uk_joe v NatWest ***WON***

[uk_joe]

Hi,

Having read through several pages of forums and the FAQs, I'm getting ready to go on the offensive with my bank. Really impressed with amount and quality of information here btw

 

Quick question which I'm sure someone can help me with:

I have pretty much all my current account statements from the last 6 years stashed away at home. Previously I have (pleading poverty) had a couple of charges reimbursed, either in full or in part.

 

When I submit my claim I want to make sure that I'm only claiming for charges for which I have not already received a refund - should I send the bank £10 and ask for full copies of statements sent to me, or will these essentially be copies of what I have at home? Or do I need to go through my statements and work out which refunds from my bank tie in with which charges? I'm guessing the latter so I can submit an accurate spreadsheet of outstanding, non-refunded charges.

 

Thanks in advance

Joe

[mahala]

if you pay the £10 fee for a DPA request you may not receive copy statements. Some banks seem to send copy statements, others send computer print outs of transactions. Either way, if you have all your statements there already, you have the information you need to ahead. Getting the info from the bank will still mean you have to trawl through the info manually to find the charges.

 

However, a DPA request will be of benefit to you still, because you can ask them give you detials of any manual intervention on the account. It is likely that they will not provide anything, but then you can show a court that you asked, and they had nothing to give you (therefore likely showing their charges are not an accurate reflection of costs).

 

Good luck!

[caro]

Personally I would go through and work out which were refunded and when as it will affect the calculation of charges and interest.

[Yorkyclaims]

Personally I would try to recover the whole amount.. The bank will tell you quickly enough that they have already reimbursed xxxx amount of charges, then plead ignorance. This shouldn't delay the claim

 

Let them do the work for once.

[Bookworm]

I disagree with previous poster. If you do this, you are giving them the impression that you can't even work out your sums properly. Which means you're one of the easier targets for intimidation and bluff.

 

Do your maths properly, let them know you're in control. Better chance of success.

[caro]

I guess you could do that, but if your claim is inaccurate it could go against you at a later stage. Let's face it we are fighting the banks for being unlawful, and this is not entirely honest. Depends on your point of view.

[uk_joe]

Do your maths properly, let them know you're in control. Better chance of success.

Let's face it we are fighting the banks for being unlawful, and this is not entirely honest.

Agreed - I don't want to be pulled up on a technicality and risk losing my entire claim (probably about £4K I suspect). Besides, victory will be all the sweeter when I know that I've been honest, and still got my money back! Thanks all for advice so far, all useful stuff

 

And thanks Mahala - good point getting details of any manual intervention (or lack of) with a DPA request.

 

Will be sending a DPA request of this week and will keep this thread updated.

[caro]

Good luck and welcome by the way.

[uk_joe]

RE: parachute bank account. Should I try and get this sorted before I do anything relating to a claim with my bank? I'm about to send off my DPA request letter but wondered if I should wait until I get another bank account sorted before I do this. Bit worried in case just receiving the DPA request prompts them into closing my account!

 

Cheers

[katesage]

hi joe

 

i'd get onto it straight away but do send off your dpa stuff now because i dont think any bank has yet to close an account because someone requests their dpa data. Theyve got 40 days max but will probably reply sooner.

its the moneyclaim bit etc that they start getting huffy. some people have received threatening letters calling in overdfafts etc at the request for repayment letter stage. but its just another scare tactic, i mean they cant force you to pay it off if u dont have the money.

 

good luck

kate:)

[caro]

Not sure about that, but they could do some serious to your credit rating.

[uk_joe]

Cheers both, for rapid responses

Am going to town at lunch to send request off by recorded delivery then. Wouldn't hurt to scope out some banks at the same time too.

 

Joe

[uk_joe]

Calling all\any Mods

If I were to ask nicely, is it possible to change my username?

 

EDIT (17th June): Thankyou wonderful mods, both for threadmerge and username change

[uk_joe]

Thought I'd start my David v Goliath blog today, though nowt to report as yet.

 

Phoned customer service last week and received 6 years worth of Statements this morning. Worked out that I've had £3483 in charges over last 6 years. First time I've ever looked through my statements and been happy to see charges on there

 

Prepared prelim letter ready to send off on Monday to Borehamwood address.

 

DPA letter, sent last week, still not been signed for according to post-office website, though not too surprised as this seems to be a fairly common theme!

[barracad]

Good luck with your claim.

 

If you would like to change your username, PM me and let me know what you want it changing to.

[caro]

Hey UK Joe, I've just noticed we are from the same neck of the woods. First time I've noticed anyone else from Warwickshire here. Not from a certain Royal Spa town by any chance are you?

[uk_joe]

Hey Caro,

 

I certainly am! From good ole Royal Leamington Spa . I live in south town (south of the river that is) if you know the place at all (sounds like you do).

[caro]

Born and bred. I am in a village just to the north of the town so probably 10 minutes away. When I started this, there was a survey showing where people are from, which I completed, and the nearest was Birmingham.

 

When we bought our first house (1982), our mortgage was with Nat West and they insisted that we did all our banking with them (hmm wonder if that is allowed now; what's the statute of limitations ), but within about 3 years we moved mortgage and bank accounts. Now my parachute account is with them. Ironic or what?

 

Anyway, nice to meet you, and if you need any help from a fellow Leamingtonian I will do my best.

[uk_joe]

Nearly 2 weeks after sending my Data Protection Act request letter, and it still hasn't been signed for according to the postoffice website. I've just phoned up the post room at 135 Bishopsgate, who were most helpful. The chap I spoke to tracked down my letter using the recorded delivery code and told me that the letter had been received and passed onto the relevant department within NatWest. I mentioned to him what it was all about, and he wished me best of luck!

 

Bit odd that the letter has been delivered yet no signature was taken - worth taking up with the post office? Maybe I could get my 60pence back from them

 

I've also had the standard response with respect to my preliminary letter requesting a refund, so I'll give it another week and send my LBA off.

[uk_joe]

I have been somewhat confused about the interest issue (claming back interest on overdraft charges being different from the 8% added on if the case reaches court).

 

My claim is for £3601. I have already sent a preliminary letter and an LBA to the bank for this amount. Using Vampiresses spreadsheet, I worked out that the interest on all these charges (over a 6 year period) was about £650. I had thought that this was the interest I would add on if the case reached court, and so hadn't mentioned in these two letters. I now realise (correctly?) that I can claim this overdraft interest back with my initial claim, and then add on a further 8% when it reaches court.

 

Should I begin the whole process again, sending the preliminary letter and LBA back to NatWest with the revised figure or £3601 + £650, or is it ok to begin my moneyclaim case with the new amount?

 

Apologies if this is confusing, but its confused me!

 

Cheers!

Joe

[uk_joe]

Quick question re: Moneyclaim

 

I'm preparing to submit a claim via the moneyclaimgov.uk website later this week. I notice in the step-by-step guide, it advises to submit a summary of charges with the claim.

 

At the moment, I have used Vampiresses spreadsheets (the easy one!) to calculate the total of all my charges, plus the 8% to be added on when I begin the court claim. Is it ok to submit my excel spreadsheet as a summary of all my charges, or should I use an alternative format?

 

Any advice gratefully received!

Cheers

[Michael Browne]

You can't if you file online, only if you use the N1 and file by post or in person, but you can send a copy with the allocation questionnaire if it gets that far.

[uk_joe]

Ah, thank you!

 

The bank already have several printed copies of my summary of charges anyway. Just have to wait and see how far they want to take it once I begin my moneyclaim.

 

Cheers again

[uk_joe]

Well payday has arrived which means I now have the funds to begin my moneyclaim. Not being the articulate sort, I've half-inched the text for my particulars from various other threads. I've been reading through the various acts quoted in the details below (quite eye opening) in order that I don't get caught out on a technicality.

 

My particulars of claim:

Claimant has account (Account number: XXXXXXXX) with Defendant from September 1993 conducted on their standard terms and conditions. Claimant is claiming the return of £3629 taken by Defendant in charges over 6 years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 07/11/2000 to 04/08/2006 of £649 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.80

 

I would be grateful for any comments, suggestions or criticisms of the above

In the meantime, I'm going to read through the various acts quoted again, and carry on reading the forums.

 

Thanks in advance!

[VeryTrying]

'Claimant has account (Account number: XXXXXXXX)'

 

Change 1: add your sort code as well to save Cobbett's pretending they don't know anything about you, or your account

 

'with Defendant from September 1993 conducted on their standard terms and conditions. Claimant is claiming the return of £3629 taken by Defendant in charges over 6 years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.'

 

'In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. '

 

Change 2: add something like: Defendant has declined justification of charges despite written requests.

 

'The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 07/11/2000 to 04/08/2006 of £649 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.80'

 

Apart from those two suggested changes, it's exactly the same as mine - which has worked out fine.

 

Do your MCOL over the weekend and it will be issued by the Court on Monday. Good luck!