alastrum vs natwest

[Alastrum]

Hello everyone,

I'm currently taking on NatWest to claim back charges of almost £4000 since 2002 when I opened an Advantage Gold account.

After my original letter to them, they offered £3000, which I declined. I have now received the letter from Cobbetts and their defence, plus a request for further info, and am dealing with this in the manner proposed by this site.

 

However...

 

NatWest have continued to apply charges to my account, despite the fact I have ceased to use it since I began this action. The new charges have taken me above my agreed overdraft limit, and is thus incurring further charges. At this rate, (around £90-125 per month), any refund I am likely to get will be swallowed up by all the new charges! Can I increase the amount I am claiming to account for the new charges? If not, what (if anything) can I do about this?

 

Many thanks for your help!

[steven4064]

Hi Alastrum

 

As you have already started your court claim you have two options:

 

Either, you can amend your claim using a N244 form (download from http://www.hmcs.gov.uk), which will cost you £35 (not reclaimable)

 

or, you can finish this claim them immediately start a new one, from preliminary request onwards for the 'new' charges.

 

It's your choice but most people do the second. In your new preliminary letter, refer to the fact that you have just sucessfully completed a claim through the county court - this should indicate that you are serious and therefore they should cough up more quickly.

 

Steven

 

[Alastrum]

Greetings all,

a couple of days ago I received the CPR 18 request from Cobbetts, and I am responding according to procedure outlined elsewhere on this site. Today I received a Notice of Transfer of Proceedings from the court, in which it is stated that my claim has been transferred to a court in my area. It also states that " It is ordered that: The filing of an allocation questionnaire

be dispensed with in this case unless the District Judge at the court of transfer orders otherwise". And that an allocation fee may be payable in this instance.

What is the likelihood of this happening, please?

 

Also received in the post today, a letter from NatWest, a "formal notice of intention to file a default and to take action to recover debt", in which the bank give me 28 days to repay my overdraft. My overdraft is solely due to their ridiculous fees and penalty charges, and currently stands at just over £666 (includes a £30 fee for the letter of notification!)

 

Should I worry about this? Will I have to pay the overdraft off before the court case? Will the court case happen before the 28 day time limit given by NatWest? Or can I just wait until after the court case before doing anything?

 

Many thanks for your help.

[the-miser]

Hi Alastrum,

 

As I have understood this from a lot of threads on this site you account is under dispute and they cannot put further charges or put a default notice

against you..I have seen letters on this site before and I think I found what our are looking for.

(Applogies to Parvale for stealing this template instead of "quoting" it did not quite figure out how quoting works:? )

 

but here is the letter.

 

quote=Parkvale;824329]Send them this letter it will tell them where you are coming from.Good luck.

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

Re: Account in dispute

 

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account.

 

I note from your latest correspondence that you are proposing to issue me with a Default Notice on this account - I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

 

If you do not stop this default action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

 

Yours sincerely,

[Alastrum]

Brilliant!!! Many, many thanks. This site just keeps on getting better. What a fantastic resource you all are!

 

alastrum

[steven4064]

Greetings all,

a couple of days ago I received the CPR 18 request from Cobbetts, and I am responding according to procedure outlined elsewhere on this site. Today I received a Notice of Transfer of Proceedings from the court, in which it is stated that my claim has been transferred to a court in my area. It also states that " It is ordered that: The filing of an allocation questionnaire

be dispensed with in this case unless the District Judge at the court of transfer orders otherwise". And that an allocation fee may be payable in this instance.

What is the likelihood of this happening, please?

 

Firstly you don't need to reposnd to Cobbetts at all (assuming your claim is less than £5000 an hence likely to be allocated to the Small Claims Track). Advice is to send them a copy of your scehdule if you claimed via MCOL - you don't need to if you claimed using a N1 because your schedule will be attached to that.

 

The allocation fee of £100 is payable if your claim is greater than £1500 even if they have dispensed with the Allocation Questionnaire.

 

The likelihood of it coming to court is probaby less than the likelihood of you winning the lotttery.

 

Steven

 

[Alastrum]

Hi,

 

Am taking NatWest to court for nearly £4000. Done everything site recommends, received Notice of Transfer of Proceedings from court, moving case from Northampton to Central London court. This was dated 23rd May 2007. Allocation Questionnaire dispensed with. Have heard nothing since, no date for hearing. Was wondering if this is normal, having gone through the site, other people don't seem to have waited this long? Am I panicking unecessarily?

I was also thinking of applying to have their defence struck out: do you think this would jog them along a bit?

 

Thanks for any help!

[hedgey06]

Alastrum, I really do think you should phone your local court - it's been two months!

 

Give them a ring and ask them what stage your claim is at!

[Alastrum]

I've tried that: the number I've been given for Central London County Court (02079175000) appears to be correct, but I only get a dead tone. I tried ringing the Northampton County Court (from where my claim was transferred), but they said that once the claim was transferred they were unable to track its progress.

[steven4064]

The number you have is correct. Mediation services at the court have another number 0207 917 7821 - you could try phoning them and asking if they know whether there is a problem

[Alastrum]

Finally got through to Court. Seems they've just been overwhelmed with claims and it's a taking a long time to go through them. I was advised that my claim is still with a District Judge and no date has yet been set. That's a relief, I was beginning to worry that maybe a letter had been sent out and I hadn't got it, or something like that... Also, recent developments with the OFT may have slowed things up; perhaps some courts are waiting for a resolution to the OFT case before proceeding...

Anyway, just thought I'd let you know, in case anyone else is worried if their claim seems to be taking longer than expected.

[steven4064]

Also, recent developments with the OFT may have slowed things up; perhaps some courts are waiting for a resolution to the OFT case before proceeding...

They will tell you if they are doing that - they may stay the case (put it on hold). If they do, there is a template letter requesting the stay to be removed coming soon

[Alastrum]

Hi,

I'm taking NatWest to court over my charges. Still waiting for a hearing date at Central London County Court (it's unclear whether a stay will be imposed due to the OFT case).

I have today received a letter from Cobbetts saying that they intend to ask for a stay due to the OFT case. I have countered this with the letter asking for no stay to be imposed, and I'd also like to up the ante by applying to get the bank's defence struck out. However, I've trawled through pages and pages, but can't find the thread where the striking out was discussed, or where the template(s) are. Can anyone point me in the right direction?

Many thanks...

[amills58]

Hi

 

could you tell me where the letter requesting no stay is thanks

[Micky the Hippo]

http://www.consumeractiongroup.co.uk/forum/natwest-bank/105227-nat-west-claimants-new.html

 

I'm not being funny but it does pay to read the stickies, they're sticky for a reason

[Alastrum]

Not being funny either, but the section I was particularly interested in IS buried deep down in the sticky you referred to, and isn't immediately apparent from the opening sections that it contains the info I required; the stickies don't automatically come with a list of contents.

Anyway, thanks for pointing me to it, I appreciate it.

[Micky the Hippo]

I agree the sticky could be labelled more clearly but it is general advice for NW claimants

 

anyhow, you're welcome, sorry if I was curt, tricky day

[Micky the Hippo]

and here's the link for the letter to object to a stay, and indeed it protests about abuse of your human rights

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html

[Alastrum]

I already got that thanks, it was just the strike out I couldn't seem to find:)

[Micky the Hippo]

it was for the amills type that posted after your question