sametempo v Nat West

[sametempo]

Hi

 

Yes you do not ask for the interest back, on your account untill you have to go to court. As for the default, i thought they had to notify you, if you defaulted, if thats the case, and they didn't notify you, you probably haven't had a default made against you.

 

Good Luck

 

A

 

 

Thanks for your reply. Sorry not default i meant i went over my overdraft so does that mean i get a late payment mark against my credit file?

[alf]

Hi

 

Late payment mark? If you mean unauthorised overdraft fee, or referral fee, then yes probably lol. Natwest have a habit of applying charges for everything. You can claim all these back!!

[sametempo]

Hi

 

Late payment mark? If you mean unauthorised overdraft fee, or referral fee, then yes probably lol. Natwest have a habit of applying charges for everything. You can claim all these back!!

 

I know i can claim these back but does this appear on my credit file?

[Guest NATTIE]

if you have been defaulted on your credit file and the amount of the default is lower than the charges you are claiming then you can ask for the default to be removed.

[fendyweather]

With regards to credit file, you dont get a bad mark for going over your overdraft limit, you only get negative stuff on your file for defaults or late payments, not for going over an overdraft limit. Hope that sorts that..... Fendy xxx

[sametempo]

With regards to credit file, you dont get a bad mark for going over your overdraft limit, you only get negative stuff on your file for defaults or late payments, not for going over an overdraft limit. Hope that sorts that..... Fendy xxx

 

Thank you that clears it all up

[fendyweather]

Good, so dont worry about negative things on your credit file. If everything is up to date credit wise, then going over your overdraft wont affect your credit file. Glad all clear now. All the best. Fendy xxxx

[sametempo]

Thank you Fendy.

 

My initial request for my money back has been ignored so im now going to send a letter before action letter of allowing a further 14days but i am confused where it says.....

 

I calculate that you have taken £187 plus £XXX which you have charged me in overdraft interest how do i calculate this? My initial letter did not include this amount so shall i leave it out?

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 what amount is this????? plus my costs and without further notice.

 

Can someone help me out with this please.

Thank you

[hedgey06]

My initial request for my money back has been ignored so im now going to send a letter before action letter of allowing a further 14days but i am confused where it says.....

 

I calculate that you have taken £187 plus £XXX which you have charged me in overdraft interest how do i calculate this? My initial letter did not include this amount so shall i leave it out?

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 what amount is this????? plus my costs and without further notice.

 

Hey sametempo......... if you didn't include overdraft interest in your prelim letter, just delete the overdraft interest bit from the LBA. Think the next bit's the tenner that you paid for the SAR - but someone should confirm that for you soon (I'm only guessing on that bit, so soz can't be more specific!!!) Good luck, hedgey xxx

[givememymoney]

The section you are quoting is actually:

 

"I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice."

 

The bits in red should be deleted if you are not applying for the removal of default notices so it should read.

 

"I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice."

 

[sametempo]

is this okay to send

 

'

I calculate that you have taken £187.

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 07/04/2007

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.'

Then just include the list of charges calculating the £187? and is the red bit the £10 for the data protection letter?

When do i add the interest?

how do i calculate this?

[givememymoney]

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.'

 

 

 

 

You should delete the bit in red as you are not making any claim under the data protection act.

 

You will add interest to your claim when you file with the court. The calculation for this should be on your spreadsheet assuming you are using one from this site

[sametempo]

Thanks for your reply.

 

The red bit is that the info about my account info which i paid £10 for?

[givememymoney]

No the bit in red is in relation to requesting the removal of default notices that have been made against you as a direct result of the charges. If you had default notices against you then this could be deemed unlawful in realtion to the data proection act as your data has not been processed in a lawful manner.

[sametempo]

HEllo, i filed my Money claim online today and have my schedlue of claim with 8% apr and letter to the court manager ready to post tommorow.

 

What do i do now?

[sametempo]

Additionally in my final letter i have included all the bank charges, 8%apr.

 

I understand i will recieve a refund of my courst fee £30, but when do i recieve the £10 i spent of my data protection/statement info?>

[sametempo]

My claim was acnowledged today and when i tried to use my bank card it was declined?

 

A coincident i think not?

 

Has this happened to anyone else?

[hedgey06]

Ouch!

 

Phone them up sametempo.......... see what's going on with them.

 

Let us know what they say, hedgey xxx

[sametempo]

Im so annoyed i filed my money claim but realised it was incorrect so i rang up straight away to cancel it and was told it had been and thay i would recieve my refund the following day....

 

I then re-issued my claim and sent the charges schedule off...

 

Five days later i recieved a letter to say that both claims were acknowledged!!!!!!!

 

When i rang up i couldnt get through for days, the line was constantly engaged i sent 3 emails, and was told there was a delay due to the bank holidays!!!!

 

Then when someone bothered to reply i was told no such request was made (i must have imagined talking to someone)

 

Then was told the claim was cancelled and i would be refunded!!!

 

Then when calling back to chase this i was told some imcompetant fool had cancelled the wrong claim....

 

It took 2 futher phone calls and two emails to finally get to speak to someone i demanded a supervisor only then i was listened to!!!

 

 

Im worried now that due to thier STuPID mistakes my claim will go out the window. I have to wait till Monday to speak to someone who knows what theyre talking about. I dont know what will happen with regards to my claim, it may only be 220 pounds but its my money.

 

Anyone else had any problems with MCOL?

 

 

 

Very very annoyed:-x

[hedgey06]

Hi sametempo, I personally filed hard copy of N1 at my local county court - but I've seen a few threads on here that've had problems with MCOL.

 

there's nothing you can do now till monday, so hang fire and phone them first thing monday morning - then post back on here.

 

Hope everything goes well - hedgey xxx

[sametempo]

I recieved my 'Notice that Acknowledgement of Services has been filed.

 

It was signed on the 11th May 2007

 

The front of the letter is signed 15th May 2007

 

It then says the defendant now has 28 days from the date of service of the claim form to file a defence........

 

What date am i going by and what happens next????

 

Thank you

[sametempo]

Finally a response, i have been offered £187.00 my full charges back minus the interest which i wish to accept.

 

How do i do this?

 

Ive sent the letter today that NatWest sent me to confirm that this is what i want to do.

 

What do i do on MCOL?

 

Today i recieved the £187 back in my bank account, but i have also recieved a cheque in the post for the £187 + £30?

 

Confused

 

Help me please

[sametempo]

I recieved the £187 back into my account today after accepting the offer from natwest, but have also recievd a cheque for 187 + £30 Mcol fee in the post what do i do now inorder to get back my initial £30?

[sametempo]

Also because i accepted thier offer do i not get my £30 back?

 

 

If not is there anyway to undo this?

[hedgey06]

You could always bank the cheque for £187 + 30 MCOL fee............. and just send them a cheque back for the £187 they credited your account with, along with a covering letter explaining that you've received the charges plus filing fee!!! xx