SherborneVNatwest***WON** *

[mandytomlucy]

YAYAYAYYAYAYYAYYAYYYAYAY

 

I got my bank statements, well some of them anyway. They sent from oct 2002 and the account was opened dec 2001, but I have called and they have assured me that the rest are on the way. Finally I can start working out how much they owe me!!

 

I'm going to read the faq again because its been so long since I started this thing.

 

I will let everyone know when I work out how much my claim is for.

 

Regards

 

Mandy:)

[mandytomlucy]

Back again...

 

I am really confused by the spreadsheet, I've worked out the penalty charges but how do you do the overdraft interest charges.

 

I've tried inputting the charge, balance, date etc but nothing seems to come up in the total box? I'm probably doing in completely wrong. But how am I supposed to know what interest is just for the charges as opposed to my whole overdraft?

 

Also (NatwestStaffMember might be able to answer this) a couple of years in to my statement the adv gold fee disappears. Is this charge being lumped into the charge I seem to get each month which varies from £10 to £40 it looks like this on the statement

 

Charge 10Sep A/C 9******5 £**

 

If so how am I supposed to know how much the fee was at any given time so that I can deduct it and not claim for the adv gold fee by accident.

 

Sorry for all the questions I just want to make sure I get it right first time.

 

Regards

 

Mandy

[mandytomlucy]

So I have finally worked out my claim..........

 

£2334 charges

 

£210.37 interest

 

Can anybody tell me if the interest sounds about right as I was not sure about working it all out?

 

So my pre lim letter is going out today.

 

Mandy

[lipscombe]

Hi the interest only comes into play when you put a claim into the court, so you don't need to worry too much at the mo.

 

good luck x

[Fred_Funk]

lipscombe,

 

You're wrong. The statutory 8% interest only comes into play when you submit a court claim. You can ask for the repayment of any interest incurred as a result of the unlawful charges from the off.

 

That being the case, it's entirely conceivable £210.37 is "about right" though I'd recommend using Vampiress' spreadsheet which will do all the maths for you - you need to remember you can only ask for repayment of the interest which was directly attributable to the unlawful charges.

 

Fred_Funk

[mandytomlucy]

Hi

 

I did use the spreadsheet, don't think I could of done those sums without it lol!

 

Got my letter ready to go tomorrow, i'm so excited.

 

Sings "I'm gonna get my money, I'm gonna get my money"

 

mandy

[007coot]

I'm gonna sound really thick now..... what do I need installed on my PC to open Vampiress' spreadsheet? Do I need Excel or something like that?

Thanks

[Guest NATTIE]

mandytomlucy- apologies for my absence but yes NW did lump together the ADGD charges with Unarranged Borrowing. I'm not sure when but for reference, ADGD was £6,then £9,then £10 and recently £12.

[mandytomlucy]

Hi NSM

 

I thought they had, I did work it out in the end and just took the charges off the whole sum.

 

Sneaky of them though.....

[mandytomlucy]

Finally got my letter sent out today, so when it gets delivered on Tuesday (special del) the clock will be counting

 

Let you know when I hear, I'm gonna have the LBA all ready to go for when their time runs out ha ha ha ha ha, well I don't remember them giving me any time to clear a couple of pennies off my overdraft.

 

mandy

[Janet-M]

great Mandy thats the best thing to do , be prepared so you keep to your

timetable

[mandytomlucy]

Got back from camping today to find the usual sod off letter from the now infamous Mr Higley.

 

Quick question do I have to keep to the 14 days until I send LBA or because he's replied can I send it now? I think its wait for the 14 days but just wanted to check

 

Mandy

[mandytomlucy]

LBA gone today!

 

Good lucy everyone

 

Mandy

[mandytomlucy]

Well they haven't answered my LBA at all, no sod off or anything.

 

So I'm off to do my moneyclaim tonight. Is it usual for them to just not bother answering the LBA?

 

Mandy

[Guest NATTIE]

I maybe able to answer this but not on the thread. Money claim is next though so good luck

[mandytomlucy]

Hi Everyone

 

I am doing my moneyclaim form now (well have been since last night) and I just cant seem to get it to fit in. I have used the template and cut all puctuation and spaces out that didn't need to be there but it's still too much. Can anyone take a look and give me an idea where I'm going wrong?

 

I have a contract with the defendant

dated 17/12/02 and which is conducted on

their standard terms and conditions. I am

claiming the return of money taken by the

defendant in the way of charges over the

last 5 years plus the interest they have

levied on those charges. The bank's charges

are a disproportionate penalty and therefore unenforceable as they are

contrary to common law. Further, as a

disproportionate penalty they are 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 then they are unreasonable

within the meaning of the Supply of Goods

and Services Act 1982 s.15. I have repeatedly asked the bank to justify

their charges but they have declined to do

so. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 11/02/02 to

23/08/02 of £525.42 and also interest at

the same rate up to the date of judgment or

earlier payment at a daily rate of £0.11

 

I need to lose about 20 characters,

 

thanks for looking

 

Mandy

[007coot]

This is the one I used and it fitted perfectly:

Claimant has account number ******** with Defendant from 19** conducted on their standard terms and conditions. Claimant is claiming the return of £*****taken by Defendant in charges over * 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. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from (Date of first charge) to (date of last charge) of £**** and also interest at same rate up to the date of judgment or earlier payment at a daily rate of *p

 

hope this helps

[mandytomlucy]

I've got problems

 

I was doing my moneyclaim last night when I looked at my spreadsheets to check my figures and realised that the last letter I sent to the bank with the print out of all the charges and things were wrong!

 

For some reason the spreadsheet only has the figures upto the middle of 2005. I am so sure that I checked it before I sent it off but if thats the figures they've got can I then enter a claim with moneyclaim for the correct amount instead of the amount I told them I was claiming? Or do I have to send a revised LBA to them?

 

If anyone can follow what I'm saying please advise...

 

Thanks

 

Mandy

[Michael Browne]

You can amend your figures (up or down). File for the correct amount, when you know your claim no. send 2 copies of the s/s to moneyclaim clearly marked with your claim no.

[mandytomlucy]

Thanks michael, will do

 

Mandy

[mandytomlucy]

Hi Everyone

 

I haven't been here for a while as I have had some personal things going on, but I am back now and I'm going to get my claim going again. I had got to the point where I was just about to file for my moneyclaim but didn't get round to it because I didn't have the funds to pay the fees. Now that I am on benefits I am going to go to the court and get the papers to file because I think if you are on benefits you can get away with not paying the fees.

 

My question is because I have left it for so long do you think I should send another letter to the bank just letting them know I am taking the claim up again and provide them with another statement of charges or just proceed to the moneyclaim stage?

 

Thanks for reading

 

Mandy

[Michael Browne]

No, file whenever you want to.

[mandytomlucy]

Hi Everyone

 

Finally filed on moneyclaim last night, managed to scrape the fees together as I know I'll be getting them back.....

 

HERE WE GO!!!!

 

Mandy

[mandytomlucy]

Hi All

 

Just checked my moneyclaim and they have acknowledged... Bit surprised as I thought they would wait until the end of their 14 days to do it as it was only served on them today.

 

So I think I am right in thinking that they have 28 days from today to enter a defence?

 

Is anyone else at this stage and wants to be my "oh my god I'm really excited but nervous because I'm suing a massive huge bank" buddy?

 

Hope all is well

 

Mandy

[Michael Browne]

It's 28 days from the original date of service