Rov Vs Natwest

[Ronaldo2k]

Hi guys / gals,

 

Just going to keep everyone updated of my claim if thats OK.

 

I spoke with NatWest and requested all my statements. A small charge of a Fiver.

 

It seems that I am owed £1259.00.

 

I sent the Claims form in and I should have a response by the 25.10.06

 

Will keep you all informed if thats OK

 

Cheers,

 

Ron

[Guest NATTIE]

Good Luck

[Ronaldo2k]

Many Thanks.

 

Actually, I wonder if you may be able to advise.

I recently paid up my Natwest Credit Card as a settlement figure.

 

Would I still be able to claim late fee's, over limit fees etc?

 

Checked the Royal Mail Website today and it confirms that ALL letters (MBNA, HAlifax, Cap 1, Natwest, and Natwest Visa) were delivered and signed.

 

The ball is now rolling

[Guest NATTIE]

Yes

[Ronaldo2k]

Great News

Cheers

[Ronaldo2k]

Hi Guys,

 

I had a response from Natwest today (Andy Sindon).

 

Basically tells me to sod off.

 

However, after reading the following paragraph

 

"The Bank reviewed the report prepared by the Office of Fair Trading and our comments have been submitted accordingly. However, any revised charges that have arisen as a result are directed only at credit cards and will not be applied retrospectively or to other accounts"

 

Then goes onto say thanks very much for writing but you aint getting squat matey.

 

Does the above paragraph mean that my claim is dead in the water? Seems like they have got it in their favour!!

 

Cheers,

Ron

[Wheresmewallet]

It looks like a sod off type of letter/paragraph to me

 

I'm presuming your letter you sent following the arrival of all your statements was the Preliminary Letter with the schedule of charges and interest?

 

If so, the next stage I would imagine is the Letter Before Action

[Ronaldo2k]

It looks like a sod off type of letter/paragraph to me

 

I'm presuming your letter you sent following the arrival of all your statements was the Preliminary Letter with the schedule of charges and interest?

If so, the next stage I would imagine is the Letter Before Action

 

Yup, thats right. I paid £5.00 for all the statements and calculated that I am owed about £1250. I then sent a Preliminary approach for repayment.

 

The above is part of the response. I was reading the Letter before Action just now. Am I required to send this back in response?

 

If so, I need to amend as they have responded as well as stated that they feel their charges are justified and not against the law.

 

Regards,

 

Ron

[Wheresmewallet]

Most certainly. If you are using the LBA template from the library, adjust it with your own details. This is the one I sent with a bit of editing:

 

Dear Sir/Madam,

ACCOUNT NUMBER: ********

We are very disappointed that you have failed to appropriately respond in a satisfactory manner to our letter dated the DATE.

Further to your communication by letter dated DATE. We acknowledge your offer of a full and final settlement to the sum of £***, but unfortunately we do not accept this offer.

We now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

We would draw your attention to the terms of the contract which you agreed to at the time that we opened our account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

We are frankly shocked that you have operated our account in this way as we had always reposed confidence in your integrity and expertise as my fiduciary.

Having revised our account to the date of this letter. We calculate that you have taken£****.**in charges from our account, and £***.** in interest. This adds up to £****.** . We are enclosing another copy of the schedule of the above charges to which we are claiming.

We require repayment in full of this money to the sum of £****.**. If you do not comply fully within 14 days from the date of this letter, then we shall begin a claim against you for the full amount plus interest and any costs and without further notice.

Not sure what your 14 day timescale is from the Preliminary approach you made. It is up to you, but I'm sure you may as well send your LBA off today with the charges schedule attached to this as it is obvious they are not going to pay up

[Ronaldo2k]

Most certainly. If you are using the LBA template from the library, adjust it with your own details. This is the one I sent with a bit of editing:

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: ********

 

We are very disappointed that you have failed to appropriately respond in a satisfactory manner to our letter dated the DATE.

Further to your communication by letter dated DATE. We acknowledge your offer of a full and final settlement to the sum of £***, but unfortunately we do not accept this offer.

 

We now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

We would draw your attention to the terms of the contract which you agreed to at the time that we opened our account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

We are frankly shocked that you have operated our account in this way as we had always reposed confidence in your integrity and expertise as my fiduciary.

 

Having revised our account to the date of this letter. We calculate that you have taken£****.**in charges from our account, and £***.** in interest. This adds up to £****.** . We are enclosing another copy of the schedule of the above charges to which we are claiming.

 

We require repayment in full of this money to the sum of £****.**. If you do not comply fully within 14 days from the date of this letter, then we shall begin a claim against you for the full amount plus interest and any costs and without further notice.

Not sure what your 14 day timescale is from the Preliminary approach you made. You may as well send off your LBA off today with the charges schedule attached to this as it is obvious they are not going to pay up

 

Will get this off 1st thing on Friday. Many thanks for the advice!!!

Ron

[Ronaldo2k]

Right, LBA just sent.

 

Have until the 3rd then off to court for me!!

[Ronaldo2k]

Hi all,

 

Well still waiting to hear back from Natwest. This is a nightmare all this waiting. Not the most patient person at the best of times!!

 

I have registered with MCOL as it seems that this will be the next step with Natwest. DOnt seem to want to play ball and going to fight it. Well, they could just save themseleves the court costs and give me the cash but hey ho. Do I open a case then complete the N1 form?

 

I have noticed that I have yet to receive a response from MBNA or Halifax Visa actually, even though the cheques were cashed over two weeks ago. They do have until the 8.11 to respond but I assumed that as the Cash was taken they would respond soon after. Am I being gulliable

 

Regards,

 

Ron

[Ronaldo2k]

Hello Again,

 

Sorry to sound like an idiot. But I am a tad confused.

 

As you may see from abive thread, I recived a lovley letter from Natwest basically saying Do One.

 

I responded with a LBA.

 

By the looks of it, it will goto the Small Claims Court via MCOL.

After reading through the guidelines I presume I should add 8% interest to the figure of about £1262.00 as well as the £120 pounds court fees.

 

The problem I have is my maths is poor. I can do all the basic counting etc but wouldnt have a clue as to how I would work out the Interest.

 

Also, I am just claiming on a bank account not a credit card. Would the 8% still be relevant?

 

Many thanks for any avaliable help,

 

Best regards,

 

Ron

[Guest NATTIE]

8% is statutory daily interest at MCOL in section under the FAQ's section as it will help calculate interest. Love the name by the way

[Ronaldo2k]

8% is statutory daily interest at MCOL in section under the FAQ's section as it will help calculate interest. Love the name by the way

 

Thanks very much

Not the Little Portugese Manc by the way, the great Brazilian in his Heyday 8-)

[Ronaldo2k]

Morning,

 

Just to keep you all updated.

 

Response from Mr Sinden himself today!!

 

"Thank you for your letter dated 20.11.06. I am sorry that we seem unable to resolve your dispute with the bank over charges applied to your account.

 

It is inappropriate for me to repeat our legal position regarding charges and fees. Our written response to you dated 16.11.06 made our our position very clear and we are aware that you do not agree with the banks stance on this matter.

 

I understand from your letter that you now intend to instigate legal proceedings against the bank. If this is your intention please present court papers to the following address".

 

Kinda worried here guys as Mr Sindon sounds quite cool and calm about this.

Can anyone advise?

 

Many Thanks,

 

Ron

[Guest NATTIE]

Standard letter so its time to sue them and get YOUR money back

[Ronaldo2k]

Just the response I wanted. Many thanks, your a star

[Ronaldo2k]

Afternoon all,

 

Just a brief query.

 

As you can see from above, I have decided to press on and claim my Cash back from Natwest. Seems like they want to go round the garden so I will be completing a MCOL form on Friday 27.10.06

 

However, just to clarify, am I also required to complete a N1 form? Or do I just complete the MCOL and wait for a response?

 

Many thanks,

 

Ron

[cheddar]

No you can use either the MCOL process or the N1 I and many others think the N1 is better as you can fit the full POC on it and it just looks better! lol! But it is one or the other. If you don't have to pay court fees you have to use an N1 though as well as filling out the EX160.

[Ronaldo2k]

No you can use either the MCOL process or the N1 I and many others think the N1 is better as you can fit the full POC on it and it just looks better! lol! But it is one or the other. If you don't have to pay court fees you have to use an N1 though as well as filling out the EX160.

 

Ahh well it accumaltes to over £1000 so I have to pay fees. Which I hasten to add, I will be adding to the overal sum

[ataction]

I have just submitted MCOL, so looks we are on a similar time scale.

[Ronaldo2k]

Will be doing mine tonight when I get home.

 

This is fun!!!

 

OK to keep me updated of your progress? (And Vice Versa)

[ataction]

Yes will do. Bit of a waiting game now.

[Ronaldo2k]

Just to confirm.

 

I only submit the MCOL at the moment. I do not submit the amounts + interest until contacted. Is that correct? Do I also add the £120 Court Fee to the general claim?

 

Just wanted to confirm

 

Regards,

 

Ron