Fryster Vs Natwest!

[fryster]

Hi all,

 

Have sent my SAR request today, so here we go! Just a couple of questions: Are all of the following classed as unfair charges ( this is taken from Natwest's latest rates and fees booklet )

 

Unarranged borrowing fee £28

 

Unauthorised transactions - unpaid £38 per item

 

Unauthorised transactions - card misuse £35 per item

 

Paid referral £30 ( max £90 in a calendar month )

 

Default Notice £30

 

...also, when sending the request for repayment of charges do I need to send a breakdown of the charges i'm claiming? ( e.g the spreadsheet without adding on any interest? )

 

Thanks for any help and support, I estimate that Natwest have charged me 1000's over the past couple of years!

 

[Yaesu]

The answer is yes to the above charges (as I understand it)

 

With your request for refund include a "schedule of charges", this in effect is just a list detailing the date of charge, the type of charge and the amount charged.

 

I hope this helps

 

Y

[fryster]

Hi all,

 

It's been 11 days since my subject access request was 'recieved' at Alex Lyons address. No cheque cashed yet or any sign of the information. I know that they have 40 days to respond, but should I be following up on them to make sure I recieve the info. or just be patient and wait? Just feel they may need a kick up the bum to move them along!

[orfoster]

I have had the same thing, im waiting for them to respond also. I have sent a copy letter special delivery onto their head office chasing this up. Its worth a go.

[fryster]

Thanks, I'll do this A.S.A.P!

[fryster]

Recieved a few statements today, however only 23rd July 2002 to 4th October 2002. They have charged £5 from my account for these as well! No sign of the £10 cheque being cashed either.

 

In most peoples experience, will they now send out the rest of the statements shortly or have they messed up at their end?

 

Thanks!

[Thailand]

You have paid your fee so you are entitled to the rest of them under the dpa. I would just phone them - they will likely send the rest out in a couple of days.

 

oooh the tactics they apply

[Guest NATTIE]

No you will get the rest shortly, it would be 10 days from date of order, i would expect you will receive the rest of them by the middle of next week at the latest. Am not sure why the £5 went out because that is for copy statements. Under SAR statements should be incl with data for £10. It may worth ringing up about that charge stating that you have already requested these under SAR and that you believe that this charge has been made in error.

[fryster]

I phoned them and asked about the missing statements, they said they would re-order them for me and not charge again. After a short discussion we agreed that I would wait until Wednesday and then re-order if they havn't turned up. I will wait and see if the cheque gets deducted from my account before phoning to get the £5 back.

 

By the way, the lady on the phone went out of her way to be very polite to me - over polite if that's possible! Natweststaffmember, do you know if it flags up to customer services about the SAR request? I'm sure all Natwest call staff are friendly, she just seemed over friendly!

[Guest NATTIE]

No, because most requests go to the Customer Relations Unit who have a separate notes system that branch staff cannot access

[Thailand]

Fryster - did you get your statements?

[fryster]

Ok, recieved my statements on Tuesday morning. I'm still missing approx 2 years of statements, but am sure that these don't include any charges so have sent preliminary request for payment of charges for a shocking £3247.85!

In one week alone there was over £400 of charges!

Will keep you posted as this progresses!

[Thailand]

good luck - hope the rest of the statements are charge free!

[fryster]

Okay, just an update on where I am: Sending LBA on Friday as I'm on holiday the following week and want to file the claim at court as soon as I get back. Recieved the following letter on 6th September from Emily Cox (after the 14 day initial deadline):

 

'Thankyou for taking the time to tell me about your concern. All concerns are important to me' etc.etc

 

'I am not yet able to answer your concern fully, as I need to look into matters further. I will contact you again within the next 10 working days, either with a full response to your concern or to update you on the progress that I have made' and so on...

 

Is this a bog off letter or something different? Also, it's from a different address to the one I sent the pre-lim' letter to - should I send my LBA to this address, or the original address I was using?

 

Thanks!

[fryster]

Okay, have got to the MCOL stage. Total including court fees and interest is £3813.75! Do I need to send a copy of the charges anywhere yet, or just sit tight? Please could somebody buddy-up with me as this is the 'scary' part!

[fryster]

Okay, recieved notice of issue from Northampton County Court, Natwest have until 21st October.

 

Bit worried that Natwest are being naughty: I paid the court fees of £120 using my Natwest account which showed up on my online statement and left me with no money in my account (which is what I expected). After checking my balance today the £120 payment to MCOL has mysteriously disappeared and I have this ammount in my bank account! Will this affect my claim as now I have potentially over stated the ammount Natwest owe me?

 

Help please!

[fryster]

Please could someone in the know check my MCOL POC, I want to make sure that I did it right:

 

Particulars of Claim

Claimant has account ******** with

Defendant from 19th February 1997 conducted

on their standard terms and

conditions.Claimant is claiming the return

of £3247.85 taken by Defendant in charges

over 4 years.The Defendant's charges are

a disproportionate penalty and therefore

unenforceable as they are contrary to

common law.They are also invalid under the

Unfair Contracts Terms Act 1977 s.4 and

under the Unfair Terms in Consumer

Contracts Regulations 1999.Para.8 and

sch.2.1.e.In the event that the charges are

not a penalty they are unreasonable within

the meaning of the Supply of Goods and

Services Act 1982 s.15. Defendant has

declined justification of charges despite

repeated requests. Claimant claims interest

under Sec.69 of the County Courts Act 1984

at a rate of 8% a year from 9th December

2002 to 29th September 2006 of £445.90 and

also interest at same rate up to the date

of judgment or earlier payment at a daily

rate of £0.71p.

 

Is this right, if not what do I do next?!!!!!

 

Please help, reading other peoples MCOL experiences I'm worried I've not done it right!

[fryster]

Okay, will skip foward a few chapters: have recieved CPR request and allocation questionaire. Am I right in thinking that I should reply to the CPR request, but hold back on the allocation questionaire? Do I send a copy of the allocation questionaire to the court as well?! When I send another copy of the charges do I include all the additional interest that has occured since the claim was filed, and do I add in the court costs also?

 

Another question: since the original schedule of charges was sent I have had numerous other charges, can I add these to the previous charges with interest if I provide information in the covering letter?

 

Sorry for all the questions, want to make sure that I get it right first time to stop them delaying it anymore thatn they can!

 

PLEASE CAN SOMEONE REPLY, FEELING A BIT LONELY ON MY THREAD!

[Godders]

Other way around, you are not obliged to respond to the CPR part 18 request if you anticipate allocation to the small claims track (there's a template response in the CPR part 18 sticky thread) but you do need to send the allocation questionnaire back to the court. The judge uses these to decide which track to allocate your case to (hence the name) so yes, you need to send it to the court!

 

You can add interest to the original claim from when you filed the claim to the date they pay up but other than that I'm not sure about adding to your claim once it's underway. I wouldn't have thought so but I don't know for sure; hopefully someone else will chip in on that.

[fryster]

Sorry, I realise that I have to send back the allocation questionaire, but was under the impression that if I waited till nearer the deadline Natwest might have paid up by then. Wanted to know if I should respond with the template for the CPR first as this might make an offer come quicker, or just do them both at the same time.

 

Would be interesting to know if I can add on the charges occured since my initial request, if not would I need to complete another claim once this one is resolved or would a phonecall to the bank after I win my case result in a refund of these charges? Worried they may close my account if I keep asking for charges back/threatening this action again!

[Thailand]

Not sure about the first paragraph Fryster, but you can only add on new charges up until MCOL stage, so you can either start again for those - or as you say give them a call after your first win and ask them nicely if they will return these, otherwise you will have to take them back to court. I'm not sure about Natwest policy with bank account closure, although A&L and Nationwide do it first time round whilst with others its 3 strikes and your out. Its not your fault, they should stop tanning your account with unlawful charges. Maybe when you get your first cheque you'll be freed from the vicious circle and the 2nd claim or call will be the end of your woes!

[Trudianne]

Fryster - you have unwittingly answered my previous posting by asking the same thing - they have got another £400 out of me since I completed MCOL - hopefully we will get that back after our successful claims!!!

 

Good to know someone else is on the same track as me!

 

T:)

[Thailand]

Fryster I forgot there may be a possibility of paying a (unclaimable) fee of £35 and filing in an N244 - I'm no expert and it really may complicate things - so its up to you if you want to look into it,

 

T

[fryster]

Fryster I forgot there may be a possibility of paying a (unclaimable) fee of £35 and filing in an N244 - I'm no expert and it really may complicate things - so its up to you if you want to look into it,

 

T

 

Thanks Thailand, think I'll wait until after I win this case then pursue the other charges. From more reading looks like I should get my AQ in as soon as possible to speed up the payout! Capital One will be next on my list after this, are they 'easier' to get my money back from than Natwest?

[Thailand]

I've never claimed from the Natwest, so your guess is as good as mine:D I am claiming against Cap One, but in the early stages and even though my 'debt' is with the 4th DCA it looks as though they might be willing to play ball;)