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Jade Vs Natwest


jadebarton
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welcome and good luck!:)

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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yepp good luck

Advice & opinions given by Woolfie are my own, and are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 3 weeks later...

hey there everyone.

well from what ive seen on natwest threads natwest are very difficult and dont give in that easily. I sent dpa off and was thinking i may have to write another letter but all statements from the last 6 years were received today.

In a ripped open envelope i may add. I mean they should know that that many statements are heavy and not to put them in a normal envelope. But hey they were all present and correct.

 

I have worked out that they owe me £888 in charges... more then i had thought. Its amazing when you look over statements and see exactly how many times you have been charged and for small amounts too.

Anyhow to the point. I have filled out my Preliminary letter and i am sending it out recorded delivery today...the ball is rolling

thats all for now.

 

thanks

 

Jade :-)

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  • 2 weeks later...

here is the reply received from natwest from my preliminary letter:

 

dear miss Barton

 

thank you for your letter of 29th June 2006 and i apologise for any dissatisfaction caused by the application of charges to your account

 

we belive that our charges are fair, reasonable and transparent. We consider that the amounts debited to your account has been applied strictly in accordance with your agreement with us and our published tariff, which we are satisfied, complies with all applicable laws and regulations. We are also commited to ensuring the transparency of the information that we give to our customers about the operation of our products.

 

We have considered the office of fair tradings statement of 5 april 2006 and do not accept its finding in relation to the setting of credit card fees. we are concerned that the office of fair trading had publicly called into question the setting of charges applied to other products, including current accounts. The office of fair trading has restricted its investigation to credit cards and made no attempt to consult with the RSB group or the industry in realtion to other entirely different products.

Consequently, against that background, we must differ with the views you have expressed and will not be refunding any of the charges applied to your account.

 

having reviewed your account, i can find no instances where charges have been applied when they were not properly due. They have all benn associated with a lack of funds in the account at the time items were presented for payment. Accordingly, the charges that have been aaplied to your acount should stand.

I am disappointed to note that you are contemplated legal action aginst the bank. Whilst i hope you will fee able to reconsider, should you decide to go ahead please ensure that any proceddings are served on our registered office address which appears at the foot of this letter.

I suspect that this is unlikely to be the answer you might have hoped to receive but nonetheless thank you for taking the time and trouble to contact us.

 

Yours sincerely

 

Stuart Higley

 

 

 

************* sounds scary. Feedback required. Anyone else had the same letter???

Have the OFT only limited their investigation to credit cards??

Should i go ahead and send the LBA??

 

look forward to hearing from you..

 

Jade :-)

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Stick to the step-by-step guide and don't be put off by anything they say.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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hi there, thanks for your reply. I shall send the LBA letter. Is there anything i should change in the letter apart from disappointed in your response rather then failure to respond.??? Something i could add in answer to their statements made in letter??

It states that any legal proceedings should be addressed to the registered office. Should i send the LBA there? or still to stuart Higley.

Also it doesnt give a name to address it to at the registered office.

 

thanking you in advance

 

 

Jade :-)

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Stick to the standard LBA no need to add anything other than the amendment you suggested.

 

I would personally carry on dealing with the same person at the same address.

 

There is no need for a name of somebody at the Registered Office - you have to issue legal proceedings against the bank, not a named employee.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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No need to send it Recorded - just an ordinary First Class stamp will do. You don't need to obtain Proof of Delivery.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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  • 2 weeks later...

Hi there, well i got a reply to my LBA letter.

 

:

 

Dear Miss Barton,

Thank you for your further letter of 8th July 2006

In your letter you have claimed that we have been acting as your fiduciary, yet i am unsure of the basis of your contention. This does not form part of the normal banker/customer relationship.

I am sorry that we have reached this postion but i regret that there is little that i can add contructively to my last letter and i note your proposed course of action. I have alerted our lawyers and litigation department accordingly. May i please remind you that the address to use when initiating legal documents is that of our registered office 135 bishopsgate london EC2M 3UR.

 

Thank you for letting me know of your intentions.

 

Stuart higley.

 

 

******* firstly can anyone explain there first paragraph to me. It seems they are a bit confused. and secondly can anyone advise me of the ins and out of the moneyclaim claim. as i have looked at some threads but it is still a little confusing.

and also so when it asks the name and address of organisations can i put the address they gave me now??

 

oh and the 8% interest thing.... thats interest on all the charges since the day they were imposed right??

 

thanking you in advance.

 

 

Jade :-)

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Don't worry. I got EXACTLY the same letter as you yesterday.

 

Wait for the 14 days to pass and then file a moneyclaim.

 

Mine will be on Monday.

NatWest:

6/6/06 - Data Protection Act sent - £10 paid.

8/6/06 - Data Protection Act & £10 signed for.

29/6/06 - Statements received.

30/6/06 - Prelim letter £1397.94

11/7/06 - Prelim letter rejected

12/7/06 - Sent LBA

18/7/06 - LBA Rejected

24/7/06 - Moneyclaim £1779.56

31/8/06 - AQ Received

1/9/06 - Sent AQ + £100 (New Total: £1879.56)

16/9/06 - Received Cobbetts AQ

19/9/06 - Offer £1000 (Rejected)

22/9/06 - Settled in FULL £1879.56 (with disclosure)

Capital One:

6/6/06 - Data Protection Act sent

1/9/06 - Settled in FULL £775.37 (Default NOT removed)

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Just about! If I run in to any problems though I can always come to this forum for help! :)

 

I got one Monday for NatWest and i'm waiting for an LBA response from Capital One, who knows, there might be one waiting for me when I get home tonight?

NatWest:

6/6/06 - Data Protection Act sent - £10 paid.

8/6/06 - Data Protection Act & £10 signed for.

29/6/06 - Statements received.

30/6/06 - Prelim letter £1397.94

11/7/06 - Prelim letter rejected

12/7/06 - Sent LBA

18/7/06 - LBA Rejected

24/7/06 - Moneyclaim £1779.56

31/8/06 - AQ Received

1/9/06 - Sent AQ + £100 (New Total: £1879.56)

16/9/06 - Received Cobbetts AQ

19/9/06 - Offer £1000 (Rejected)

22/9/06 - Settled in FULL £1879.56 (with disclosure)

Capital One:

6/6/06 - Data Protection Act sent

1/9/06 - Settled in FULL £775.37 (Default NOT removed)

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