can now proceed and send out the LBA(Letter Before Action) and give them 14 days after which you can start the court claim.

 

Also not sure what views the banks are taking on employees claiming back charges but just make sure that your partner is discrete, just to be on the safe side.

[jimo2002]

Ok, that sounds like a good idea. In the LBA letter, do i also now need to include the costs involved in claiming for the charges using MCOL? If so, how much does this service cost?

 

Thanks

 

James

[PPMAN159]

When you send the LBA all you mention are the charges that have been levied-do not include anything else at this stage.

 

Not sure of the exact charge for filing on MCOL but if you go to their website you will be able to get that piece of infiormation.And when you file then you can include the interest at 8%.

 

Hope this helps

[jimo2002]

Yeah thats helps alot, thanks very much. I already have a LBA drafted up for both accounts!

[jimo2002]

Ok,

 

Here is the draft of my LBA. Please let me know if it is ok before i send it...

 

Dear Sir or Madam,

 

RE: Account number: xxxxxx, Sort Code: xx-xx-xx

 

This letter is with reference to my earlier claim for £76.00 made on 22nd May 2007.

 

I am not happy with your response to my earlier request for charges which I believe were unlawfully applied to my account.

 

The £76.00 charges are unlawful, as they do not reflect the true cost to you NatWest. As a result, I intend to claim the full amount plus interest and court fees through the county court.

 

I look forward to a full response to this letter within fourteen working days. Otherwise I will commence court proceedings.

 

I am happy for you to contact me on 07xxxxxxx to discuss this matter.

 

Yours faithfully,

 

Sorry to ask for advise, but i need this little extra help as i've never done anything like this before..

James

[PPMAN159]

Looks ok to send.

 

Diarise that in 14 days that yiu will commence the court procedings and in the meantime take time out to read up on the next stage.

[hedgey06]

Hi jimo, send them the LBA in this link here 3. Letter before action - Consumer version - asking for it back - and just fill in the blanks with your own info. Delete anything that's not appropriate (e.g., the bits in a different colour that are optional!)

Don't forget to send them another copy of your schedule of charges with this as well - and send recorded or special delivery to the Borehamwood address. Make sure the 8% interest column remains hidden at this time as this can only be awarded by the courts (if it gets to the court stage).

Good luck, hedgey xxx

[jimo2002]

OK, now i'm confused, what is this schedule of charges? I have send them my first letter outlining the charges and overdraft interest they have taken from me - is this all i need to include?

 

J

[hedgey06]

The schedule of charges is basically one of these spreadsheets 6. Interest calculation spreadsheets that you download to your own pc. You overwrite the existing writing with your own details and charges and the dates they were applied to your account. As said before, hide the 8% interest column for the moment as well. CAG advice is that you should always send a schedule of charges with both prelim and LBA - this is your summary evidence of the charges they've applied to your account.

[jimo2002]

OK, i've used the letter that you advised to, and i have altered it to say that i have included the schedule of charges, and taken out the part where it said i have previously sent it...

So the LBA letter now reads:

 

Dear Mr Stuart Higley,

 

Account number: xxxxxxx, Sort Code: xx-xx-xx

 

Thank you for your letter dated 29th May 2007. I am very disappointed that you have failed to respond to my letter of the 22nd May 2007 to a satisfactory end.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law and contrary to consumer regulations.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise.

I calculate that you have taken £xXX.60 plus £xx.98 which you have charged me in overdraft interest for the sum which you have taken. Total £XXX.58. I am enclosing a copy of the schedule of the charges which I am claiming.

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a county court claim against you for the full amount plus interest plus my costs and without further notice.

You are also reminded of my request that you forward a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6©, and your continued failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.

Yours faithfully,

 

Hows it looking now??? I must admit, it was a great feeling writting that letter... Now i gotta spend a couple of hours filling in the spreadsheet....

[WendyB]

looks good to me...but make sure that you only claim the o/d interest which relates to the charges, not the interest applied which applies to the agreed overdraft, if you see what I mean.....Hedgey will probably explain that better than me... It was all a bit complicated for me so I just claimed the charges with no o/d interest on my schedule.

And hide the 8% column as you can only claim the 8% once you file at court.

 

Wendy

[jimo2002]

I already know about the O/D interest that relates to the charges, i am very confident that the amount is correct.

 

Thanks for all your help with this, i will post again when i have sent the LBA letter!

[hedgey06]

Looks good jimo!

 

Straight to Borehamwood - recorded or special delivery!

 

Good luck, hedgey xxx

[jimo2002]

OK... I decided to let Natwest have their 40 days to respond, which they have, They have offered me 76pounds!!!! Out of a near 1000!!!!!

 

The LBA letter is now being sent with my schedual of charges...

 

I'll keep you posted at what the outcome of that will be..

 

 

James!

[jimo2002]

Case WON!

 

NATWEST have decided to refund all my charges on my accounts.

 

RESULT

[hedgey06]

Hi James.......... and wow! That's brilliant news!

 

CONGRATULATIONS!!!!

 

We're not seeing too many wins at the mo with the OFT test case, so this is a great result. Well done and best wishes. Hedgey xxx

[jimo2002]

Thanks very much, i'm chuffed!

[sallysas]

You must have the angels on your side.

 

Well done indeed