Songbird v Natwest

[songbird]

Got a letter from my 'personal banker' today stating that following a 'review' of my account they had decided to withdraw the Private status and downgrade my account to an ordinary current account.

 

This is so blatently a measure to try to get me to settle! It cantbe a coincidence that they will have just received the MCOL papers.

 

I am copying that letter and the one from Stuart Higley offering the settlement figure and warning me of cosequences of not accepting, to the Financial Ombudsman. I think their games are pathetic. I dont care if I have a Private Account or not with them (I havent used the facilities they offer with the card anyhow) I have been using my parachute account for the last month anyway.

But they have got me angry and they wont like me when I'm angry:-x

grrrrrrrrrrrrrrrrrrrrrrrr

[songbird]

here is what I have sent to the Ombudsman thru their website!

 

I recently complained to my bank NatWest regarding their charges against my Private Banking Account which, over 5 years, amounted to in excess of £4,000. I have made this complaint in writing and asked for an explanation of the actual costs and why I was charged so heavily. No response was made by the Bank so, after a further letter before action was ignored, I issued a claim through the courts for the return of these monies and the interest they accumulated.

I have subsequently received an offfer which falls short of the amount claimed, this offer however included a threat to close my account if I did not settle and withdrawn any claims. I have therefore refused the offer and await the Court proceedings.

The very next day I received a letter from my branch informing me that my Private account was to be closed and the account 'downgraded' to a standard current account.

I believe that these measures are an attempt to pressure me into withdrawing my complaint.

I have been a customer of NatWest with a current account for almost 30 years. I pay for the priviledges afforded the Private Bank Account and have been within my agreed overdraft limit for sometime (in fact I only went over that limit if they suddenly hit me with charges). I have not been a difficult customer so there is no reason for them to take this action other than in retaliation.

I would ask you to look into this matter and ask them to reinstate my account and allow the Courts to make the decision unhindered by their unprofessional actions

Then I gave them all my details.

[WendyB]

Looks good to me! Didn't realise that we could actually complain to the FO via a web site. Will probaly be sending a complaint of my own very shortly....

[songbird]

This is the letter I have followed up with enclosing photocopies of the Bank's correspondence.

 

Further to my e mail today I enclose photocopies of letters received from NatWest Bank which I believe to be retaliatory actions to my reasonable requests regarding bank charges.

Whilst the letter from Customer Relations appears to be consiliatory given that they are offering to settle the dispute with a fraction of the charges you will note that the highlited paragraph contains a thinly veiled threat if I don’t accept! That letter was followed next day by a local branch letter informing me that they are downgrading my Private account to a standard current account.

I would ask your service to look into this matter with a view to instructing my bank to reinstate the account to the level I have paid for. I am not in excess of my agreed overdraft limit nor have I been for some months now.

I understand that your service has taken a poor view in the past of such actions by Banks. It is a blatent attempt to try to bully me into withdrawing a legal action which I have every right to persue as a British citizen.

I have copied this letter to the Customer relations department at Natwest and to my branch in the spirit of co-operation and transparency.

[Parkvale]

If you can. Open another account in a different bank. They obviously don't want your business. Their loss not yours. Good luck.

[songbird]

Thanks, I already did, I have another account which offers me all the advantages of the Premier at NatWest but that wont stop me fighting NatWest from trying to bully me. I have sent hard copies of their letters to the Finanial Ombudsman we'll see what they think.

[Parkvale]

Well done for opening another account, and well done for not letting them bully you. Good luck.

[songbird]

Received a letter from Cobbetts on the last day saying they are to defend the action. Now I expect I get the standard requests for information from them? As my claim before interest and costs is below £5k can I take it through the small claims procedure? What will Cobbets ask for?

 

If they want a fight they have got one!!!!

[songbird]

Looks good to me! Didn't realise that we could actually complain to the FO via a web site. Will probaly be sending a complaint of my own very shortly....

Got a response from FOS to say they are busy but will investigate

[songbird]

Tell him to read about Parkys £25,000 WIN. http://www.consumeractiongroup.co.uk/forum/natwest-bank/83479-11-week-wait-interesting.html#post747812

I have a choice of courts because of where I live, do you think Southampton is better than Portsmouth - given your win???

[Parkvale]

Songbird. What do you mean you received a letter from Cobbetts saying they were going to defend.? Have they sent you a copy of their defense. If so that is usually accompanied with a CPR18 request. If not then you don't have to answer any thing so just wait for the court to give you directions on the next move. Good luck.

[songbird]

I received an acknowledgement with a section saying they would defend

[fendyweather]

Normal, par for the course then. Nothing to worry about. Just wait for the defence from court now. Fendy xxxx

[songbird]

Thanks Fendy, if Parky is there do you have any thoughts on which court to go for????????? I believe you won in Southampton didnt you?

[Parkvale]

I haven't heard anyhting bad about either of them. So your choice. Portsmouth are in the premiership. Does that help you. ?

[songbird]

Ok thanks again. I shall wait to see what happens next.

[songbird]

I am getting very nervous now, Natwest have until Monday to submit their defense!

 

I am hoping they dont make it and I can get the judgment which should mean they settle in full.

 

How close to the line do they leave it usually? Do you think they are prioritising the larger claims - mine is just over £6k but that is including costs and interest, it will qualify for small claims court based on the amount of the basic claim. I used MCOL - the date was actually for Sunday but they say they give an extra day when the due date falls at weekend.

 

If they dont defend and I ask for judgment what happens next????

 

Help!

[hedgey06]

Songbird, please be wary of asking for judgement too soon. Cobbetts very often get their defence in late - and the courts allow them to do so. It isn't fair - but they get away with it. If you file for judgement too soon, you'll find that they'll judge ask the judge for a stay giving them extra time to submit their defence............... but this will also drag the claim on even longer. I know it's hard, but be patient and wait a few days - you'll probably find that they will submit the defence.......... even if it's late!!

[steven4064]

Songbird

 

What hedgey says is absolutely righht. Cobbetts make a habit of pushing the system right to (beyond) the limit. In our case the court told them to send in an AQ on or before the 18th. When did they send it in (I hear you ask)? The 21st. And the court lets them!

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

[songbird]

You were both right!

 

I received the defense papers on Saturday morning. They have sent the standard defense and cpr 18 and 27 request NOW WHAT??

 

How do I get this dealt with by the small claims court

 

If I do get that do I still need to respond to the cpr 18?

 

I assume there are templeates to the responses can u give me the links please????

 

Thanks guys

[bram stoker]

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

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/55874-letter-court-re-cpr18.html

 

Do these help?

[songbird]

Songbird. What do you mean you received a letter from Cobbetts saying they were going to defend.? Have they sent you a copy of their defense. If so that is usually accompanied with a CPR18 request. If not then you don't have to answer any thing so just wait for the court to give you directions on the next move. Good luck.

 

Parky I now have the defense and CPR18 request now what do I do? How do I ask for small claims proceedings?

[Parkvale]

Send them this in answer to their CPR18 request.

As regards Claim No:

I Acknowledge the receipt of the defence posted on behalf of National Westminster Bank plc.I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a CPR Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative. Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. However, for clarity, I confirm the charges I am claiming were applied to the following account:

Account Name:

Account number:

Sort Code:

[songbird]

Great - thanks Parky,

 

I filed my claim thru MCOL do I contact them and ask for small claims track or is this automatically done? When do I ask for my local Court?

 

Sorry I know nothing about these things, its really good to have this support.

 

[songbird]

Thanks for your help, I will get that in the post today!