MRN versus Natwest

[My Real Name]

I've finally shifted my lardy behind, and started on the road to reclaiming my money from the bank.

 

It has been 10 days since writing a letter before action to Natwest, and 26 days since my initial request to be refunded approximately £2,500, consisting of unlawful penalty charges, and overdraft interest charged on them.

 

As yet, I have received no response, and am drafting an N1 claim form for submission to the county court.

 

 

I look forward to writing updates as they happen.

[Parkvale]

Good luck, be patient and you will triumph.

[My Real Name]

I've finally received a response, albeit a stock standard reply, claiming that all charges are lawful, that my complaint (their choice of words) was noted, and that they are going to sit on it until their test case with the OFT has concluded.

 

On the strength of their letter, I shall now sit back and do nothing, content with their more than adequate reasoning.

[My Real Name]

Apologies for the bad spelling - I have mild dyslecksia.

 

"Sit back and do nothing", should have read "send completed N1 form and POC to the county court"

[My Real Name]

Is anyone able to advise me as to which court I should be sending my N1 form and particulars of claim?

 

Geographically, the nearest court to me is the Old Bailey, but that is a purely criminal court (if I'm not mistaken).

[Sneaker]

The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service - Court Information and Addresses) is not available

 

Just find your nearest County Court

 

Best of luck

[My Real Name]

Thanks for the response, Sneaker.

 

The details for each court give the work type - Am I interested in those courts that give Civil as a work type performed?

[Sneaker]

Yes - Civil.

[My Real Name]

It's now been 4 weeks since the court signed for receipt of three copies of my N1 form & particulars of claim - What is the usual timescale involved here? Should I be expecting further correspondence from the court?

[hedgey06]

You really should have received a Notice of Issue form from the court by now, along with an Acknowledgement of Service from Cobbetts MRN. I'd advise phoning the court to find out what's happened with your N1 and PoC just to ensure they've processed them.

[My Real Name]

On speaking to the court, I have been given a claim number, created 25 Oct and put in service (if that is the correct phrase) on 28 Oct.

 

The court is yet to hear from the defendant. Any idea what Cobbett's / NatWest's typical response time is to claims?

[hedgey06]

They have 14 days from the date your claim was served on them (looks as though it was served on 28th Oct) to respond to you. So hopefully, you should receive an Acknowledgement of Service form soon - plus a Notice of Issue form from the court. It seems to be on track at the moment - but let us know if you don't receive the above forms. x

[My Real Name]

I have now received a response from Cobbetts, including an Acknowledgement of Service.

 

Not unexpectedly, they have been instructed to apply to the court to hjave the claim stayed, copying me on the application to the court.

 

Is there anything that I can do between now and any decision on the stay? From the look of it, my local county court does not appear to be staying claims by default.

 

Still no Notice of Issue - I'll chase the court, in case it has gone missing.

[hedgey06]

In all honesty MRN, unless you can prove genuine financial hardship (and this is becoming more and more difficult to prove) there really isn't an awful lot that you can do at the moment except leave it in the hands of the court. Hopefully your court will continue to look at claims on a case be case basis.

[My Real Name]

I'm fortunate enough not to be in any financial hardship. In which case, it looks like a wait is in order.

 

I'll be sure to keep you all informed with anything that happens.

 

Thanks for the help so far.

[hedgey06]

Best of luck MRN - let's hope your court is still proceeding. But keep us informed either way. x

[My Real Name]

Notice of Issue received from the court (finally), and Acknowledgement of Service from the court, indicating the defendant's intention to fully defend the claim.

 

I have also received a copy of the defendant's defence, filed by Cobbetts. This appears to be the standard dismissive "lack of particulars" letter, suggesting that Cobbetts failed to read the 7 pages attached to the claim.

 

I'll post the full text later, if it might be of benefit.

 

One point that I take issue with, however, is that the filing of a defence appears to be inconsistent with the previous notification of the intent to apply for a stay. Can I infer from this that the court has denied their stay application?

[My Real Name]

I have now received notification that the claim has been stayed, pursuant to the outcome of the Abbey et al. case.

 

In the meantime, ought I write to the court, asking that Natwest comply with my original SAR for the original Ts&Cs for my account, that Natwest concur with the schedule of charges placed on my account (irrespective of the nature of those charges), and that they will desist from levying further such charges in the meantime.

[hedgey06]

Sorry to hear about the stay Rather than writing to the court though, I'd be inclined to write to Nat West - the Borehamwood address (copy to Cobbetts, copy to the court) something like this:

 

Request for Terms & Conditions

 

Dear Mr. Higley,

 

ACCOUNT NUMBER: xxxxxx

SORT CODE: xxxxxx

 

Please forward a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

These are requested under CPR Pre-Action Protocol 4.6© for my claim number xxxxxxxxx in the xxxxxxxx County Court.

Yours sincerely,

MRN

 

I have to say - I got no response whatsoever to the above letter, but others have managed to receive the correct T&C's by sending the above.

[My Real Name]

'Lo again

 

It has been six months since I wrote to Natwest asking for the original Ts & Cs. Suffice it to say, I have not received anything.

 

I have, however, received another £28 penalty charge for exceeding my overdraft limit, having been nudged over by an interest charge, no less.

 

What are others doing with regards claiming back any ongoing unlawful charges, once they already have a case being stayed in court?

 

(I have phoned Natwest, on the off chance they would refund the charge without a fight. Not that I was holding out for much success, but you never know your luck.)

 

Do I tack this latest charge onto the schedule of my original claim, or doI need to treat this separately?

[steven4064]

You can put it on the original claim if you have not filed in court (you can actually do it if you have filed in court but it will cost you £70 so probabaly not worth it)