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itsmee

itsmee v NatWest ** WON **

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Firstly what an excellent forum and for all of you who spend the time and effort on this site..well done and thanks

 

now for my question, I have just applied for my charges and wrote my first letter asking for them to be repaid, i have today receieved a letter from natwest

 

It is a long letter which im sure some of you will be aware of content, but it genrally tells me about FSA and the extended timetable in replying, and tells me about a test case and that they have asked the courts not to proceed with any other cases. It also states that if i do roceed to claim they will ask for a stay until the test case is resolved...HELP i wasnt expecting this...it seems a fairly standard letter..what should i do now:eek:

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wait!


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wait!

 

:confused: when you say wait....does that mean just let things take their course and do not continue with my claim, the letter says it could take months to be resolved. Im in no rush, its just that most of the forum seems to say carry on regardless and take them to court

 

oh by the way thanks for your very very prompt response

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My apologies - I was a bit short in my response!

 

My understanding is that the courts will not proceed on any cases of this matter until the current OFT debacle has concluded, but there is advice to the contrary. I am not sure, but I don't think a judge would be sympathetic to a case in which area a test case is currently going through.

 

Hopefuly someone else wil post something a bit more definite (and accurate!)


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Guest littlesally

As I understand it you need to proceed on the normal time scale.

14 days for the reply, which you have had, then send the LBA and give them another 14 days.

Although there is the test case gong on, people are still recieving their charges back.

It has always been a bit hit and miss with claims.

Sometimes they pay out straight away - I have read somewhere on here of someone who requested their statements and was refunded the charges without asking for them!! But that is a one off I think.

Other times it gets dragged right out to the last moment.

In my case I sent them a letter basically saying "don't be silly" and they paid out.

Personnally I would continue.

Sally x

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I would agree with sally as I was paid out as well

 

 

 

 

Idax


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thanks everyone for your advise...I think I will do what sally says and send my next letter..the 14 days is ove ron this thursday so i will send it then and see what response i get ...thankyou everyone again;)

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Hi Itsme

 

Still follow the procedures, LBA next and wait to see what the reply is. I expect it will be held in their system until after the OFT case. It's upto you whether you file with the court or wait. The case will probably be Stayed by the court until after the test case, a while after you file.


Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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Moving to Natwest Forum from General Consumer Issues.

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okay everyone...ive manage today to read loads and loads of threads and try to get up to speed...It seems now that even if i continue with the claim ( which i will) that all the cases seem to be getting a stay, some by letter and some at the last hour....couple of questions if anyone can answer.

 

has there been any stays lifted yet and what has been the outcome

 

If these "stays" are until after the test case, what will be the likely outcome, will your case then be heard based on the precident of the test case

 

hope to get some advise on this as it seems this is whats happeing to all recent claimants

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Iam looking for a template and cannot seem to find what im looking for..Today is the 14 day deadline and iam now going to send natwest my third letter. I received the standard letter explaing about the test case and im wondering which letter to send . is there a template that will include anything about the letter i received or should i continue with the normal process .

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Guest littlesally

At this point I sent the letter in post 68.

http://www.consumeractiongroup.co.uk/forum/natwest-successes/26339-littlesally-natwest-3.html

Within a few days I recieved a reply saying they would pay out.

Interest can not be claimed with this letter, but if they accept it it will save all the waiting.

I know that is has worked for quite a few other's who have used it.

If it doesn't work, you've lost nothing.

 

Sally x

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Sally, thanks for your prompt reply

 

was this the letter you were suggesting.

 

Thank you for your letter dated 16.11.06 from Mr. Stuart Higley.

You clearly do not believe that I will issue a claim against you for the unfair bank charges against my accounts.

 

I am writing to inform you that this will be the next stage unless I hear from you, in the next 7 days, that the £380 I am claiming from you will be paid back to me in full.

 

If you wish to proceed with this, I will be pleased to meet you in court and hear your justifacation of the penalty charges.

And, I am sure, so will all NatWest customers.

 

If you do not intend to defend the charges in court, but hoping that I will "just go away", I need to point out to you that this will not happen. But you will incur more costs against you by the court.

 

Please do not waste their time and with something you do not intend to defend.

 

Yours sincerely

 

Sally

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Guest littlesally

No, it's the one on the next page.

Hagenuk made it a little more legal like ....... :D

 

Sally x

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sally...cheers again :)

 

seems a great letter, do you think its worth adding anything about the stay, stuff into it, as i feel that they will probably just come back with a similar letter as the last, stating that if it goes to court they will ask for one.

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Guest littlesally

Not sure to be honest, but if you do could you post what you put as it may help other's.

Sorry

 

Sally x

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more help need.

 

Im trying to compose a letter using sallys original letter and im struggling a bit to get my point acoss. My origianl letter from natwest, which i assume is standard, suggest they thin the charges are fair, transparent and lawful. It explains that they are awaiting the outcome of the legal case with the OFT and will need to resolve the legal key issues before they can decide how to respond to my claim. It also explains to me that given the court case they have asked FOS and the courts not to proceed with any other cases until the test case is resolved and that they will request a stay

 

from my 2 accounts they owe me £2965 and £1028 in charges

 

To be honest, I dread the thought of having to go to court, im just not that legally minded, probaly why a lot of people will not bother with claims...but it IS unfair on everyone....so given that i really dont want to go to court, is there a way that i can suggest that if they offer me a reduced amount i may accept it, and that if the test case goes in the favour of OFT, then that could be financially beneficial to them.

 

I wish i could do more to help others, but i feel that a lot of recent complaints of charges will be receiving the same responses from the banks and it would be great for everyone if some sort of response could be made

 

heres my letter

 

 

Dear Sir

 

Thank you for your letter dated 12 September 2007 from Mrs S. Smith

In your letter you state that you feel the charges are fair, transparent and lawful. Iam aware that Natwest, along with other banks are involved in legal proceedings with the office of fair trading regarding the legality of these charges, and that you wish store my complaint until the outcome

I find this unacceptable and wish to continue with my claim

 

I feel from your letter that you are under the impression that I will not issue a claim against you for the return the unlawful bank charges debited from my account.

 

I am writing to inform you that this will be the next stage unless I receive full payment in the next 7 days of the £2965. detailed in my previous letter to you.

 

However, please accept this correspondence in accordance with my duty under the Civil Procedure Rules to continue to pursue a settlement without the need to invoke the time of the courts

 

If you do not intend to defend your charges in court, but hoping that I will "just go away" I should to point out that this will not happen and you will incur further costs against you.

 

Take note that I will draw the Court’s attention to the fact that you have not made any attempts at settlement in accordance with the overriding objectives of CPR. Furthermore I will submit this letter to the Court as further evidence of your intransigence with my case despite my attempts at settlement and the settling by your company of all other similar claims to date.

 

Alternatively, in accordance with the overriding objectives of the Civil Procedure Rules I would like to give you the opportunity to settle this issue without the need to take the time of the Courts. My claim is for £2965.00. If you could ensure that this sum is paid into my bank account within seven days I will inform the court that this matter is settled. If you wish to pursue this course of action please telephone me to obtain my account details.

 

Please do not waste any further time with something you do not intend to defend.

 

Yours sincerely

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please guide me

 

Im still sat, pen in hand wondering if to send my letter, can somebody let me know if they think its ok as it is

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Honey, you can send them what you want, it will not make one bit of difference. They have now been given an unlimited time NOT to repay your charges, they will use that, depend on it.

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Guest littlesally

Itsmee, I am sorry but I have no idea.

I have been out of the claims loop for a little while and things have changed with the court case coming up.

 

Some claims are being paid out.

A friend of mine was paid out last week, although he settled for about a third under.

 

Personnally I would send the letter and put something along the lines of "if you use the excuse of the court case, I will be forced to claim £xxx in interest, which is what it will amount to. I will not do so if you pay me £2965 within seven days".

 

All the best,

Sally x

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Hi Itsmee

 

If you send the letter demanding the return of your money within say 14 days, full amount that is, they will probably send you a final answer telling you that they are not prepared to pay back the charges levied, you could file your complaint then with the Ombudsman. It won't cost you anything, and your claim will be in the system awaiting the result of the test case.

 

You look like you are terrified to go into court asking for your charges back, why not let the Ombudsman do the work for you. It will cost Nat West £400 to process your complaint with the Ombudsman. If you feel happier going down that route there is a complaint form link below. Fill it in when you receive your final letter from Nat West, put in copies of all correspondance and a schedule of your charges with any interest you are claiming. The online form is at the bottom of the page.

 

our complaints procedure and how to complain

 

Hope this helps

 

UK

 

 

 

 

Uk


Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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sally, thankyou again for your reply...evry little bit is helpful.

I have finally composed the letter and sent it special delivery today, so fingers crossed

 

Dear Sir

Acc ******* total charges of £3993

 

Thank you for your letter dated 12 September 2007 from Mrs S. Smith

In response to this letter,

In your letter you state that you feel the charges are fair, transparent and lawful. Iam aware that Natwest, along with other banks are involved in legal proceedings with the office of fair trading regarding the legality of these charges, and that you wish store my complaint until the outcome, I find this unacceptable and wish to continue with my claim through the courts

 

I feel from your letter that you are under the impression that I will not issue a claim against you for the return the unlawful bank charges debited from my account.

 

I am writing to inform you that this will be the next stage unless I receive full payment in the next 7 days of the total of £3993. If you use the excuse of the court case, I will be forced to claim interest on the amount, which I have currently not included in my claim amount. I will not do this if you make payment within the next 7 days.

However, please accept this correspondence in accordance with my duty under the Civil Procedure Rules to continue to pursue a settlement without the need to invoke the time of the courts

 

If you do not intend to defend your charges in court, but hoping that I will "just go away" I should to point out that this will not happen and you will incur further costs against you.

 

Take note that I will draw the Court’s attention to the fact that you have not made any attempts at settlement in accordance with the overriding objectives of CPR. Furthermore I will submit this letter to the Court as further evidence of your intransigence with my case despite my attempts at settlement and the settling by your company of all other similar claims to date.

 

Alternatively, in accordance with the overriding objectives of the Civil Procedure Rules I would like to give you the opportunity to settle this issue without the need to take the time of the Courts. My claim is for £3993.00. If you could ensure that this sum is paid into my bank account within seven days I will inform the court that this matter is settled. If you wish to pursue this course of action please telephone me to obtain my account details.

 

Yours sincerely

will let you know the response

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Guest littlesally

Personnally I can see nothing wrong with that and I would pay out to you if I was a bank! ...... :D

 

I hope it works for you,

 

Sally x

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well I have recieved my reply from natwest

 

EXACTLY the same letter as last time telling me to confirm the amount and it will be held on file...so looks like im gonna get nowhere:mad:

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Guest littlesally

Sorry it didn't work for you.

Not sure about the next step as things have changed, hopefully someone else will be able to guide you.

 

If no-one does come along, maybe start another thread just saying the point you're at.

 

Hope it all goes well Itsmee.

 

Sally x

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