NatWest (merged)

jellybugs wrote:

In terms of lack of...I don't have a clue what they could mean about this? I have added up my bank charges correctly and sent a copy of this to them when originally writing to Natwest.

When you first issued your court claim. You had to fill out a particulars of claim. What did you put for this? This is quite important, most of this defence is saying you have provided no details in this. You would need to remedy this if you haven't put enough detail.

jellybugs wrote:

It was a very basic coverage of why I was taking them to court:

I am claiming back bank charges of which I feel are unlawful and not of a true reflection of actual of maintainance of my account when a cheque or direct debit does not clear. I feel that because of these extortionate charges I have been left to bring my account into line and have resorted to taking out a loan to repay an overdraft due to these charges. This overdraft would not have been necessary had I been charged only true costs of such actions takn by my bank.

Again very brief, should I sent a letter with a more detailed particulars of claim and if so how should I word it?

Many Thanks Rex_mundi!

Dont go away, I'm doing a detailed post for you now. You need to act fast and apply to the court to change this wording (it's very badly lacking and I understand why they have defended this way now).

Go into your local county court ASAP. Ask them for form N244. You need to fill this in (and pay a non refundable £35 to submit this).

Here is a guideline for filling out the form......................

Top left hand box:

1. Tick c), without a hearing

Leave the rest blank

Part A:

I ***** (the claimant)

(that....) allows an amendment to the above claim in respect of the claim particulars

(because....) the claimant did not adequately particularise his claim in that he did not specify the common law and statutory provisions upon which the claim relies.

Part B:

tick 'evidance in part C' box

Part C:

Something like;

I respectfully request that the court allows an amendment to my particulars of claim. I understand that my original particulars of claim was lacking in detail, and I would like to submit a more detailed version relevant to my claim.

Please find attached to this application my proposed new particulars of claim, as well as a schedule of the amount claimed in respect of penalty charges levied by the defendant.
.............................................................................................

Along with this form, you need to attach this new particulars of claim (edit the parts in bold)...........

IN THE YOUR LOCAL COUNTY COURT

BETWEEN

YOUR NAME CLAIMANT

And

YOUR BANKS NAME DEFENDANT

PARTICULARS OF CLAIM

1. The Claimant has an account (ACCOUNT NUMBER) with the Defendant which was opened on or around (DATE)

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations 1999. para. 8 and sch. 2(1)(e), the Unfair Contract Terms Act 1977 s.4 and the common law. Further or alternatively, they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £(AMOUNT) and any interest charged thereon;

b) Court costs;

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

I believe that the contents of these particulars of claim are true

Signed: Date:
......................................................................................

Also attach a copy of the list of charges and interest you are claiming for.

Get this to court ASAP. Once this has been accepted by the court, send a copy of the particulars of claim along with a list of charges to the banks solicitors.

Good luck

jellybugs wrote:

That's fantastic thankyou! I still have not heard from the court about a hearing date yet and they only cashed my £100 cheque about 2 days ago, so will go to my local court tomorrow and do this.

Thank-you again! There was me thinking why have Natwest defended my claim and paid out most others..could this be why?

I will be starting the process all over with hubby's account this week so I must ensure that I fill out the particulars of claim thoroughly.

The particulars of claim you are taking into court is different than the one you use online. If you claim online for your husband, see post #6 in THIS THREAD for a guideline to fill out the online application (including a shorter version particulars of claim to use that will fit the online form).

Ammend your own claim ASAP. You still have an excellent chance of a full refund.

You can send in the updated sheet along with the form.