Thanks Lula and Curlyben. Your help and support is fab and is what keeps this site going. Way to go! Me and the wife are so happy.....we're almost in tears. Can now afford and treat our babies each a special present this xmas! Jordy

Hi everyone We've just got home after a fantastic evening watching the superb firework display at Clapham Common and a few beers and a meal afterwards. Cap1 have sent us a cheque for £1,445.82. Finally, after all this time pursuing this claim with them! There is no covering letter accompanying the cheque, which normally arrives with the usual non liability declaration and terms and conditions of offer from the Defendant etc. The cheque is just attached to a remittance slip. However, it shall go tommorrow morning where most cheques are destined to go............ IN THE BANK!

Apologies for not having updated this thread for a while. It appears that the OFT case is having a draining effect on Crappy 1 as well as the other banks and cc companies. They are obviously so pre-occupied with it that they are slacking in their housekeeping and keeping up with current court claims. .......And especially those claims that were put in before 13th August 2007! Received from my local county court........ ...........What do you think I should put in my shopping basket? They will undoubtedly put in for a stay, have they have any sense. Along with the usual waffle about not receiving this n that and on time etc. Which of course I shall refute and defend rigorously. And should they have the allocated time left! At the end of the day they dig their own hole for their fate with the judge and courts due to their sloppy antics, time management and abuse of the court system. Jordy78

CENTRAL LONDON COUNTY COURT. Have been in touch with them today and been told that no 'blanket stay' regarding bank/CC penalty charges claims is in place. District Judge assessing each claim on individual basis!

The cheque's gone in the bank. Though I've gotta admit when we handed it over to the cashier, I was tempted to pay xtra and put it through under ''special presentation/super fast clearance''............ just in case the devious So and So's have any further dirty tricks up their sleeves!

OK. Donation completed! ''Ps Norf London rules ok''........I like that one Tony:lol:

Thanks Hedgey:lol: And big thanks to all those others on here for their advice, help and support throughout my claim. Better get down to the bank soon and put the cheque in! Now, how do I go about making a donation to this fantastic site?

Hi All:smile: I have received the following letter from NatWest; ''I write further to your letter and confirm that the Credit Reference Agencies have been instructed to remove any adverse data in respect of the above detailed account. May I take this opportunity to thank you for your patience regarding this matter ad I am pleased that this matter has been resolved satisfactorily.'' I have just checked with Equifax and Experian and can confirm that the default has been removed from my Credit files. .......I'VE WON!! So in a nutshell - FULL REPAYMENT OF CHARGES + INTEREST + DEFAULT REMOVAL. WHAT A RESULT!

I have sent a response letter to Group Litigation basically saying that I appreciate their offer of settlement for the full repayment of charges, S.A.R fee and interest. .........Yet only half of my Court claim has been satisfied. And that I do not consider this as 'full and final settlement'. I have not banked the cheque, nor returned it to them either. I'm just 'hanging on to it' in the interim that they address and fulfil the whole of my claim and hopefully, remove the default from my credit files over the next few days. In their response letter, they are obviously 'pressing on me' to discontinue my Court claim, because they have sent me a cheque for the charges and only 'half honoured' my claim. But my question is, How much time left do I have with informing the court that this matter is either settled or not settled? What are the time limits after submitting a claim, receiving acknowledgement, and/if defence etc - to informing the court of whether you wish to continue or not? Incidentally, Nat West's deadline for submitting a defence to my claim was up at 20/07/2007. Which they did not act upon or respond to. Jordy:)

At the date of defualt, the amount of charges already levvied to the account exceeded the 'default balance' by over £10. So by offsetting the unfair charges recently reimbursed to me by cheque against the default registered - My account, at the time would have been over a tenner in credit! And yet they sent inaccurate information to all the Credit Reference Agencies, which has been on my credit files and is still adversely affecting it during the last few years! I never, ever received an original Default Notice from them and had to request the original copy from them in May. To which they replied;- You have asked for the original default notice that was sent to you on 12 January 2007 (think he means 2005 ) but I regret that I cannot provide the original notice as this was sent to you and was not returned to the Bank undelivered. I have enclosed an exact copy of the notice that was sent to you at that time which was not sent recorded delivery by the Bank and therefore no proof of posting is available. The copy demands payment of the Total Amount Outstanding before 26/01/05....along with the usual waffle and intimidating threats! Jordy:-D

Hi Jonni, I have just PMd you with my full Particulars of Claim. Regards Jordy

Their full and final settlement for reimbursement of their penalty charges repays back all I have lost, plus the 8% interest asked for on my court claim...so could'nt wish for better, in that department.... But the NatWest default marker on my credit file apparently still remains,....with the restrictions and ruining of any applications for any sort of credit, mortgage etc..whatsoever made by me and for me and my family. This is what I put on my N1 court claim under Brief details of claim;- ''Money claim for return of penalty charges applied to the claimant's bank account by the defendant. And removal of adverse information and removal of default entries registered with credit reference agencies, Equifax, Experian and MyCallcredit by Natwest'' Jordy:grin:

I have been in battle against the Nasty West for Non-compliance, sending me the wrong statements, return of unfair penalty charges and default removal on my credit files by them. Today I received a cheque for £xxx.xx, (dated 12-6-07) attached to the following letter dated 17-7-2007;- Dear Mr XXX Claim Number:XXX The above Claim has been passed to the Group Litigation section of The Royal Bank of Scotland Group. NatWest Bank plc is a subsidiary of The Royal Bank of Scotland plc. Would you please address all future correspondence in this matter to this address. We believe that your Particulars of Claim disclose no reasonable grounds or cause of action against the Bank.... However, we believe that, given the amount of your alleged claim, it is not commercially viable or cost effective for the Bank to defend this claim. (correct) Therefore, I am writing to advise you that the Bank is prepared to pay you the full value of your claim being £xxx.xx in full and final settlement of these proceedings. A cheque is enclosed with this letter. Please note that payment will be made with no admission of liability and subject to your agreement not to court publicity, or disclose or refer to any third party, the background to this matter, and also to keep the terms of this settlement strictly private and confidential. (of course I will :grin: ) This payment is also conditional upon you writing to the Court to discontinue proceedings and not to take any steps to enter Judgement against the Bank. Any charges that properly accrue in the future will be applied to your account in line with our published tariff and in accordance with your agreement with the bank (hard luck, 'cos it's been closed for years). Should you be unwilling to accept any such charges, then we may need to consider if we are prepared to continue to provide you with your existing banking facilities. Instead we may offer you a simple account that does not offer borrowing facilities or other services that can result in charges. (I've already told you...I DO NOT HAVE AN ACCOUNT WITH YOU ANYMORE) Signed Yours sincerely, Trainee Solicitor! However, there is no mention or reference of the default and it's removal from my credit files, that I included in my Particulars of Claim in any part of their honest letter. Return of penalty charges and default removal came as a package on my court claim - and they have not addressed both! Should I accept their full and final settlement payment and cash it on the basis that they should remove the default too...or should I 'hang on to the cheque' or send it back to them stating something like 'court claim not fully satisfied'....?? Jordy :grin:

Hi all I have been without internet connection for several weeks, so have not had the opportunity to go online and update my post. Nasty West have acknowledged my claim on 22nd June 2007 and have 28 days from this date to file a defence. The second page of the Acknowledgement of Service indicates their intention to 'defend all of the claim' .....signed with just a capital 'M' and by a Trainee Solicitor from RBS Group Litigation, London. I have not heard or received anything since from them. I have also received a positive response from the Information Commissioner's Office - about their concern with Nasty sending me bank statements belonging to complete strangers and the security of peoples personal data being sent out to anyone. And rightly so! :grin:

The cat is on guard. And has been set to defend against 'NastyWest' And looking out for, and after the interests of Steven, Hedgey, Fendy and the like...

Yes. At the end of the day - you have WON. Well done!

No truer words said!

You keep chipping away at 'em, Hedgey. All the best! - and big congrats to Fendy as well. Way to go! Jordy

Letter Before Action has been posted 1st Class Recorded Postage to the lovely Miss Ellie of Cap1 - rejecting her 'over generous' goodwill gesture offer. I also added the following to my LBA Template Letter .... Firstly, I thank you for your recent reply and your offer of a goodwill gesture payment of £138. Secondly, you would not be able to add this refund to my account to clear any balance outstanding, as it is no longer an active account and has no outstanding balance. The Account has been settled and closed for several years. Therefore, only a cheque payment for the original amount requested would suffice. In any case, I am rejecting your offer of £138 and will not be returning the settlement form that you requested me to sign and accept.... and at the terms and conditions stated with your offer. I guess from now, it's a waiting game?

You are absolutely right Glav. And I will act upon with immediate effect! I find it diabolical how they allow you to borrow from them..and charge you enormously for the privilege of doing so...... And yet, when you want your penalty charges back now, and at the same rate at which they charged you...They do not wan't to play, and offer repayment amounts that insult intelligence? I have similar claims to start next, with Monument and Egg. I am also, currently involved in a long battle with the 'Nasty NatWest' ...(which seems to have been going on forever) for repayment of bank charges and default removal. http://www.consumeractiongroup.co.uk/forum/natwest-bank/99012-jordy-nastywest.html In the meantime, ''I put it to Cap1, that my boxing gloves are on and ready for the next round'' Jordy

I have received a letter from an Ellie Renshaw in response to my Prelim Letter claiming charges plus contractual interest - originally sent to a Ms Jessica Dubbeld. The letter goes on to offer me a 'goodwill gesture payment' of £138.00. Unless my maths ability has seriously deterioated since schooldays - I calculate this insulting offer at least £1100.00 short of what I requested from them in my Prelim Letter. ''What a Flaming Liberty''

To issue proceedings where your claim is for something other than money costs £150 with the small claims county courts in England. A Subject Access Request is NOT a money claim. Jordy :grin:

Where do they get the figure for repayment to you of £90.00? When you have requested your statements - and not yet received them?

I have been in a similar situation myself, but with the Nasty NatWest. The 40 day deadline was almost up, then I received statements on the 40th day..but belonging to a complete stranger. I sent a 7 day final notice..which they completely ignored and I then filed a court claim against them for Non-Compliance of S.A.R, together with damages. Eventually, I got my own statements about a week after filing with Court. However, it may be in your best interest to 'hang tough' and wait it out a bit longer for your statements to arrive. If you file a claim for Non-Compliance of S.A.R, then you will have to pay a Court Fee of £150 for the privilege, as you are filing for something that is 'other than money'. Would it be worth it for you, when the statements could arrive on your doorstep a few days LATER, after you have filed? My circumstances though, are different, as in the fact that I am exempt from paying any Court Fees, due to being on Income Support. So I had nothing to lose by filing for Non-Compliance and no court fees to pay. You need to weigh up and decide if it is worth 'paying the extra to receive something sooner'......and, of course in relation to any charges that you are reclaiming! Jordy :grin:

That sounds fine then. I would also advise you to read up on and send a Section 10 Letter, based on the circumstances of your claim. Take a look here. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/5078-10-data-protection-act.html Regards Jordy :grin: