My claim so far..

[cmf]

So i requested my statements and recieved them about 2 weeks ago, didn't do much for a few days with them, then i recieved a letter from Natwest saying they were looking into it my claim for charges (i only mentioned it on the phone, no letter sent).

 

Then on Saturday i recieved another letter offering me £410, remember i havn't actually written anything to Natwest yet.

 

So i calculated my charges, subtracting any refunds and i came to the amount of £1300.

 

I rang Natwest to speak to the lady who was involved with my claim, she wasn't there, but i let them know i was declining the offer. They told me it means that my complaint is being escalated to the next level of complaint, i told them i'll be putting my decline of offer in writing aswell as my outline for my claim.

 

I've just got the prelim letter template and edited it accordingly, also adding a paragraph about this offer.

 

Thank you for the letter received from yourselves dated 08 June 2006. This letter out lined an offer made to me of £410 in total. I would like to formally refuse this offer. My reasons for refusing this offer are that I still feel that your grounds for bank charges are unlawful and I will be claiming the full amount back.

 

Now should i be using the prelim letter, or should i be using the next one in the steps, i'm unsure which to use?

 

 

Also i'm unclear about claiming interest, i do have the amount calculated (about £130 extra) should i tack this onto my claim (even though i told the bank on the phone i was claiming just for charges)?

 

Any advice/suggestions/support is greatly appreciated.

 

Thanks and many regards

cmf

[jonni2bad]

Hi and welcome aboard

 

You are right to send the Prelim, and amending it slightly is no problem at all, although I would advise that in this part you actually accept this payment - but only as a partial settlement - and that you will be claiming the full amount.

 

Interest - are you referring to the 8% on each charge from the date incurred? If so, this should not be mentioned until court proceedings.

 

If you are referring to overdraft interest on your account which has been caused solely because of the charges imposed, then you could claim for this now. I doubt if it is the latter as this figure would be much lower. It can be very difficult to work this part out if the statements do not show it separately.

 

Hope that explained it well, best of luck.

 

Keep us posted and don't be afraid to ask anything you can't see answered elsewhere.

[cmf]

Ah, ok, thanks for the info on the prelim, that can go off today.

 

In the letter with the offer it mentions acceptance will be "full and final settlement of claims relating to charges", can i accept this as a partial settlement an push on, if so, should i just put this in the letter, or should i ring back and say it's in partial settlement?

 

The interest is the 8% APR thingy, so i should remove that part and keep it to myself for if it gets as far as court?

 

i'll remove all references to interest in my letter now.

 

Thanks for the speedy answer and advice, much appreciated.

[jonni2bad]

You can add your own text to the Prelim - possibly as follows;

 

Thank you for your reply dated XXXXX. I respectfully decline your offer of settlement as full and final, although I am prepared to accept this as a partial settlement whilst I continue with my claim for the full amount.

 

Remove any reference to interest if you are not claiming the overdraft interest.

[cmf]

Done, thanks, will keep this updated as things progress.

 

Also, which dept should i send this to, customer lending (all letters have coem from them so far) or customer services?

[jonni2bad]

eenie meenie minee mo.......

 

Customer Services will do.

 

If you get a reply from elsewhere, then use that dept / address for the next stages.

[nagumos]

I too have just sent off my letter including the £10, I only sent it off on Friday, so I wish me luck.....

[cmf]

Here's to hoping you get it all.

 

I just rang up and requested statements, they only charged me £5 for each statement (6 years) however some pages were duplicated (got 3 copies of some) so be weary of that, wonder if it's a ploy of their's to put people off going through a massive pile.

[cmf]

Ok,

 

Got a reply from mr Stuart Higley in Customer Relations:

 

Basically siad they can't trace copies of my 1st letter, doesn't know who refunded the original £410.

 

Goes on to say they idsagree with the OFT findings from 5/4/06 wrt credit cards and other products such as current accounts.

 

They say the charges are fair and what was outlined in our agreement.

 

Sya no instance where i've had no unfair charges and goes on to say that his independent review indicates he feels that the charges shouldn't have been refunded.

 

He finally then goads me into legal action by saying that he is disappointed that i am considering legal action and gives me teh head office address ot file claims agains them.

 

However the letter doesn't mention taking the current payment of £410 from us (it's been in our accounts since the 8th). Am i safe to spend it and it to still be taken as partial payment as mentioned earlier in the thread?

 

Thanks

cmf

[jonni2bad]

I think you should consider it partial settlement until proven otherwise.

[cmf]

Ok, so back ot sending eltters, which letter do i now need to send after initial reply to prelim letter? just looke din the template section but couldn't figure it out?

 

Thanks

[katesage]

Letter Before Action is the one you need next. Giving them a 14 day notice period to return your money or you shall commence court proceedings.

 

Good luck

[cmf]

Okies, thanks.

[cmf]

Ok, time to revive this thread, i sent the LBA, but after that i didn't got to teh next step of the actual claim.

 

I have a few queries before i begin this again, will my long length of time since my previous letter cause any issues with my claim?

 

Has the procedure changed recently at natwest, is it still the same situation as a few months ago?

 

Also, i'm a student working a part time job (less than £5000/year), do i still have to pay the court costs?

 

Here's hoping i can bring the claim back to life and still get what's rightfully mine!

 

Many Thanks

 

Lou

[cmf]

Any suggestions?

 

Also will the fact i accepted a refund earlier, but told them i was accepting it as a partial payment effect my claim?

[saint-luco]

i think you have given them enough time to answer your lba, so its time to start court proceedings

[cmf]

Any word on if i have to pay the initial fees even if i'm a student working part time? I searched the moneyclaim site but no luck.

 

Cheers

[Deller]

No need to start again.

Before you start the court line though, you may like to use the letter below. The worst that can happenis that you will only have lost 7 days.

 

 

Dear Sir

 

Thank you for your letter dated xx/xx/xx from xxxxxxxxxx.

 

It is clear from your letter that you are under the impression that I will not issue a claim against you for the return the unlawful bank charges debited from my account.

 

I am writing to inform you that this will be the next stage unless I receive full payment in the next 7 days of the £xxxx detailed in my previous letter to you.

 

However, please accept this correspondence in accordance with my duty under the Civil Procedure Rules to continue to pursue a settlement without the need to invoke the time of the courts

 

If you do not intend to defend your charges in court, but hoping that I will "just go away" I should to point out that this will not happen and you will incur further costs against you.

 

Take note that I will draw the Court’s attention to the fact that you have not made any attempts at settlement in accordance with the overriding objectives of CPR. Furthermore I will submit this letter to the Court as further evidence of your intransigence with my case despite my attempts at settlement and the settling by your company of all other similar claims to date.

 

Alternatively, in accordance with the overriding objectives of the Civil Procedure Rules I would like to give you the opportunity to settle this issue without the need to take the time of the Courts. My claim is for £xxxx. If you could ensure that this sum is paid into my bank account within seven days I will inform the court that this matter is settled. If you wish to pursue this course of action please telephone me to obtain my account details.

 

Please do not waste any further time with something you do not intend to defend.

 

Yours sincerely

[Guest littlesally]

The letter can not be used if you want to claim the interest. Worth remembering if you are making a large claim.

 

Sally

[Deller]

Where have I claimed it was my letter??

[Rooster-UK]

Deller!!

Again you are taking credit for a letter that is not your's.

Where has he taken any credit for it?

I don't mind it being used at all but please don't try to make out you wrote it! It was myself and Hagenuk.

Where has he claimed that he wrote it?

I hope your scales do not get clicked for giving it out, as you've never clicked for it.

I've clicked for a useful post.

Sally

 

Sally, you have it completely wrong.

I have read Deller's post from start to finish. NOWHERE in that post does he claim any form of ownership or credit for it. He has taken a letter that has been posted on the forums and therefore is in the public domain and introduced the letter to CMF.

Please do not make accusations that you cannot substantiate.

[Deller]

Thanks for the support Rooster, and the click on the scales, I was just a little annoyed that it was complained about in five places, I was only trying to help.