Neofang2k Vs Natwest

[neofang2k]

Hi All, i'm in real need of some help.

 

i started the claim against the Natwest on 26/04/07, asking for my statements.

 

the bank responded by sending these to me. after i calculated the charges to a massive £4019.64 inc intrest i sent another letter to the bank asking for the money back.

 

i had no response so sent another letter asking again and threating them with court action.

 

still nothing, so now i decided to take it to a small claims court. the Bank decided to Acknowledge the claim which gave them another 14 days.

 

right at the last minute they have decided to defend the claim and i am waiting on a court date.

 

i'm getting a little scarred now and don't really want to lose and owe the bank any money. i have had a letter form there soloicitors as well but the letter makes no sense as they are using some very techincal words.

 

can someone please give me some advice on what to do? do i need to call the bank to try and work this out?

 

many thanks

[bram stoker]

Hi - forget the bank - you are going to fight this in court unless they pay - they'll pay (right at the last minute).

 

Prep well for the fight. If you are prepared there is no worry.

 

Read all this http://www.consumeractiongroup.co.uk/forum/#libraries-bank-charges-materials

 

Your next step is this.. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

I've never got to this stage, but others have and will help you. Best of luck.

[neofang2k]

Hi all again, i have brought in the letter from the banks solictors. from what i can gather i need to get a response to them within 14 days. the letter is dated the 15th June. here is what is says

 

1 - This defence filed and served without prejudice tot he right of the defendant to apply for summary in respect of and/or to strike out the particulars of claim.

 

2 - If (which is denied) the claimant proves the allegation that the defendant debited charges tot eh claimant's back account, insofar as such charges were debited on the date or dates more than six years prior to the issue of this claim, any remedy in respect of the same, whether damages, restituation or otherwise, is barred by the operation of the Limitation act 1980 and/or the doctrine of laches and the defendant will apply to strike out this aspect of the claim and/or summary judgment

 

3 - The defendant is embarrassed by the lack of particularity pleaeded in the particulars of the claim to the extent that the particulars of the claim fail to disclose reasonable grounds for brining a cliam against the defendant. in particular of the claim do not disclose and legally recgnisable claim against the defendant.

 

4 - the defendant invites the claimant to remedy the above. in the event that the claimant fails to do so within 14 days of the service of the defence the the defedant will apply tot eh court for an order striking out the particulars of the claim

 

5- the defendant reserves the right to please furhter to the particulars of claim once and if the claimant properly particularises the same. in the meantime, it is denied that the claimant is entitled to the relief claimed or any relief as pleaded at all.

 

 

please can i have some help i do not know what to do next or what much of this means.

[steven4064]

Hi neofang

 

This is the usual Cobbetts rubbish that they send everyone. What does it mean? It means they are trying to intimidate you with legal sounding gibberish!

 

Here's what you do. You punch holes in it and put it in a file. Otherwise you ignore it. THen you send a very biref letter to Cobbetts with your schedule of charges attached (NatWest never bother to send them so the poor dears don't really know what's going on - that's why they are embarrassed - or ought to be!). Your letter should quote your claim number and bank account details and say something like

Dear Sir/Madam

 

Please find for your information a copy of the schedule of charges I am claiming.

 

Yours sincerely

 

neofang

You don't need to send anything else or answer any questions unless the court tells you to. If they do, post here and we'll help you.

 

Steven

 

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Any opinions are without prejudice & without liability.

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[neofang2k]

Thanks ever so much, i just got off the phone with Cobbetts, they said exactley the same thing, i was supprised at how helpful they were.

 

thanks for the advice i will let you know how i get on.

[wellyboot]

Mine has been going since March amd I have just had my court date for August, the £3k they owe me is keeping me strong, I just keep thinking of that sun kissed beach with the proceeds.

[neofang2k]

Hello all, a letter from Natwest turned up this morning offering £3035

 

i was orginally claiming for £4165, what do you think i should do?

 

i was thinking about calling them and saying that i would like this plus the £125 for the court fee's?

 

do you think i should ask for any other money? any advice would be much appreciated

[wellyboot]

I would hang in there, I offered them 90% and they rejected. Have you had your court date yet?

[hedgey06]

Hi neofang, if the amount they've offered is your full charges (minus 8% interest) - you need to decide what you want to do (accept or reject and wait for them to add on the court filing fee as well). send them a letter rejecting their offer http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html l Adapt the letter to say you'll only accept a refund of all charges - plus the court filing fee, and continue with your claim whilst you await a response.