NatWest (merged)

dontgetmadgeteven_2

Futher to inadequate offer (yesterday's post I have now sent letter as follows:

Dear Mr. Niggely Account xxxxxxx – Without Prejudice

Thank your for your letter dated February 9, received by second class post today offering £x,xxx as a “goodwill gesture”.

We cannot accept your offer as full and final settlement of our claim. We will accept this as part payment and without prejudice, but will continue our claim for the balance. We have made a reasonable effort to settle this claim before issuing a court claim, but you ignored our efforts to settle this. We will now settle only for the full amount of charges + statutory interest + court fee, which now amount to £x,xxx, being paid in full.

We also dispute your assertion that the unlawful penalty charges are in fact “service charges”. As customers we derive no benefit from charges that increase our indebtedness and result in us incurring further interest charges, sometimes at extortionate rates. In fact the charges are themselves largely responsible for the overdrawn amounts that we have experienced over the past six years and the associated interest charges are far in excess of modest statutory interest included in our claim. Because the costs are manifestly not related in any reasonable way to the costs actually incurred by the bank, they are unfair and therefore contrary to consumer and common law.

Thank you also for the details of the banks terms and conditions and charges, which I will return to the local branch for recycling. However, as you will appreciate we do not accept the charges listed insofar as they constitute penalty charges. We are therefore taking steps to dismiss the bank and close all our remaining accounts. We will not accept any such further charges in the meantime.

Yours sincerely

Edinburghlass_2

livvy50 wrote:

If anyone can offer me some advice on how to reclaim charges from Natwest I'd be ever so grateful. Here is my situation:

Current account with overdraft of £2000
Natwest visa card almost to £3000 limit

You just need to follow the tried and tested steps in Martin's article..

Step-by-step Guides: Bank Charges: Reclaim Your Cash | Top New Bank Account Calculator: Charge them interest Template Letters: (right click and save) Ask for charge details |Initial letter | Second letter | Small claims note Get Updates On Important Changes: Free Weekly Money Tip

Edinburghlass_2

Stax wrote:

Hi everyone,

This is my first post, so please be nice to me.

I have a quick question. I have got my statements back from from Natwest and have worked out how much I have paid in bank charges (over £1300). On Monday I will be sending out the letter to ask for them to pay it back. My question is do I send the spread sheet with or without the interest calculated on it.

Regards Stax

Have a read of Martin's audio file in his article regarding starting your claim including the interest.

Step-by-step Guides: Bank Charges: Reclaim Your Cash | Top New Bank Account Calculator: Charge them interest Template Letters: (right click and save) Ask for charge details |Initial letter | Second letter | Small claims note Get Updates On Important Changes: Free Weekly Money Tip

johncolin78

Nice to hear Natwest are settling some people before court. I guess you must have been a lot nicer than me. Congrats!

livvy50

Can anyone tell me if I can ask for Natwest statements for both my current account and credit card in the same letter? Or do the letters need to go to different addresses?

Thanks!

jellybugs

adf8000 wrote:

Hi there I just want to offer some encouragement to anyone who is going through the process or is thinking about it. Yesterday I recieved my cheque from Natwest for the full amount of my claim plus interest plus court costs
(£1632.99). I sent my first letter on 24th November 2006. After no reply I filed my online claim on 7th December. Cobetts filed a defence on the last day of the MCOL deadline and so the claim was transferred to my local county court which cost me an extra £100. I started to get a bit nervous aat this stage but was determined to follow the process through to the bitter end. After recieving my CPR pt 18 request from Cobbetts I sent them a letter telling them I had no intention of replying to their request for further information. Filled out the Allocation Questionaire for the court, sat back and waited. I then recieved two offers the first for £750 and the second for £1054, rejected both before recieving a court date for 23rd April. I also recieved a letter from the court asking me to supply a full schedule of charges that I was claiming were unlawful BUT also ordering the bank to provide its own schedule of charges with full details of their actual costs. At this point I knew I'd won and lo and behold a week later I recieved a cheque for the full amount.

I am so pleased to read how you got on as I am in the very same boat. Filled out my AQ and sent off cheque for £100 of which has now been cashed.

Do I just wait for a hearing date now? Also I have not received a CPR pt 18, what is this please? I had a covering letter from Cobbetts asking that I acknowledge their letter of which I did in writing.

Many Thanks in advance!

jellybugs

Hello,

I am just reading through my copy of the defence by Cobbetts / Natwest and just want to check that I do not have to do anything further with regards to repying in any way. This is what the defence says:

1 The defence is filed and served without predjudice to the right of the defendant to apply for summary judgement in respect of and/or to strike out the particulars of claim.

2. Without prejudice to the non-admission set out in the foregoing paragraph, if and to the extent that the claimant proves the allegation that the defendant debited charges to the claimants bank account, insofar as such charges were debited on a date or dates more than six years prior to the issue of this claim, any remedy in respect of the same, whether damages, restitution or otherwise, is barred by the operation of the limitation Act 1980 and/or the doctrine of laches and the Defendant will apply to strike out this aspect of the claim and/or for the summary judgement.

3. The Defendant is embarrassed by the lack of particularity pleaded in the particulars of claim to the extent that the particulars of claim fail to disclose reasonable grounds for bringing a claim against the defendant. In particular:
3.1 The particulars of claim are incoherent and do not disclose any legally recognisable claim against the defendant.

4. The defendant invites the claimant to remedy the above. In the event that the claimant fails to do so within 14 days of the service of the defence then the defence will apply to the court for an order striking out the particulars of claim.

5. The defendant reserves the right to plead further to the particulars of claim once if the claimant properly particularises the same. In the meantime, it is denied that the claimant is entitled to the relief claimed or any relief whether as pleaded or at all.

All I have done so far is sent an acknowledgement letter to Cobbetts of receipt of their defence.

Is there anything else I need to put in writing to the court or to Cobbetts??

Many Thanks in advance!!!!!!!!!!!!

Rex_Mundi

jellybugs wrote:

Hello,

I am just reading through my copy of the defence by Cobbetts / Natwest and just want to check that I do not have to do anything further with regards to repying in any way. This is what the defence says:

All I have done so far is sent an acknowledgement letter to Cobbetts of receipt of their defence.

Is there anything else I need to put in writing to the court or to Cobbetts??

The defence goes on a lot about the lack of details in your particulars of claim. Just out of interest, what did you put for this?

Sometimes they do this with no reason, but a lot of this defence is about the same thing (4 points out of 5). It's worth putting your particulars here just in case.

Ken.W_2

jellybugs wrote:

Do I just wait for a hearing date now? Also I have not received a CPR pt 18, what is this please? I had a covering letter from Cobbetts asking that I acknowledge their letter of which I did in writing.[/COLOR][/I]

Many Thanks in advance!

If you look closely at the Defence which Cobbetts' sent you, they have probably quoted CPR Pt 18 .. it's part of the Defence and not something which is sent extra to you.

It's important to remember that as you're in the Court process now .. you're only answerable to them on the date of the hearing. When I got to this stage, I didn't bother to write back to them and acknowledge that I'd received their request for more information.

In my very humble opinion, the less you say to them .. the more you appear confident in winning.
Remember: they're trying to make you feel unsure of your Claim against them.

jellybugs

I have just literally sent a letter acknowledging their letter...I ahevonly had the account for 2 years so the part about 6 years prior etc is rubbish.

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.

??

Many Thanks!