My claim against Natwest

[Neo]

A summary of my claim so far as never got round to starting a thread. The bank, as you can see responded very quickly, which meant next step quicker too

 

28/03/2006 - Sent DPA request. Asked to deliver to local branch.

04/04/2006 - Received DPA statements. Totalled charges to £1529.

04/04/2006 - Quickly sent off Prelim letter to Natwest branch manager.

07/04/2006 - Prompt, standard reply received.

07/04/2006 - Again, quickly sent off LBA back to branch manager.

11/04/2006 - A second standard response received.

12/04/2006 - Filed on Moneyclaim site for a total of £1808 inc interest and court fee.

20/04/2006 - Acknowledged Claim. So they have 28 days from Serverd date, which was 18/04/2006.

 

So in general, so far, they have been quite quick at responding to me. Fingers crossed it will stay that way and I wil have a settlement soon. Touch wood!

[Neo]

Ahhh. Just been reading through my claim on the moneyclaim website, which has been sublmitted a while back now. They are on their 28 days... but I have noticed a mistake I have made. The first section iof my particualrs of claim goes like this:

 

"I have a contract with natwest from March 2004 which is conducted on their standard terms and onditions. I am claiming the return of money taken by Natwest in the way of charges in 2005 of £1529. The ban's charges are a disproportionate penalty and...."

 

The 'in 2005' shouldnt be there as it reads that I am claiming only charges for 2005 when in fact the charges are from 2004 and 2005.

 

can someone advise what I should do/if anything here??

 

Thanks

[fallen404]

Contact moneyclaim or the court service to appraise them of the error? Just a thought. I'd assume that they'll tell you that you have to correct and re-submit the claim, since the bank will probably use the technicality to do you over.

[Neo]

To cut a long story short, I made the change with moneyclaim and everything is back on track.

 

In the meantime i have received a response from Corbetts (stock defence written by a 9 year old) with the CPR18 request saying their client cannot identify me, etc. I wrote a sarcastic letter back.

 

Meanwhile I have filled in my Allocation Questionnaire and sent it off. The dealine for them to be back is 3rd June (tmrw, Saturday). I rang the court today and they haven;t received Natwest's Questionnaire...

 

My question is; what will the judge do if he doesn't receive the Questionnaire before the deadline from the defendant?

[mountainofdebt]

So they're playing silly bu$$ers with you as well are they?????

 

As we are working to exactly the same dates, I hung out until yesterday to return the court allocation form (lucky work just up the road from the court!) and asked this very question.

 

Apparently the district judge can order them to return it if he so wishes but I guess that doesn't look too professional - especially coming from a firm of hot shot solicitors such as the ones Natwest are using although I don't know what would happen if they didn't return it at all.

 

One thing strikes me though - if they were so quick to make me an offer (did they with you?) why they haven't responded to my turning it down....surely this is prolonging the agony and the amount that they will have to (eventually, hopefully!) pay out. Do you think the fact that this week has been half term week has anything to do with things.....she says putting 1 and 1 together and getting 62??

[Neo]

They got their Allocation questionnaire in on the last day.

 

I received a copy of it and an iffer letter. They owe me about £1800...

 

Dear Sir,

Our Client: Royal bank of Scotland Plc

Claim Number: xxxxxxxx

We refer to the above matter.

Our client considers that your challenge to its charges would fail in Court. Our client believes that its charges are fair, reasonable and transparent. It considers that the amounts debited to your account have been applied strictly in accordance with your agreement with it and its published tariff, which it is satisfied complies with all applicable laws and regulations. Our client is also committed to ensuring the transparency of the information that it gives to its customers about the operation of its products. As such, our client does not believe that your claim has any prospect of succeeding.

However, as a gesture of goodwill and strictly on the basis that our client rejects and liability to you, it is willing to offer you a goodwill payment of £900.

Acceptance by you of this goodwill payment will be in full and final settlement of your claim against our client and strictly on the basis that:-

• you agree not to disclose to any third party the fact of, or any details relating to, this payment.
  
• You write to the Court withdrawing your claim.

Whilst this letter is written without prejudice save as to costs, in the event that you decline this offer, we will draw this letter to the Court’s attention on the basis that we hold the firm view that this offer is entirely reasonable in the circumstances. This offer will remain open for 7 days until Wednesday 14 June 2006.

We look forward to hearing from you.

Yours faithfully

Cobbetts LLP

Naturally I am declining the 50% offer, but has anyone any ideas how to respond to this? I would like to mention that I will not lose and the judge will not regard it as an acceptable and resonable offer..

Thanks

[Spiceskull]

To be honest I would just say "Thanks for the offer, it is not acceptable. Therefore I will still be pursuing my claim for the FULL amount." Or words to that effect.

 

Go get 'em.

[Neo]

Thanks Spiceskull, thought so

 

"Whilst this letter is written without prejudice save as to costs, in the event that you decline this offer, we will draw this letter to the Court’s attention on the basis that we hold the firm view that this offer is entirely reasonable in the circumstances."

 

I assume the above is just a load of erm, b0110ck5..

[rbrears]

Yep - large ones

 

I got the same letter - in exactly the same terms - at exactly the same stage. Told them to sod off.

 

They are dealing with these claims in bulk - bet there are thousands by now. All of the defences, Part 18 requests and offer letters are exactly the same. There's some monkey at a PC just filling in people's names and addresses and sending them out.

[Neo]

Yep - large ones

 

I got the same letter - in exactly the same terms - at exactly the same stage. Told them to sod off.

 

They are dealing with these claims in bulk - bet there are thousands by now. All of the defences, Part 18 requests and offer letters are exactly the same. There's some monkey at a PC just filling in people's names and addresses and sending them out.

 

Are you waiting for a full setllement now then?

I have posted my reply back already saying thanks, but no thanks!

[rbrears]

Yes. Allocation questionaires have been filed so hoping for a nice letter any day now

[mountainofdebt]

naffed off (putting it very politely!) if they realised that they are being charged an absolute fortune by these solicitors for sending out the same bog standard letter to all the people who are taking them to court.

 

Just to let you know I STILL haven't heard anything re my CPR 18 request...if I haven't heard by friday I will be writing to them and asking them why I haven't heard as their 14 days were up on 5th so I think I'm being very generous personally in leaving it until friday.

 

PS when you say 'nice' rbrears, do you mean from the court or from the solicitors????

[rbrears]

I meant the solicitors Neo

 

And they did - just called me to settle in full

[Neo]

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