Jump to content


NATWEST DEFENDING - PLEASE HELP B4 4th JULY!!


lou2804
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5190 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

After trying to reclaim my charges back from Natwest, and them not responding, I then proceeded to take them to court, where on the 21st June 2007 I received a defence letter from their solicitor which they have filed to the court, which i must respond to before 4th July.

Its broken down into 2 sections 1 = The Defence & 2 = Request for further information.

However the way they have worded the document is a bit double dutch to me, so just wanted a bit of guidance.

 

I have already sent Natwest a breakdown of all the charges under categories, such as; Unarranged Borrow Fee, Paid Referral Fee, Card Misuse & unpaid DD/ Items, showing the date and charge and which statement they relate to.

 

Primarily the section i am concerned about is as follows; (copied from their solicitors defence letter).

 

THE REQUEST

 

1 In your claim you state: "the defendant debited numerous charges from th eClaimants account".

 

2 Please\provide the following particulars in support of your claim:

2.1 To what account(s) (giving details of the account name, number and sort code) where the charges applied.

2.2 In relation to each charge please identify (a) the date when the cahrge was charged; (b) the amount of the same; and © the reasoon(s) given for the charging of thesame.

2.3 In relation to each charge, please clarify the following: (a) is it the case of the Claimant the same should not have been charged? (b) If Yes; please explain why the Claimant contends that the same should not have been charged? © if no; is it the case of the Claimant that the same should not have been charged in this amount? (d) if yes; please explain why the claimant contends that the same should not have been charged in this amount and identify the sum the Claimant contends should have been charged. (e) if no; please state the Claimant's case.

 

3. In your claim you state that the charges are "an unfair penalty under the Unfait Terms in Consumer Contracts Regulations 1999". Please specify all of the facts relied on by the Claimant in support of the contentions in paragraph 3 above, and in particular please identify the regulations of The Unfair Terms in Consumer Contract Regulations 1999 ("the Regulations") relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable.

 

 

I would really appreciate some help with the above as i am worried and scared, and unsure as to how best to respond.

 

Really hope you can help,

Link to post
Share on other sites

I have moved your thread to the Natwest forum.

 

This sounds like a CPR18 request.

See these links:

http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/55874-letter-court-re-cpr18.html

 

I've no experience of this request, but there are many here who can help you.

[

Link to post
Share on other sites

Hi Lou, welcome on board the nat west forum!

 

Send cobbetts the 1st letter posted above by Vampiress, plus the letter to the court (2nd link). You don't have to respond to the CPR18 unless ordered to by the court - but by sending them the letter (plus a copy of your schedule of charges) you'll more than cover what they're asking for.

 

With regards to your defence, it may be worth going for the slightly more aggressive approach with the Draft Directions order http://www.consumeractiongroup.c o....tionaires.html as opposed to to just completing/returning the AQ. I've just done the same with my own defence (I'm one day ahead of you by the way!!)

 

If you decide on the aggressive approach, post back on here and we can let you know everything you'll need as attachments to your AQ.

 

Hope this helps, hedgey x

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

Link to post
Share on other sites

Hi Hedgey,

 

Thanks for the advice excuse me for being dumb but what is the AQ? I would like any help you can give me so could you let me know what to do if I go down the aggressive route.

 

Best regards

 

Lou

Link to post
Share on other sites

28/2/07

Sent request for repayment of charges totalling £2,800 (I want it ALL back!).

8/3/07

Barclays send sorry your not happy letter

14/3/07

Letter before action sent

25/4/07

Barclays offer £1,790

27/4/07

Thanks but no thanks to the offer sent

28/4/07

Filed with mcol, now looking at a figure of £3,500, they should of paid up when i asked nicely :-D

11/5/07

Barclays acknowledge claim

30/5/07

Barclays defend claim

19/6/07

Received notice of transfer to Northampton County Court and barclays excuse for a defence!!!

Link to post
Share on other sites

Guest Botsy

Hi

My husband has just received the date of his court hearing with NATWEST(14th August at 10.30am at Cardiff County Court), this just happens to be the same date and time as my hearing at Cardiff with Capital One.

 

Does anyone know why this would be? Is it a case of getting as many claims arranged for the same date/time and informing everyone together how their claims are to be dealt with?

 

I don't know if anyone has come across this before or can advise on this, but I would be grateful if you can?

Botsy

Link to post
Share on other sites

I have to say this sounds quite amusing, but is probably just an administrative slip-up. They have probably looked at your surname and thought it is one and the same person.

 

Why don't you give the court and ring and find out if they can sort it out?

 

Cheers

charged-case

Link to post
Share on other sites

I have to say this sounds quite amusing, but is probably just an administrative slip-up. They have probably looked at your surname and thought it is one and the same person.

 

Courts routinely bulk book claims for the same day in blocks of up to 250 knowing that there are only likely to be a handful, if any, that have not settled prior to the hearing date.
Link to post
Share on other sites

Guest Botsy

Thanks for your responses. I did ring the court after I submitted my question, I know I should have done that first!

 

As you say MB they do bulk bookings they told me they have 100 that day, apparently they are expecting a large number to turn up, should be interesting. They also told me if it goes to 'trial' it is not likely to start until next year. Not so good news, but lets hope many have been settled by then, mine included! I can wait.

 

Thanks for your reply charged-case, we live and learn!:oops:

cheers

Botsy

Link to post
Share on other sites

Botsy, could I please ask you to start your own thread in this forum? That way, we can support you with your claim at all stages if necessary. Thanks.

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...