Do I Resend the letter

[Guy]

Hi All,

 

I sent an amended version of the template to the manager of my Natwest bank on Weds last week. After reviewing said letter (after it was sent) i spotted that in my eagerness to get even i hadnt dated it!!

 

So having given them 40 days to send me the list of charges they have an out in that there is no from date on the letter.

 

Should i wait and see if they respond or should i resend possibly higher up the chain and via recorded delivery?

 

Guy

[Guy]

Hi All,

 

I sent an amended version of the template to the manager of my Natwest bank on Weds last week. After reviewing said letter (after it was sent) i spotted that in my eagerness to get even i hadnt dated it!!

 

So having given them 40 days to send me the list of charges they have an out in that there is no from date on the letter.

 

Should i wait and see if they respond or should i resend possibly higher up the chain and via recorded delivery?

 

Guy

[BankFodder]

better to resend it for the avoidance of doubt.

[BankFodder]

better to resend it for the avoidance of doubt.

[Guy]

Amended the letter and re-sent ensuring date ok.

 

Sent it recorded delivery just to be sure.

 

Now will wait and see.

[Guy]

Amended the letter and re-sent ensuring date ok.

 

Sent it recorded delivery just to be sure.

 

Now will wait and see.

[Guy]

Hi all,

 

I recieved a response from Natwest today, Similar letter to pothers around on the Forum this one directly from my bank manager. Usual stuff, have reviewed ypour account.... correct in our policy....We will NOT be looking to refund the charges.... Will send the last 6 years statements.

 

Followed by a list of charges and bank procedures.

 

Am now awaiting the statements ready for stage 2.

 

Guy

[Guy]

Hi all,

 

I recieved a response from Natwest today, Similar letter to pothers around on the Forum this one directly from my bank manager. Usual stuff, have reviewed ypour account.... correct in our policy....We will NOT be looking to refund the charges.... Will send the last 6 years statements.

 

Followed by a list of charges and bank procedures.

 

Am now awaiting the statements ready for stage 2.

 

Guy

[Guy]

Recieved statements at the weekend and put all the charges into the spreadsheet.

Natwest owe me £1573.

Have sent a letter b4 action asking for full refund else i will pursu in the courts.

[Bookworm]

Good luck... although if you've added 8% (I assume you have, since you say you have used the spreadsheet), you really shouldn't have at this stage, it's only once you start court proceedings... But hey, you never know

[Guy]

The £1573 is without the interest. Have given them the opportunity to pay but advised them that interest and costs will be applied if i go to court. That brings it up to over £1900 8)

[Bookworm]

Cool.

[Guy]

This morning recieved two letters from banks - one from barclays (see thread under Barclays) and one from Nat west.

 

Natwest bank manager is thankuing me for my letter and are sorry for the dissatisfaction they still believe their charges are "fair, reasonable and transparent.We consider tht the amounts debited to your account have been applied strictly in accordance with your agreement with us and our published tariff, which we are satisfied, complies with all applicable laws and regulations. we are also committed to ensuring the transparency of the informationthat we give to our customers about the operation f our products."

 

They go on..

 

"However, if you disagree, please let us know the date(s) and amount(s) of any particular items thta you dispute. we will be pleased to reinvestigate. Unless we hear from you in this regard, the charges debited to your account must stand."

 

My lettr before action gave them 14 days - 6 to go. I will respond to this letter giving them a copy of the items in question, ask once again for a breakdown of their 'transparent' costs and advise thta i will file my claim as planned should they not refund in full.

 

8)

[Guy]

Today filed via Moneyclaim.

 

Total £1931.22 Inc interest Plus £120 court costs.

 

[Guy]

Checked status of claim today. Natwest have aknowledged as of 28th. Gives them a further 28 days to defend i suppose.

 

Now at that nervous stage - They have acknowledged and have ticked the - I intend to defend all of this claim box. According to the steps they will either now - pay up, wait until the last minute of the 28 days, and pay up, miss the deadline and have to pay up or file a defence and take me to the court.

 

F*** hope they pay up. Soon!

 

Barclays are cracking a bit though (see thread in Barclays) have offered just under 50% of that claim. REfused of course!!

[Guy]

Recieved NW defense today - last day of their 28.

 

They are defending as follows.

 

1. They admit i have the account

2. The account is governed by a written contract

3. They admit that they have applied various charges

4. The charges were applied in accordance with teh terms of the contract

5. It is denied that any terms of the contract are a disproportionate penalty. The defendant reserves the right to plead further on this issue following receipt of the claimants response to the defenses request for further information.

6. It is denied thta the chgrges applied pursuant to the contract were "unfair" or otherwise unenforceable

7. It is denied that the claimant is entitled to the relief claimed or to any other relief.

8. Save as is expressly admitted above, each allegation contained in the particulars of the claim is denied.

 

They request further information as follows:

 

Of:

'The banks charges are a disproportionate penalty and therefore unenforceable as tehy are contrary to common law"

 

1. Please identify with precision the contractual terms that the claimant alleges to be a disproportional penalty'.

2. Please specify all of the facts relied on by the claimant in support of this contention.

 

I have till the 8th of May to respond.

 

OK guys i need some expert help here please. On point 1 i presume i will need a copy of the contract or a copy of a NW contract??

point 2 should be listings of all relvant cases, copys of all charges, OFT etc.

 

The claim is currently in the Northampton County court - how and when can i get this changed to my local court - Camborne or Truro i suppose.

 

I did see a similar thread with almost exactly the same response any ideas how that one is going.

 

Guy

[ceborame]

Sorry I can't help but I think this is quite important, so I hope someone will respond with advice.

 

Regards

 

Mick

[Guy]

Have now received teh Allocation questionaire - proceedings have been moved to Penzance court.

 

Have also recieved allocation questionaire for Barclays also moved to Penzance.

 

Have until the 14th to complete and return.

here we go here we go here we go....

[Candice]

Hey matey,

 

Don't reply to the CPR Part 18 request they made, you don't have to!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=5292

 

HTH

[closey]

Hi Guy,

 

I think it'll be worth your while following this thread:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=5518

[Guy]

Thanks all.

 

Have been folowwing the mentioned threads and been in contact with BF.

 

Will update again later.

 

Thanks

[Guy]

Recieved an off of just about half my claim this morning from Kay Standidge.

 

She believes that my challenge to the charges would fail in court and that they are reasonable and transparent.

As agesture of goodwill they will offer a payment in fuill and final settlement if i agree not to disclose to any third party details of the payment and if i write and withdraw the claim.

 

She goes on to say tht this is an open offer and that should i decline, will draw it to the courts attention as she beleives it is a fair offer.

 

I have till the 4th to decide.

 

Decisions Decisions. Stick or Twist??

[deeian]

Its up to you really, are you happy with only getting half your money back? Have a look at Bookworm v Natwest. Might inspire you.

[polar_b]

I think this way of dealing as NatWest are displaying is a bit underhand. First trying to scare you by suggesting your claim will not stand up in court and then offering you a full "refund".

 

I guess you have to weigh up the pros and cons as to how to proceed. Most people here seem to have taken the money and withdrawn the claim. If it was me I would do the same as I would get my money and not have to do anything more. If it goes to court and you do win then you won't get any more back anyway. So if you really wish to prove a point then proceed but if you simply want your money back I would accept their offer and be done with it.

[deeian]

But they've only offerd him HALF of his money back