Grant v Natwest

[sharongrant1805]

Hi all, today i received a letter from Natwest in response to the LBA letter i sent them, they have just said that they will alert their lawyers. I have just filled in the moneyclaim form and paid the £120 court cost. I really feel apprehensive about all of this, but i get alot of reassurance from reading all your posts.

I am claiming back £2021 in bank charges, i will let you know what happens and hopefully incourage other people to do it, like you all have me.

 

Thankyou

Sharon.

[gizmo111]

Hello Sharon,

 

You are doing just fine so far and I seethat you have started your own thread in NAtwest forum. Any questions you have and any updates post on this thread and someone will be along to help.

 

Good Luck

[gettin'evil]

just keep following the steps and you'll be fine. I received my cheque on Saturday. Its a bit scarey sometimes but come on here and people will reassure/advise you.

 

J.

[sharongrant1805]

Hello Sharon,

 

You are doing just fine so far and I seethat you have started your own thread in NatWest forum. Any questions you have and any updates post on this thread and someone will be along to help.

 

Good Luck

 

Thanks its nice to feel support, as this seems very daunting to me.

 

Sharon

[sharongrant1805]

How long does it take to hear anything after you complete moneyclaim form?

Thanks for all your support, its nice to get reassurance.

Sharon

[sharongrant1805]

just keep following the steps and you'll be fine. I received my cheque on Saturday. Its a bit scarey sometimes but come on here and people will reassure/advise you.

 

J.

 

Thanks for your advise, glad to hear you got your cheque, did you have to pay the £120 court cost?

 

Sharon

[gizmo111]

How long does it take to hear anything after you complete moneyclaim form?

Thanks for all your support, its nice to get reassurance.

Sharon

 

You will receive a notice of issue in the next few days - which will show key dates - 1st isdate deemed served - 2nd is date they have to acknowledge by - 14 days after deemed served.

 

If they acknowledge in 14 days they have a further 14 days to file defence - so in effect 33 days before you receive defence and AQ.

[sharongrant1805]

Hello Sharon,

 

You are doing just fine so far and I seethat you have started your own thread in NatWest forum. Any questions you have and any updates post on this thread and someone will be along to help.

 

Good Luck

 

Hi Gizmo, i am really worried and wondered if you could advise me, i have just noticed that i didn't put my account number or sort code on the money claim form, will that create any problems. would they be able to trace my details from my name and address which is on the form.

 

Thanks in advance

 

Sharon:x

[gizmo111]

Senda covering letter to MCOL - stating your account no and sort code and send a schedule of charges as well. What exactly did you put in POC?

[sharongrant1805]

Senda covering letter to MCOL - stating your account no and sort code and send a schedule of charges as well. What exactly did you put in POC?

 

I have sent an email with a shedule if the charges attached. I am not sure what you mean by POC

 

Sharon

[gizmo111]

I have sent an email with a shedule if the charges attached. I am not sure what you mean by POC

 

Sharon

 

particulars of Claim - who did you send e-mail to?

[cheddar]

Particulars of Claim, this is what you put on your claim form or MCOL when you file your claim. This is what you should have put: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

[sharongrant1805]

particulars of Claim - who did you send e-mail to?

 

on the moneyclaim site they email address comes up under the help button, was this not the right thing to do?

The POC box was already filled in, with indicators where to put the date and amount claiming for. Feel i have rushed it now and not read properly.

[gizmo111]

on the moneyclaim site they email address comes up under the help button, was this not the right thing to do?

The POC box was already filled in, with indicators where to put the date and amount claiming for. Feel i have rushed it now and not read properly.

 

Bit confused sharon it was already filled in with what text - what did you actually put?

[sharongrant1805]

Particulars of Claim, this is what you put on your claim form or MCOL when you file your claim. This is what you should have put: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

 

Really pleased for you that you have received your cheque. I feel i have made a mistake and rushed into filling the MCOL form. Really worried now.

[cheddar]

The thing is until you tell us what you put in the box entitled: Partculars of Claim we can't advise you, are you saying you left it blank?

[gizmo111]

Really pleased for you that you have received your cheque. I feel i have made a mistake and rushed into filling the MCOL form. Really worried now.

 

Well done Cheddar

but what did you actually put on your claim sharon?

[sharongrant1805]

Bit confused sharon it was already filled in with what text - what did you actually put?

 

Gizmo i have made a big mistake, and i am not sure how to correct it, i just assumed that in the POC i only had to fill the brackets in, which were the amount i am claiming and the dates from and to. after re reading it now and reading your posts, i realise i should have put my own paragraph in there to say exactly what i am claimig for.

 

not sure what to do now!!!

[gizmo111]

Hi Sharon,

 

Unfortuneatly as you ahve submitted your claim with no legal basis for it you will have to submit an N244 to the court with the corrected particulars. You have the link above above which Cheddar kindly posted and the N244 can be downloaded from here http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForms.do;jsessionid=CB1C579887F545ACC22FBEFA54B30826

 

You wil have to pay £35 to amend POC, and this is not recoverable, but at least you realised it now and ther should be no danger if you fill in the N244 correctly of your claim being struck out.

 

Good Luck

[sharongrant1805]

Hi Sharon,

 

Unfortuneatly as you ahve submitted your claim with no legal basis for it you will have to submit an N244 to the court with the corrected particulars. You have the link above above which Cheddar kindly posted and the N244 can be downloaded from here http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForms.do;jsessionid=CB1C579887F545ACC22FBEFA54B30826

 

You wil have to pay £35 to amend POC, and this is not recoverable, but at least you realised it now and ther should be no danger if you fill in the N244 correctly of your claim being struck out.

 

Good Luck

 

Thank you so much for your help, i have filled in the n244 like you advised me. And requested to amend POC, i used the wording that Martin Lewis recommended on his site. I feel a bit stupid now, but it was because i rushed it.

 

Thanks again.

 

Sharon

[gizmo111]

Thank you so much for your help, i have filled in the n244 like you advised me. And requested to amend POC, i used the wording that Martin Lewis recommended on his site. I feel a bit stupid now, but it was because i rushed it.

 

Thanks again.

 

Sharon

 

what wording from Martin Lewis ?- please post herer what you are sending before hand just to make sure all angles are covered.

 

Thanks

[sharongrant1805]

what wording from Martin Lewis ?- please post herer what you are sending before hand just to make sure all angles are covered.

 

Thanks

 

This is the wording I used. Obviously filling the blue bits with my info and deleting red bit.

 

 

PARTICULARS OF CLAIM

 

1. Between the dates of [insert dates of first and last charge] the Defendant applied numerous default charges to the Claimant’s [This means you because you are the person claiming the money] bank account.

2. The charges applied constitute an unfair penalty under the Unfair Terms in Consumer Contracts Regulations, which state: “A term is unfair if it requires any consumer who fails his obligation to pay a disproportionately high sum in compensation”. The amount charged does not reflect the cost of the breach.

3. Under the law of penalties, the charges are an unlawful ‘extravagant’ penalty. Referring to the case of 1896, Wilson v Love, a charge is a penalty if it does not reflect an item’s true cost.

 

4. Under the County Courts Act 1984, the claimant is entitled to interest at a rate of 8% per annum from the date they were first deprived of the money to the date of this claim. This amounts to a total sum of [insert amount of interest], continuing to accrue at the statutory daily rate of 0.021% until judgment or earlier payment.

 

5. The Claimant therefore asks the court to enter judgment in their favour for the sum of [insert total charges] plus interest, amounting to a total of [insert total charges plus interest].

[sharongrant1805]

Have a look at the N1 particulars of claim in my signature.

 

The daily rate in Martins is incorrect and the whole interest sentence is incorrect.

 

I'll post the two side by side so you can compare

 

Thanks for letting me know, I have now noted this.

 

Many Thanks

 

Sharon.

[sharongrant1805]

Hi all, i wondered if someone could throw some advice my way as to what i need to send to MCOL, Natwest and the Court, is it just my schedule of charges, or should I send a copy of the claim form, n244 form and the schedule????:o

 

Many Thanks

 

Sharon

[sharongrant1805]

Hi Sharon,

 

Unfortuneatly as you ahve submitted your claim with no legal basis for it you will have to submit an N244 to the court with the corrected particulars. You have the link above above which Cheddar kindly posted and the N244 can be downloaded from here http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForms.do;jsessionid=CB1C579887F545ACC22FBEFA54B30826

 

You wil have to pay £35 to amend POC, and this is not recoverable, but at least you realised it now and ther should be no danger if you fill in the N244 correctly of your claim being struck out.

 

Good Luck

 

Dear Gizmo,

 

i received letter from the court today, in responce to the N244 form, asking me to complete a new N1 form. I have now done this and used the wording Karnevil from this site recommended to me. i feel alot better now that i have done it right. i want to thank you because with out your help my claim probably wouldn't have gone through. i felt like such an idiot, but hopefully will make anyone else claiming take a bit more care than i did.

 

 

Thanks again.

 

Sharon :p