Innocent vs Natwest...need a double check****WON ****

[natwesttookmymoney]

Hi, Innocent

 

"this would clearly be a breach of section 7.5 of the banking code" and of your own Terms and Conditions for Personal Banking, section 1a.

 

I wouldn't bother with the last paragraph. How much goodwill have they shown you?

 

But if I was you, the more I think about it the more I am convinced that you should return your Allocation Questionnaire. It's not a Cobbett's request, it's the Court's. If you don't give the Court the info to allocate the claim - SCC, fast track, multi track - then they don't know where to allocate it and you run the risk of a strike-out one themerest of minor technicalities. That's my humble opinion.

 

Anyone else got anything to add/take away/disagree with?

Westy

 

 

[Lager_Lou]

In terms of the AQ - I'm in a similar position as had the identical defence without CPR18, dated 15th November and have to file my AQ by the 15th December. Have decided to get it in tomorrow, as like Westy says, it's the courts that have requested it. Also, will send a copy to NW so they know I'm doing what the court has asked, even if they're taking the p*ss.

 

Good luck!

[innocent]

Thanks for both your replies....

 

I've amended the draft... attached

 

I only added the gesture of goodwill bit, to appease the situation and potentially show the court that I was still willing to try to resolve any issues at any opportunity... what you think?

 

Yeah, reference the AQ.... a valid point... will do mine now tomorrow and get sent off... again, only left because so many people have apparently got a full settlement at the AQ deadline date....

 

Keep me informed of your process too guys eh.....

 

Cheers and thanks again

 

Innocent

 

 

 

Innocent

Innocents address

 

Business Manager ("unnamed")

NatWest Direct Business Banking

P.O. Box 4115

Hornchurch

Essex

RM12 4DF

 

Re: your letter dated 21st November 2006 and account xxxxxxxx/xxxxxx and court case 6QZ73048

 

Dear Sir,

 

As I am certain you should be aware;

this account is currently officially 'in dispute', reference court case number 6QZ73048

, regarding penalty charges applied to this and other NatWest accounts of mine over the last 6 years.

 

Whilst you are not proposing closure of the account you are proposing 'de facto' removal of banking facilities;

this would clearly be a breach of section 7.5 of the banking code

and thus FSA regulations, and indeed of your terms and conditions for personal banking, section 1a

. I find your letter, whilst the account is in dispute, intimidatory action and 'ad terrorem', which I will bring to the courts attention.

 

I too would like to see a way forward, as soon as possible, and look forward to the conclusion of my case. I can assure you that upon conclusion of the above case, I sincerely look forward to clearing as much NatWest debt as possible, including this overdraft facility on the above account.

 

I trust this clarifies my position,

 

Yours sincerely,

 

Very Innocent

 

 

cc. Portsmouth Combined Courts

cc. Cobbetts Solicitors (NatWest solicitors)

[innocent]

Ok AQ was sent, recorded... by deadline...

 

for the record this was it:

 

SETTLEMENT? No

LOCATION OF HEARING? No (already local)

TRACK? Yes, small claims

WINESSES? 0

EXPERTS? No

HEARING? No (all dates ok)

OTHER INFORMATION?

 

I do believe that this case will last no longer than one hour.

The defendant in its defence contends that this claim is not suitably particularised and shows no reasonable grounds for the claim to be brought. The Claimant disagrees with this contention entirely. The claims particulars clearly state the statutory and common law provisions on which this claim relies, and the claimant will of course elaborate upon the claim particulars at such time as is required upon the direction of the court. Further, the relevant numbers of the account in question were clearly identified in the claimant’s particulars of claim, and a full schedule of the charges which form the sum claimed from the defendant was sent to Northampton bulk court for inclusion alongside the claims particulars.

Additionally, the defendant was served with this information on two occasions previously within a 28 day period allowed by the claimant to attempt to resolve the issue prior to the commencement of this litigation. For the sake of expediency, I have attached another copy of the schedule to this allocation questionnaire.

As is known to the defendant, I am a litigant in person in this case. It is respectfully submitted that the contentions of the defendant are highly likely to be an attempt to distress and intimidate, rather than presenting any valid or reasonable objections to the clarity of the Particulars of claim.

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceeds their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

FEE? Enclosed cheque £100

SIGNED?

Innocent

[natwesttookmymoney]

Looks good to me, Innocent. I may even use it myself (except for the small claims bit )!

 

Westy

[innocent]

Cheers Westy....

 

Always good to have some positive feedback

 

Of course, section G, was only a compliation of what other people have said on here...

 

Nevertheless.... "thankyou"

 

Innocent

[natwesttookmymoney]

Nae bother, son. (or daughter).

Westy

[sue day]

Hi

 

Have just received an offer of £3,000 against £5900 asked for. They say they will bring it to the attention of the Court. I am a little scared as i read somewhere today in the forum that test cases are being heard. Also Nat West have asked for my case to be allocated to fast track so do not know whether to accept or not. Any suggestions.

 

Sue

[natwesttookmymoney]

Hi, Sue

They always say that stuff. Don't worry - especially about the 'test cases' - pretty much all of them have been settled. Have a look at Allyxia's thread (http://www.consumeractiongroup.co.uk/forum/natwest-bank/35643-ok-what-now-8.html#post414864) which will give you inspiration. She went through everything you did, including the concern and apprehension.

Fear not! Persist, and you'll get it all back. Don't settle for less than they owe you - which is everything.

Plenty of help available along the way - and it may seem strange but soon you'll be giving advice and suggestions to people who are coming along behind. If in doubt, see my thread (http://www.consumeractiongroup.co.uk/forum/natwest-bank/38229-natwesttookmymoney-natwest-4.html#post414891)

Best wishes

Westy

[Deller]

Hi

 

Have just received an offer of £3,000 against £5900 asked for. They say they will bring it to the attention of the Court. I am a little scared as i read somewhere today in the forum that test cases are being heard. Also Nat West have asked for my case to be allocated to fast track so do not know whether to accept or not. Any suggestions.

 

Sue

 

Don't go panicing Sue, this very normal. Like Westy has already stated have a read through some of the success stories, they will give you inspiration.

I think the banks are making offers in the hope that people will settle for less, especially with Xmas just around the corner.

Hang in there, we're with you all the way.

[innocent]

I agree... with the experts (deller and westy) Sue...

 

Even I have already received a 50% offer.....

 

And westy.... I can confirm i am a "son" lol

 

 

Really looking to dellers pay out as I know I am 2 weeks behind...

 

Just received their AQ today dated 5/12/06.... am I too nearing the end????

 

Their AQ contained no "other information" and no payment (which I understand is their standard AQ)... it looks like it only took them a minute to complete...

 

 

Thanks again to all, participating in my thread

 

Cheers

 

Innocent

[Deller]

Really looking to dellers pay out as I know I am 2 weeks behind...

 

Just received their AQ today dated 5/12/06.... am I too nearing the end????

 

Their AQ contained no "other information" and no payment (which I understand is their standard AQ)... it looks like it only took them a minute to complete...

Cheers

 

Innocent

 

Exactly the same as mine with regards to their AQ.

[innocent]

Catching you up deller

 

How far behind Allyxa were u in the process??

 

Surely u will get ur cheque soon??

 

(then me.........woooooooo hoooooooo)

 

 

Innocent :D

[Deller]

I think I was about 3 or 4 weeks behind Ally, so probably New Year for us......

[natwesttookmymoney]

Oh, and Sue

re the fast track. don't be too concerned if that's where you're allocated. It does mean you will have to answer their CPR part 18 request when it comes through but fast track (if that's where you're allocated) requires disclosure of all documents before going to court. Disclosure will require them to show that their charges reflect their costs and/or are a reasonable pre-estimate.

What's the chances of them doin' that, then, eh?

So the fast-track may actually be a quicker way to getting your money back! Embrace it with open arms! Make it your own! Take it home and integrate it into your family!

OK, ok, getting a bit carried away. But do view it positively and prepare for it. Follow my thread - I'm doing the same.

Actually, there is a drawback. It costs £250. But don't worry - you'll get it back when the bank settles.

 

Westy

[sue day]

Hi,

 

Cheers for that i feel a bit more confident now I try to follow as many threads as i can but it gets very confusing. I have sent a letter declining their offer so lets see what happens now.

 

Thanks for all the help its fantastic to see what support there is out there.

 

Best wishes

 

Sue

[innocent]

Sue,

 

You probably already know this, reading the other threads.... but....

 

dont decline the offer.... well what i mean is...

 

accept only as a partial settlement.... as per letter in my thread and others...

 

(just shows the court that you are doing everything you can to resolve the situation)

 

Cheers

 

Innocent

[natwesttookmymoney]

G'd evening Innocent, m'boy!

Westy

[innocent]

G'd evening sir westy

 

And how are you this evening?

 

Thinking bout a glass of red , and polishing by bank hating skills by reading as many threads as I can here....

 

Might have to sort out my folders too; brought some but they are already too fat for all the info.... lol

 

Natwest/ Cobblers if your reading this "IM READY"

 

Innocent

[natwesttookmymoney]

I thought so hard about a glass or two of red last night I found myself in the bar and ordering them!!

So I'm now having to catch up with (a) CAG correspondence outstanding and (b) work that had been either put to one side or rushed, to cope with CAG stuff, and now either has to be done or re-done!:o

So I'm now keeping a sort of weather eye open for emergencies while I write a deeply meaningful article.

Ho hum

Westy

[Deller]

Thought I'd put my 1000th post in your thread......seeing as though you were good enough to point out how close I was.

[innocent]

WOWOWOWOWOW

 

Im honoured

 

Well, 1000 threads, what does it feel like? Got writing cramp? Eyes sore???

Are you super intelligent now??

 

Sounds like we need some real ale from westy to celebrate and Ally can bring her cheque which we can all gaze at.... LOL

 

 

Cheers and thankyou in honour

 

Innocent

[Deller]

Well, 1000 threads, what does it feel like? Got writing cramp? Eyes sore???

Are you super intelligent now??

Well the eyes are sore.....but that's probably got something to do with last night.

Super intelligent.....somehow I think not

 

Sounds like we need some real ale from westy to celebrate and Ally can bring her cheque which we can all gaze at.... LOL

 

 

I've already taken my pick from Westy's Ale, and by the sounds of things we wont be needing Ally's cheque, 10 quid should do the job.

[innocent]

Hmmmm....

 

I must view his menu again.....

 

[natwesttookmymoney]

How very perceptive.:D:D:D

And we're in the right season for Old Ratfanciers' special Christmas brew - Personalised Lobotomy