Thanks for that. I sent off the email as soon as I got your reply. I know it was read as I got a receipt back from Outlook but as yet there has been no response to that email. I have read somewhere about doing the pre 6 years if you have not signed an agreement in full and final settlement. I think I did this when I won my previous charges. Should I not pursue it anymore?

Hi all! I have been trying to get hold of my statements going back to the opening of the account. I sent off the SAR in April and received statements dating from 2001 to 2006. I had already had these some months earlier. When I called to ask why they had sent these, they replied that this was usual practice and the older statements came from another department and would be with me shortly, i called again a few weeks later and was told they should have been sent to my local branch, and if not, the branch could access the details and should be able to print them off, though it would not be on headed paper. My branch did not have the statements, noc could they run any information off for me. I have just called them again. I have now been advised that I cannot have the statements and it is not possible to claim back any charges prior to 2001. I was also told that I am the first person to have ever mentioned it!! This has concerned me a bit, as there is no point chasing up these statements if I do not have a case. I have also started a claim for my dad which goes back 13 years. He is a little old to be worrying about court appearances now, so I feel I should stop if there is no hope. I cannot seem to find any information about any successful claims over 6 years. Can anyone help? Just a simple yes or no will do. thanks

Just bumping this thread up as would like to know how people are finding it when going back further than the 6 years.

Thanks for that. Just out of curiosity, has anyone been successful with these pre 6 year claims?

Hi! I have been asked to have a look at my dads old bank statements. They date back to 1994. The account was closed in 2001. Having spent ages looking through them all, I am horrified to see the extent of these charges. The charges alone amount to £3088.51. Once the interest is added, (a further £2380.56!) the total reaches just under £5800! I am happy to help my dad go for these charges, but I ned to be sure that it will be worth it before I risk his pension if it went to court (court fees would be considerably higher on this amount). My worry is that it over 6 years he would be claiming. I cant seem to find too much on the forum stating whether or not it is a good idea to go for these ones. He is in his 70's now so i dont want to put him through it all uneccesarily. All the statements he has are original so there is no problem proving the charges. Do we just go about it in the same way as we would for a 6 years claim? Thanks Charli

bump!

Thanks for the advice guys. I paid the cheque in this morning so will wait for it to clear before stopping the action. how do I go about that by the way?

Hey Jet! You shouldn't need any more letter templates if you are at the MCOL stage. It's all done online. www.moneyclaim.gov.co.uk I think.

Cheque recieved for £1130.22. Need to stop the court action now! Thanks all! Can this be moved to success stories?? Craiguk

I have just typed out a reply to NatWest's offer: "Thank for your recent letter and offer of £836.00, the contents of which have been noted and considered. You will be aware by now that prior to your offer, I commenced legal proceedings to reclaim these charges as you had not responded to my first two letters within the given time. The claim that has been issued to the court includes further charges that have been added to the account since 22nd January 2007 and interest that would be awarded should the matter get to the Court. There is now also the matter of £120 Court costs which I have incurred. The total claim is now £1,130.22. I would be grateful if you would include these added charges and the court fees in your offer as these will be awarded to me should you not respond within the next 28 days. I look forward to receiving your revised offer within 14 days. Yours sincerely" blah blah blah Does that sound ok? Craig.

Ok So I have been a bit lapse in updating! Well the LBA came and went. Finally last week I found the money to take Natwest to court. The claim came to £1010 which included the interest and also a further £100 in charges which had been added to the account since the prelim was sent. I received an offer letter today for the full amount of the prelim, which I am more than happy to accept as it is all that we claiming at the time we started this. Am I able to accept this offer but ask them for the other charges that have been taken out since 22nd jan? Also, i know I need to go on the court site and advise them that an offer has been made, but how do I go about getting the £120 court fees back? Do I just put that in the acceptance letter that i would like remaining charges refunded and the court fees back? Craig

Well no reply from Natwest. I have decided to give up on this for the time being due to the fact that all my money from my First Direct claim going to the insolvency people to cover my bankruptcy costs. I am not prepared to cover the court costs only for this money to go to them also. Does anyone know if I could start the claim process again if I waited until my discharge in May?

Well, I won against first direct. Why so glum? I hear you ask Got a call from FD on Friday last week. They had spoken to the insolvency people and come to an agreement between themselves that 50% of the money would be payable towards my bankruptcy fees and the other 50% would go back in to the account towards the oustanding debt. I would have prefferred to be able to make that decision myself, but its done and it is a hefty amount off what we owe them. So a bit of a win and lose situation there! So anyone else who is currently bankrupt, we now know that you will lose the money to the insolvency people. They also advised that they are going to put in a process where they will automatically go after any bank charges on behalf of the person going bankrupt so that any money goes straight to them.

LBA is winging its way to the lovely people at natwest!

No response to prelim, not even an acknowledgement. LBA ready to go if nothing in today's post.

As yet there has been no response to my acceptance letter. How long should I leave before I chase it up and how would I chase it up?

5th feb has arrived and nothing further from Natwest. Will wait for todays post but if still nothing, then the lba is waiting here to be posted!!

Well insolvency havent phoned back despite me chasing them up again. So I have retyped the acceptance letter and added that due to bankruptcy restrictions the money is not able to go back into the account so must be in a cheque made payable to me.

Sent letter today explaining that they had already statements and that they had until 5/02/07 to reply to my pre lim.

I spoke to the insolvency people, and they confirmed that I cannot make this payment without being taken to court. they need to look into it further as they did not know anything about claiming back bank charges. They are calling me on monday so should know what to do then.

Got a weird letter today. Nat west need proof of my new address as I have moved since the account was closed. They say they cant send out the statements until they have this proof. They have already sent the statements and didnt check when I requested them that they had the right address, so whats that about?? I will write back pointing out that I was not asking for statements but for the charges that I had already outlined to them in my letter. They are wasting their 14 days!!! I suppose I had better enclose the schedule of charges again just to be on the safe side!!

Well some good news and some bad. I received an offer letter today which had me jumping around in excitement! An offer of £1467.00. I had decided to accept this to avoid going to court in light of my bankruptcy and the money we still owe first direct. The letter states that they are offering to make the payment to me as full and final settlement. But on the next page where I have to sign, it states that they will make the payment straight into the account towards the outstanding debt. This in itself is fine, but a thought has occured to me that my official receiver will consider this a preferrential payment to a creditor. My argument is, that the debt on the account is actually nothing to do with the charges. These were three loans taken out which up until the bank closed the account suddenly were payed up to date without a payment being missed. The account was closed shortly after xmas 2005 due to my husband being out of work over christmas. This then led to returned payments and the charges then took us over our agreed limit. They advised that they needed the overdraft cleared immediately or they would close the account. Even though my husband was again working and they would only have had to wait for a few weeks for it to be cleared totally. Closing my account then led to me not having a direct debit account to pay any bills hence more debt and bankruptcy. Blah blah blah! i freely admit that the account was not run in the perfect manner, but then who's is? I could really do with that money and wondered if they could really insist that it goes back to them. The account is in joint names and as such my husband is the one who is responsible for the amount outstanding and is in an IVA with them. Any advice appreciated if you have got this thread without giving up!!

Hi guys, I have a query on my dad's account. About 8 years ago my dad ran his own business. He took out a loan for 1500 and he paid insurance on the account to cover him if he was sick. A few months before he turned 65 he was signed off sick and he contacted the insurance company. They paid a few of the monthly payments and then stopped. They said this was due to him being 65 and that the insurance no longer covered him. However Nat West continued to take direct debits for the loan out of his account despite there not being any money going into the account. This resulted in an overdraft and overdraft charges. Prior to this the account was in credit. I have gone through his statements which show up to £500 being charged each month so you can imagine what happened to the bank account. The bank closed the account and he now pays £20 a month to a debt collector. He has been paying for several years now and the debt is still over £2000. I told him that I did not think that he could claim from the bank as the charges applied by Nat West were never payed back by him. Now I am wondering if he can make a claim, and if he were succesful then that would go towards clearing off this debt. He is over 70 now and living on a basic pension. He could really do without this hanging over his head. Does anyone know how he would stand with this one? Thanks Charliuk:razz:

Pre lim sent for £836.00.

pre lim sent for £1558.95.