ref sam v NatWest

[raf_sam]

Hello All, I'm a bit confused at the mo the the NatWest statements. I;ve been sucessfully in a 2 other cases where I've reclaimed charges but NatWest has confused me.

 

I've sent off for the statments and have got the now. When looking through I get the charges called "Fees - Paid Referral Feers - £25/30/35/38" which I am reclaimin

 

BUT

 

1. There are also ones called "Unarranged borrowing fee - £14, plus a standard £5 "per period" fee and then the intrest which they have deducted. Can i claim for all three of these charges?

 

2. A "service fee" - £6 appears many times too ALONG with the £14 "per period" due to the fee + intrest - claim for these???

 

Many, Many thanks!!!!

[kerriegeorge]

Yes to unarranged borrowing fees

Interest - if youve gone overdrawn directly as a result of their charges you can claim the interest on that amount but its very complicated and most people dont bother as it doesnt usually amount to much.

The £5 per period fee??? Never heard of it??? have u got an advantage gold account - or have u ever had an advantage gold acct?

[raf_sam]

Yes, it is an Advantage Gold Account - I've been following the same process as a normal bank account - is this Ok?

 

 

Cheers!

[kerriegeorge]

yes this is fine - but the £5 service charge will have been the charge for the advantage gold so no u cant claim these back as its a service fee not a charge.its gone up over the years and its now £12. On recent statements the bank include this charge with unarranbged borrowing fee charge so £28 UBF + £12 Advan Gold Fee = £40. Do you get what i am saying? Blaaaaaaaaaa

[raf_sam]

Yes, thanks alot for that info!!! Ill get back in touch if i get stuck. Cheers again!

[raf_sam]

What about an

 

"Unpaid R/P fee" - £30,

 

and

 

"Charges - A/C [MY A/C Number]" - £6/£9/£10/£12/£29/£37/£38/£40,

 

Is this what you where referring to with "£28 UBF + £12 Advan Gold Fee = £40" - if so I understandl but how do i work out what the UBF fee is on all the varying costs??? Thanks Again

[Michael Browne]

Good insider's guide from Natweststaffmember here:

http://www.consumeractiongroup.co.uk/forum/natwest-bank/27521-advantage-gold-unarranged-borrowing.html

[raf_sam]

Cheers! Just what I needed!

[raf_sam]

Hello There,

 

I have just received the following letter(s) for NatWest with regard to claim what I’m owed (this is after I have sent all the letters before, the last being a request for the ‘total amount’ to be refunded)

 

Natwest (two letters, both the same, for two separate Business Account);

 

“…I refer to you letter dated xxx and whilst I note your comments regarding the fees, charges and interest levied on your account since xxx all are subject to the Banks normal charging policy…”

 

“…Items that have been dishonoured because of insufficient fund are returned subject to the standard bank tariff applicable at the time the fee is incurred. Referral charges automatically become applicable if items are in fact paid by the bank but then create “unauthorised borrowing” and again this is covered be the banks normal charging tariffs. Leaflet enclosed…”

 

“…Therefore I regret that we do not feel a refund of fees, interest or charges are applicable on this occasion…”

 

Natwest Credit Card;

 

“...T’s & C’s that you agreed to when opening account do state that if we do not receive your payment by the due date given on your statements or you exceed the assigned credit limit on your account, then interest will be calculated and you will also receive a default charge…”

 

“…NatWest has considered the OFT’s’ view that fees charged by credit card companies are excessive, and do not represent the actual loss incurred…Natwest strongly disagree with the OFT’s’ legal position on default charges has lowered it's late payment and over limit fee for credit cards to £12. Against that background, we must differ to the views expressed in your letter and accordingly, the charged that have been applied to you account will stand…”

 

“…if after 05 Dec 2006 you remain dissatisfied then you can ask the Financial Ombudsman Service to look at you case…”

 

Any tips on what to do next; County Court or are they in the right…?

 

Cheers

[raf_sam]

Hello There,

 

I have just received the following letter(s) for NatWest with regard to claim what I’m owed (this is after I have sent all the letters before, the last being a request for the ‘total amount’ to be refunded) basically they say I can't have it...what next...?

 

NatWest (two letters, both the same, for two separate Business Account);

 

“…I refer to you letter dated xxx and whilst I note your comments regarding the fees, charges and interest levied on your account since xxx all are subject to the Banks normal charging policy…”

 

“…Items that have been dishonoured because of insufficient fund are returned subject to the standard bank tariff applicable at the time the fee is incurred. Referral charges automatically become applicable if items are in fact paid by the bank but then create “unauthorised borrowing” and again this is covered be the banks normal charging tariffs. Leaflet enclosed…”

 

“…Therefore I regret that we do not feel a refund of fees, interest or charges are applicable on this occasion…”

 

NatWest Credit Card;

 

“...T’s & C’s that you agreed to when opening account do state that if we do not receive your payment by the due date given on your statements or you exceed the assigned credit limit on your account, then interest will be calculated and you will also receive a default charge…”

 

“…NatWest has considered the OFT’s’ view that fees charged by credit card companies are excessive, and do not represent the actual loss incurred…Natwest strongly disagree with the OFT’s’ legal position on default charges has lowered it's late payment and over limit fee for credit cards to £12. Against that background, we must differ to the views expressed in your letter and accordingly, the charged that have been applied to you account will stand…”

 

“…if after 05 Dec 2006 you remain dissatisfied then you can ask the Financial Ombudsman Service to look at you case…”

 

Any tips on what to do next; County Court or are they in the right…?

 

Cheers

[Deller]

They're just trying to scare you off.

 

On with the claim!!!

[weebag]

First thing to do is read the FAQ on this site, read other peoples threads, then crack on with your claim.

 

Good luck

 

Mark

[raf_sam]

Is it imperitive that I put the date the account was opened in the "Partsiculars of Claim" in online MoneyClaim form...? I can't remeber the dates and don't have my first statement to look at

 

:confused:

 

Cheers

[redsue]

I just rang and asked them - they gave me the exact date

[zootscoot]

No you don't need the date account was opened. I've not put it in any of my claims.

[raf_sam]

Dear All,

 

I am claiming around £3000 from a Natwest personal account. I have done everything by the book, and am currently at the point with the County Court where they have provided a defence.

 

They, Cobbetts LLP, have filled a defence, and before this had until the 11th Dec to do this.

 

Defence;

 

• This defence is filled and served without prejudice to the Defendants case that the Parts. of Claim do not disclose reasonable grounds for bringing a claim against the claimant to recover the bank charges & interest referred to in the Parts. of Claim, or any other sum. In the event that the claimant does not properly particulise his claim the defendant will apply to strike out the claim and/or for summary judgement in respect of the same.

• No admissions are made as to what charges have been debited to the claimants bank account.

• The claimant is to put strict proof of each and every charge the subject of the claim and must ID in respect of each charge (a) the date, (b) amount and © the description.

• In relation to the allegation that the contractual provisions pursuant to which charges have been applied are unenforceable by virtue of the UCTA 1977 and/or the “Unfair Contract Terms In Consumer Regulations 1999 and/or the common law, the Claimant is required to ID;

I. (a) The sections of the UCTA 1977; (b) Regulations of “Unfair Contract in Consumer Regulations 1999”; and © the principles of common law referred upon by the Claimant in alleging that the contractual provisions referred to are unenforceable; and

II. The contractual provisions that the claimant allege are invalid by the reference to UCTA 1977 and/or the Unfair Contract in Consumer Regulations 1999.

 

Until such time as these sections/etc are ID’d, the Def. cannot (save as appears below) plead to the allegation referred to in Para 4. The Def. therefore reserves it right to plead further to the allegation once (and if) the Claimant Id’s the relevant contractual information.

 

• To assist the Claimant with the proper particularisation of this claim(s), the Def. serves with this defence a request made pursuant to CPR Part 18. If the claimant fails to provide the particulars requests in the time period stipulated and/or the defects with the claim(s) (referred to in Para 1) remain then the defendant will apply to the Court for (amongst other things) an order striking out the claim.

• Pending the proper particularisation of the claim(s) the Def. is unable to plead to the Claimants claim(s) beyond at this stage denying that the Def. is liable to the Claimant as alleged in the Claim or at all. The Def. reserves it's right to amend to plead further to the Claimants claim(s) once or it the Claimant properly particularises the same.

• Save as hereinbefore appears the Defendant joins issue with the Claimant on his claim(s) and denies that it is liable to the Claimant as alleged or at all.

Statement of truth…

 

Also included the CPR Part. 18, with a dealing of December 15th, which is what they want (all above), but it also states;

 

“…In relation to each charge, please clarify the following: (a) is it the case of the Claimant the same should not have been charges? (b) If yes, please explain why the Claimant contends that the same should not have been charged> © If no, is it the case of the Claimant that the same should not have been charged in this amount (d) if yes, please explain why the Claimant contends that the same should not have been charged in this amount and ID the sum the claimant contends should have been charged. (e) If no, please state the claimants case...”

 

Anyone know, or have any idea, what to do next? Please help…

 

Regards.

[Solowka]

its all pretty standard stuff really, i take it you included a schedule of charges with your prelim, LBA, and an interest spreadsheet with your N1? its just scare tactics at the end of the day, as for the CPR.18, look in this thread started by Martin -

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html[url=http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html][/url]

[the white house]

Hi everyone,

 

I called Natwest bank over 10 days ago requesting my statements going back six years. I called Natwest

[the white house]

Hi everyone,

 

I called Natwest bank over 10 days ago requesting my statements going back six years. I called Natwest today to ask why I haven't received my statements yet. Only to find out that they don't have an address to send them to. Ha Ha!!!!! what a joke, I've only been banking with them for 12 years, and they don't have problems posting out demanding letters to me when they need to. So I can't wait to send them a letter when I receive them, I have roughly calculated it to be about £3000.

 

Touch base soon, Good luck to everyone.

 

The White House

[embo]

Hi

 

I'm glad you posted this...You have put my mind at rest (now i know mine isnt any different from any one elses)

 

I had exactly the same defence in the post on Saturday!

Word for word exactly identical - even the date of 15th December...

 

There is a thread by Martin re: CPR Part 18 - I used the letter in there to send back to them.

 

Maybe we will get our money back by X-mas....

 

[raf_sam]

Thats Great Embo...fingers crossed! Keep me posted (on this post...?) about your progress, and ill do the same.

 

Im about to send that letter you referred to by Martin, and also a copy of it, along with a cover letter to the Court Re: Stalling and Intimidation.

 

Regards

[embo]

Ok - will keep you posted!

 

Fingers crossed - and good luck!

 

x

[raf_sam]

Embo,

 

any update? I got my Allocation Questionnaire and Relocation thingy, sending back tomorrow. Starting to get a bit worried now but will continue! :oD

 

Regards

[jonni2bad]

5 threads merged - PLEASE keep all details about this claim in the one thread, otherwise people will not be able to give you accurate advice.