Cheddar V Natwest **WON**

[cheddar]

Yes she puts her direct number on her letters. Am ringing her this afternoon, would have done it this morning but had a screaming child wrapped round my leg for most of it!

[cheddar]

Have just tried ringing her, got someone else again and was told she was busy. I said it's okay I will hold, they said no she will have to ring you back, I said I'll hold anyway!!! After a few minutes I spoke to Joyce who very abrubtly said they have dealt with the DPA, I said that someone had sent some statements to me but no actual DPA, she would have to ring me back. It looks like we're not getting anywhere with this..........

[cheddar]

WOOHOO!!! Actually managed to speak to Joyce Tudor and get an answer, conversation went like this:

 

2.50pm

 

Me: Hi my name is Mrs xxxxxx I'm just ringing to see when you will be sending out my Subject Access Request, I sent off payment and authorisation from my husband 3 weeks ago.

 

JT: What is your surname? xxxxx?

 

Me: Yes

 

JT: I'll just look into that for you, I'm putting you on hold.

 

Me: Ok, no worries

 

JT: Is your reference xxxxxxx?

 

Me: Yes thats the one

 

JT: It says here that the SAR was sent out on 23rd March

 

Me: Oh? Thats strange, well I did get some bank statements from Stuart Higley at your Customer Relations dept but nothing extra and no mention of any manual intervention

 

JT: What exactly do you mean by that? What extra information do you need?

 

Me: Well I would like to have any notes on my account that show where a person has had to change something on my account, whether it be changing my address, stopping a cheque or adding a credit/debit to my account manually rather than asking a computer to do it for them or letting a computer automatically change something as if it is has been pre-programmed to do so. This would also show who did it and when etc

 

JT: There wouldn't be any mention of staff names on your notes that we could give you as they have their privacy rights too (?). But when we do an SAR if it includes anything more than the statements then it would have been included in with them.

 

Me: So are you saying that by not sending any details of any manual intervention that means there have been no manual intervention over the past 6 years?

 

JT: Yes thats what it means. There would have been no manual intervention on your account otherwise it would have been sent in with your statements.

 

Me: Ok then, thats fine. Also I have noticed you haven't cashed my £10 cheque, will it be cashed at all?

 

JT: Yes evenetually it will but we are very busy due to the number of SAR requests from people claiming back their bank charges that we are sending all the cheques off in bulk to the department that deals with that. We aren't a branch so can't cash the cheques.

 

Me: So the cheque will come out at some point in the future?

 

JT: Yes

 

ME: Okay I just want to make sure so I don't emtpy my account and then you take the £10 and I get a charge

 

JT: Giggle, no that wouldn't be good would it?

 

Me: No not really, I've had enough as it is. Thanks for your help.

 

JT: No problem, thanks for your call

 

-----------------------------------END-------------------------------

 

Sadly I don't have any recording equipment and I suppose I could have asked for that in writing but am going ahead to ask for the amount I have calculated back now anyway.

[fallen404]

Best of luck with it, Cheddar! Weird that after all that effort to speak to her, she turned out to be fairly nice...

[cheddar]

I know, I think she was havng a bad day the last time I spoke to her. She was super nice this time!

[cheddar]

Well have sent Preliminary letter today....still worried about the Manual Intervention part of it. I think I will write another letter to Joyce Tudor and say that I want her to put the above call into writing by basically stating that there has been no MI on my account in the past 6 years.

[cheddar]

Usual response from Mr Higley came today (am impressed, very fast indeed). '...charges are fair, reasonable and transparent...' etc etc

 

LBA being typed up now.....ARRRGGHHH!!! Have run out of paper! Oh well, trip to the shops for me!

[cheddar]

Okay thought I would update as I've had some time off! LOL! Got a response to my LBA very short and sharp and to the point now, just send claim to reg office.

 

Ok I will! LOL!

 

But I have one question, i am nervous of getting ay of this wrong as I can overlook things sometimes. I won't need to pay for my court costs so can I fill in and print my N1 and take it with me with the exemption form and my proof and sort it there and then? Also on the N1 form i have the template for particulars of claim but where it says Claimant do i need to put my address there as well? Also is it Natwest or RBS I am taking to court? And finally (LOL) where it says value shall i split it into £2149 charges and £xxx interest or lump it together?

 

I have looked on the site/forums and the courts site but can't quite get a specific answer to this. How brief can my 1st details of claim be? How about 'claimant is asking for £xxxx of charges back from Natwest????'

 

Sorry to go on but i really want to get this right.

 

(I also need a mod to change the title of this thread for me as it doesn't really reflect what i'm on about now! LOL!)

 

Thanks

[fallen404]

Like that, you mean?

[cheddar]

No hun the actual title so it reads as cheddar Vs Natwest thread rather than my massive waffle title about dpa!

[fallen404]

Edit the first post?

[cheddar]

Okay thought I would update as I've had some time off! LOL! Got a response to my LBA very short and sharp and to the point now, just send claim to reg office.

 

Ok I will! LOL!

 

But I have one question, i am nervous of getting ay of this wrong as I can overlook things sometimes. I won't need to pay for my court costs so can I fill in and print my N1 and take it with me with the exemption form and my proof and sort it there and then? Also on the N1 form i have the template for particulars of claim but where it says Claimant do i need to put my address there as well? Also is it Natwest or RBS I am taking to court? And finally (LOL) where it says value shall i split it into £2149 charges and £xxx interest or lump it together?

 

I have looked on the site/forums and the courts site but can't quite get a specific answer to this. How brief can my 1st details of claim be? How about 'claimant is asking for £xxxx of charges back from Natwest????'

 

Sorry to go on but i really want to get this right.

 

(I also need a mod to change the title of this thread for me as it doesn't really reflect what i'm on about now! LOL!)

 

Thanks

 

Sorted the title, am bumping to see if anyone can help with my questions. Have done another search tonight and still can't find the answers. Sorry if being thick...

[Seminole]

But I have one question, i am nervous of getting ay of this wrong as I can overlook things sometimes. I won't need to pay for my court costs so can I fill in and print my N1 and take it with me with the exemption form and my proof and sort it there and then?

I believe so but ring your local court and check with them first or alternatively go along and see what they say.

Also on the N1 form i have the template for particulars of claim but where it says Claimant do i need to put my address there as well?

Yes, and a contact telephone number may be a good idea as well.

Also is it Natwest or RBS I am taking to court?

Assuming that you opened the account with Nat West, it's National Westminstar Bank plc

And finally (LOL) where it says value shall i split it into £2149 charges and £xxx interest or lump it together?

You lump it together

 

I have looked on the site/forums and the courts site but can't quite get a specific answer to this. How brief can my 1st details of claim be? How about 'claimant is asking for £xxxx of charges back from Natwest????'

I use "Repayment of amounts charged by the defendant to the claimant for purported breaches of a contract to supply current account banking services in contravention of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law. "

[cheddar]

Oh you're a little star seminole, ta very muchly! Am off into town tomorrow after giving them a ring!

[cheddar]

Filling in N1 now shall i add my other half as it is a joint account? I think we both have authority on the account but remember when i asked for DPA they said my hubby had to put it in writing too.......

 

Also where it mentions in the particulars of the claim where you enter the date it was opened I opened it when i was about 9 years old and it just got upgraded from there really so can i just put approximately 1988?? And where it asks for the sum of £xxxx and any interest charged thereon; what do i put in the xxxx the amount of charges or the full amount (charges+interest)?

 

And where it says A list of the charges applied is attached to these particulars of claim. Can I send the list of charges off the excel spreadsheet?

 

One last thing can i print out these forms in black and white as i don't have a colour printer? sorry to go on! LOL!

 

Thanks

[cheddar]

Anyone?

 

TIA

[cheddar]

Sorry I feel really cheeky for bumping but it is the only thing I need to know so I can send off my claim form, I am not adding my husband as it doesn't matter and couldn't get a clear answer from Court Clerk re being able to send B&W copy of the N1, they are either out or terribly daft at my courts!

 

Many Thanks in advance to anyone who could spare a quick glance at this.

 

Thank you.

[katesage]

Hi Cheddar

 

Been trying to work out your q but i think i must be missing something .....

where you say the sum of XXXX and any interest charges thereon, where exactly is that. i cant see it on my N1 samples.

Is that the bit your stuck on or am i being dense.

i've got patricia pearl to hand + all my law books but i think i'm being dense!

 

will help if i can

 

k:rolleyes:

[cheddar]

Thanks ever so much Katesage, on the template for Particulars of Claim - Hard Copy Version it says this:

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon;

 

3 - insert sum

 

So was wondering if i put the amount or the amount plus charges.

 

Sorry for all the questions though, i don't want to mess it up. Would it harm anything to add my hubby to the claim? It has been a joint a/c for about 3 years now.

 

Thanks!

[Janet-M]

did you mean the amount and the amount with interest ? it's the amount as you also add a paragraph saying you wish to claim the interest ..can't remember the exact wording but if you can't find it just ask again .

Don't ever worry about bumping your thread as as you are aware we are really busy so prefer you to bump it if we miss it , that rather then post it again in another thread

[cheddar]

Thanks had a look round and can't find but sure i have seen it before! Gosh my eyes need a rest! LOL!

 

So how do i word it then? Sorry to mither!

[katesage]

hi cheddar

 

sorry for delay, found this

 

The claimant claims interest under

section 69 of the County Courts Act 1984 at

the rate of 8% a year from 1.1.2003 to

17.04.2006 of £112.43 and also interest at the

same rate up to the date of judgment or

earlier payment at a daily rate of 0.31.

think it roughly forms the additional paragraph you need to add to claim the interest. not sure if you need the orange bit?

my pc keeps crashing!

 

hope its a start at least, there must be other examples out there?

kate:)

[katesage]

also this was on fredfunks thread, the end bit represents the interest paragraph bit. it hasnt been checked by a mod but sounds pretty good to me?

 

 

Quote:

 

Claimant has had a contract with the Defendant, which is conducted according to its standard terms and conditions, since 1986. Claimant is claiming the return of money taken by the defendant in the way of charges over the last six years, plus the interest it has levied on these charges. The Defendant'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 Contract 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. Claimant has repeatedly asked the Defendant to justify its charges but it has declined to do so. Claimant has had a contract with the Defendant, which is conducted according to its standard terms and conditions, since 1986. Claimant is claiming the return of money taken by the defendant in the way of charges over the last six years, plus the interest it has levied on these charges. The Defendant'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 Contract 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. Claimant has repeatedly asked the Defendant to justify its charges but it has declined to do so. The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from June 2000 to June 2006 of £1,166.17 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.022%.

good luck:)

[cheddar]

LOL! Yep I just foudnt that too plus there is a link to the courts service site to work it all out. Okay so any answers to my other questions? LOL!

 

Is there any harm in adding my other half?

 

Where it says there is a list of charges attached (as this is a hard copy) do i attach the spreadsheet?

 

Is black and white ok to hand into the courts, no one there could answer me!

 

Thanks. x

[katesage]

As you are going to the court in person you can.

 

a/ check at the desk if they accept black/white. if not you'll have to fill in a new form on the spot, just copying from your printout.

b/ check if you need to add your husband, probably not but it doesnt hurt to check

c/ yes, the spreadsheet is attached as a hard copy. take at least three copies with you.

I believe other pertinent documents eg letters and copy of contract can also be added, but the spreadsheet should suffice.

 

they are usually very helpful at the court office.

good luck!

k:)