Andy449 vs Natwest

[Andy449]

Hi all,

 

Just thought I'd add my case to the pot. I'm expecting to be claiming back £2000+ from NatWest though I am still in the Data Protection Act request phase at the moment so this is just a guess.

 

Luckily my financial situation has improved since I accrued most of the charges on this account so I can afford to drag this out with Natwest for as long as it takes.

 

Thanks for a fantastic site - I promise that you will be seeing a decent share of my settlement if/when I win.

 

Case so far:

 

30/05/2006 - Template DPA letter sent along with £10 cheque made payable to "Natwest bank".

 

12/06/2006 - Response received from Natwest asking for confirmation of the request from the second account holder (my wife).

 

22/06/2006 - DPA template edited slightly and sent back with both our signatures and another £10 cheque.

[minimilner]

hi Andy just out of intrest how are you getting on?

[Andy449]

Hi There,

 

I got my statements from Natwest in response to my DPA request on the 2nd August and when I totalled up my charges for the last 6 years it came to £4745!!!!

 

I went through the request for repayment and letter before action stages before finally raising a court claim against them on the 29th September. This has been acknowledged by Cobbets solicitors on behalf of Natwest so now just waiting until the end of the month to see what happens

 

Hope that's of some interest.

 

Andy

[tigerlilly24]

Hi Andy,

Be sure to keep us posted ! I've just started my claim against NW for a very similar amount - I will be watching your post with great interest !

Very best of luck to you (not that I think you'll need it!).

J

[blue snail]

Hi Andy, you posted a reply to me yesterday, i am blue snail. I will be making a claim for between 4,500 and 5,000 so will be watching carefully. Have you any advise on how to calculate the interest - i understand you can add on 8% apr is this right ? did u do that ? cheers

[Andy449]

Hi Andy, you posted a reply to me yesterday, i am blue snail. I will be making a claim for between 4,500 and 5,000 so will be watching carefully. Have you any advise on how to calculate the interest - i understand you can add on 8% apr is this right ? did u do that ? cheers

If you have a look in the thread titled "6. Interest calculation spreadsheets" in the templates section, there are a load of spreadsheets which you can use to calculate interest dependant on your circumstances.

 

Please be aware though that you are not entitled to claim interest until you file a court claim. I think you're still about a month away from that yet as you still need to send the request-for-repayment and letter-before-action, each of which should give your bank 2 weeks to respond. Each of these letters should only be asking for the actual amount of charges taken from your account.

 

Regards

Andy

[Andy449]

I received the standard Cobbetts CPR Part 18 request last week and have replied today with the standard "I expect this claim to be allocated to the small claims track etc...".

 

I also included an extended POC referencing the "Consumer Contracts Regulations (1999)", the "Unfair Contract Terms Act (1977)" and the "Supply of Goods and Services Act (1982)" as, like many others, I found that there wasn't enough space on MCOL to do this.

 

Now to sit back and see what happens

 

Andy

[Andy449]

Quick question:

 

I have just received a copy of Cobbett's AQ and they've done something a bit strange.

 

The've stated in one of the sections that they cannot submit any details as I haven't complied with their CPR Part18 request but they have also stated elsewhere that they think the small claims track is most suitable for the hearing.

 

Am I correct in interpreting this as meaning they have no intention of defending my claim do you think?

 

Andy

[Andy449]

Received a letter from the court today stating that my claim has been allocated to the small claims track and that the hearing date will be at the end of Feb 2007. Guess I'm in for a bit of a wait then

 

Andy

[fire fox]

Hi Andy

Am reading through your posts to see how my claim matches up to yours. Can I ask a question that is confusing me a bit.....which spreadsheet do I use to calculate my interest, there seem so many and maths was never a good subject for me. I have done really well so far and need to fill my court claim form asap but this confusion is holding me up now

[Andy449]

Hi Tony,

 

Sorry for the late reply - the spreadhseet I used can be found here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

Regards

Andy

[Andy449]

Partial offer of £3150 received today with the usual conditions not to disclose etc... I have just posted a letter declining this.

 

Andy

[Andy449]

Hi All,

 

I'm just after a bit of reassurance here as my court hearing is set for the 27th Feb and I haven't heard anything else from Cobbetts since their offer on 1st December. has anybody else got this close to their court date yet?

 

Thanks

Andy

[Andy449]

...anybody?

[Andy449]

Well, despite being the only person to post on my thread since November, I've won

 

Phoned Cobbetts yesterday to ask when I could expect to receive their amended defense details as my case is scheduled for the 23rd. After a few false starts (their receptionist seemed to take great delight in transferring me to extensions that were already busy) I got through to Linzi Burgoyne's line and was told that Natwest "is currently considering a settlement offer" and that I should expect to hear from them within the next week.

 

I'm still expecting to have to reject their first offer but they obviously have no interest in defending the case in court so "yay" for me

 

 

Andy

[fire fox]

Well done mate. Hope you get your cheque soon. I am in court on April 16th so a bit of a wait yet. Sent my court bundle today so no more for me to do for a while I guess?

Tony

[Andy449]

Hi Tony,

 

Sadly Cobbetts still seem to be dragging things out for as long as they possibly can but I've had a quick read of your thread and you have every reason to remain confident for April (or before)

 

I've got a couple of quick questions for the collective if anyone can offer advice?

 

1. I filed my claim at the end of September, at which point the 8%apr interest came to £1114.77. When I receive their settlement offer, am I entitled to update this amount to reflect the 4 months that have elapsed? This would be worth another £145 to me.

 

2. Natwest now have 9 days to make me an offer with which I am happy before the court date. At what point do I tell the court to postpone or cancel the hearing? Assuming that they send me a cheque next week, it probably won't have cleared before the court date so technically I won't have been paid - can I insist on immediate transfer of funds into my account?

 

Thanks

Andy

[Deller]

Hi Andy

 

1. I filed my claim at the end of September, at which point the 8%apr interest came to £1114.77. When I receive their settlement offer, am I entitled to update this amount to reflect the 4 months that have elapsed? This would be worth another £145 to me.

Yes you are entitled to update the amount, you will be able to reject their letter, unless of course its for the full amount, and state what the total now is to date.

 

2. NatWest now have 9 days to make me an offer with which I am happy before the court date. At what point do I tell the court to postpone or cancel the hearing? Assuming that they send me a cheque next week, it probably won't have cleared before the court date so technically I won't have been paid - can I insist on immediate transfer of funds into my account?

Best to wait for the offer or cheque I think, will depend on how much it is before deciding on your next proceedings.

Thanks

Andy

[Andy449]

Cheque received on Saturday for £6270 so can a mod please mark this thread as won?

 

A donation to the site will be on it's way once the money has cleared (payed in on Saturday morning but still not showing on Natwest Online Banking site so I'm not sure whether the branch have to check with RBS before processing it?)

 

I've phoned the court and asked them to postpone the hearing on Friday as I'm not happy to send the notice of discontinuation until the funds have cleared...

 

Thanks for a fantastic site

 

Andy

[fire fox]

Well done Andy, me next I hope!!