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NatWest (merged)

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  • jayneg_2
    jayneg_2 Posts: 100 Forumite
    frugalpam wrote: »
    Hiya - I used the following wording:-
    (NOT my work - I think Rex Mundi posted it originally, but I can't find the thread... I'll keep looking for it and edit my post later on.) It worked perfectly :)

    The Claimant has an account XXXXXXXX (put your account number)with the Defendant, opened DATE. Since DATE the Defendant debited charges and interest in respect of purported breaches of contract.Defendant is aware of all details as a list of charges has already been supplied. Claimant contends: The charges exceed the Defendant's losses caused by the breaches; The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. Claimant claims: return of the amounts debited of £XXXX; Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. Costs allowed by the Court.

    Hope that's of help,

    Pam

    PS Yes - it was Rex Mundi's work - see the thread here


    Thanks so much for information. As a matter of interest - has your claim been defended?
    Nat West - MCOL March - FatWest defended - hearing date 4 July - 2300 claimed and still having charges put onto account!!

    HSBC - sent 14 day - still waiting for reply. MCOL by end of week - claiming 795 - eventually paid out £560.

    Halifax - sent for statements Feb - cheque cashed - nothing received - reported to FSA - paid up almost amount claimed before official complaint registered with FSA
  • jayneg_2
    jayneg_2 Posts: 100 Forumite
    jayneg wrote: »
    Thanks so much for information. As a matter of interest - has your claim been defended?

    Sorry - just opened my eyes and read properly that you are waiting for defendant to be served!

    Nat West have defended mine and put it in the hands of their solicitors Cobbetts in Manchester. Got a load of very legal looking documentation from them last week defending the claim. Have replied to them and the court asking for a hearing date ASAP as Nat West have dragged their feet for so long on this - will let you know how it goes. JG
    Nat West - MCOL March - FatWest defended - hearing date 4 July - 2300 claimed and still having charges put onto account!!

    HSBC - sent 14 day - still waiting for reply. MCOL by end of week - claiming 795 - eventually paid out £560.

    Halifax - sent for statements Feb - cheque cashed - nothing received - reported to FSA - paid up almost amount claimed before official complaint registered with FSA
  • stevepal
    stevepal Posts: 14 Forumite
    Part of the Furniture Combo Breaker
    Hello all

    I'm about to start on the reclaim trail from good old Natwest (32 years a customer, but treated as if I joined yesterday). Anyway I thought i'd ring my local branch in Liverpool, only to end up speaking to the Brum call center. When I asked for 6 years statements I got put through to a nice guy would explained that i'd get the statements in two packages, going back to Jan 01, over the 6 year deadline (??? is this OK). He then went on to explain how to sort out the charges owed, gave me the Borehamwood address, but asked if I could be patient because with so many people contacting them it may take up tp 6 weeks to 'get round to me'.
    Now, is he or the bank being good to me (a first if it is!!) or am I missing a trick here???
    First batch of statements have arrived, here we go!!!
  • frugalpam
    frugalpam Posts: 2,514 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    jayneg wrote: »
    Sorry - just opened my eyes and read properly that you are waiting for defendant to be served!

    Nat West have defended mine and put it in the hands of their solicitors Cobbetts in Manchester. Got a load of very legal looking documentation from them last week defending the claim. Have replied to them and the court asking for a hearing date ASAP as Nat West have dragged their feet for so long on this - will let you know how it goes. JG

    That's what I'm dreading - Nastywest defending my claim :(
    Is the documentation difficult to deal with? I hate all the legal mumbo jumbo. I'm just hoping that, as they've made a verbal offer (but nothing in writing) that they'll just pay up. But maybe I'm hoping for too much...

    Pam
  • frugalpam
    frugalpam Posts: 2,514 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    stevepal wrote: »
    Hello all

    I'm about to start on the reclaim trail from good old Natwest (32 years a customer, but treated as if I joined yesterday). Anyway I thought i'd ring my local branch in Liverpool, only to end up speaking to the Brum call center. When I asked for 6 years statements I got put through to a nice guy would explained that i'd get the statements in two packages, going back to Jan 01, over the 6 year deadline (??? is this OK). He then went on to explain how to sort out the charges owed, gave me the Borehamwood address, but asked if I could be patient because with so many people contacting them it may take up tp 6 weeks to 'get round to me'.
    Now, is he or the bank being good to me (a first if it is!!) or am I missing a trick here???
    First batch of statements have arrived, here we go!!!

    I think they've put these staff on some sort of customer care course :rolleyes: But I have to say, I've spoken with some really pleasant and helpful staff over my claim.
    But... the backlog is their problem to deal with. You're within your rights to stick to the timescale advised by Martin. I always ask people in your situation to think back to a time when you may have been experiencing real financial difficulties (if the bank put you there due to all their charges, as happened to me). If you rang and asked for help - time to get some funds together, whether they'd hold back on charges etc - did they ever help you out?
    Good luck with your claim,

    Pam

    Edited to add: At the height of my problems with Natwest, when they were piling on the charges and wouldn't budge or help in any way, I pointed out I'd been a Natwest customer for the past 38 years. I asked them why it didn't appear to count for anything. Their answer was along the lines of all decisions being based on computer scores (or some such rubbish). I felt like saying 'I am not a number, I am a free man (well, woman actually :rotfl: )

    OK, I'm off my soap box and off to bed now :D
  • jayanator
    jayanator Posts: 39 Forumite
    Sent off first letter requesting charges/statements on 25/2/2007. Received all statements relating to Current Account and statements going back 4 years on my old step account, within 2 weeks of the request. Alhough they were delivered in rather tatty random envelopes covered in tape and hand wwritten, not recorded or special delivery just left outside the front door as too big to get through letterbox. Very poor. Actually phoned Natwest the day before to make sure they had received my letter and cheque as I checked on the post office website and wasn't showing as being signed for (was sent recorded delivery). Was told they hadn't got a record of my letter or cheque. Funny that I received the statements the day after then.

    Then rang to request the missing statements and was advised they would be printed and sent out within the next few days. Now 2 weeks later and have still no teceived them. Called tonight to tell them it has now been over he 40 days they had to furbish me with the full 6 years statements and was told that it can take 7-10 days to get them sent out. I said this wasn't good enough and told them if I did not get them by Friday I would be reporting them to the information commissioner. Although I have already sent them my first request with interest letter with all the charges from the already available statements, which totalled £1540. I also informed them on that letter that I hwas still waiting for further statements and they had already breached the 40 day period. I sent that letter last Friday and while I was on the phone to them earlier chasing th missing statements the lady informed me that a letter was sent out today with an offer of £293. hahaha...they must be joking. ITS ALL OR NOTHING NATWEST YOU CRAZY B****RDS!

    So after hearing that I hung up and composed my letters to HSBC, Capital One and Natwest Credit Card.

    I will keep yu all posted on my progress..

    Any advice would be grateful though...I am about to send off the DPA violation letter posted on here in the meantime too....really bombard them with paperwork. I'll take it all the way if I have to as luckily I am in a financially secure position and they cant scare me with offers of anything less.
    Natwest - LBA sent 26/04/07, FO. Sent email to Michael Duncan on 11/05/07. SUCCESS - Offer letter received 19/05/07 for full amount.
    Natwest Credit Card - 1st letter sent 27/4/2007 (£294) SUCCESS - Full amount repaid
    Capital One - 1st Letter 03/2007, FO in Sep 07. SUCCESS full amount repaid Jan 08
  • 2cats_2
    2cats_2 Posts: 49 Forumite
    frugalpam wrote: »
    That's what I'm dreading - Nastywest defending my claim :(
    Is the documentation difficult to deal with? I hate all the legal mumbo jumbo. I'm just hoping that, as they've made a verbal offer (but nothing in writing) that they'll just pay up. But maybe I'm hoping for too much...

    Pam

    Pam just remember that I had started my MCOL which they said they were going to defend but I got my offer letter and payment from them so chances are that the same will happen to you. My husband's offer letter arrived at the weekend 10 days after starting claim, we will wait and see if his money goes in!!
  • hope you have luck but i have just tried with the natwest and today received a letter saying that the natwest is now defending all cases and we have a solicitor letter from the natwest defending the bank charges i need some help if you now of any one
    thanks
  • jayanator
    jayanator Posts: 39 Forumite
    hope you have luck but i have just tried with the natwest and today received a letter saying that the natwest is now defending all cases and we have a solicitor letter from the natwest defending the bank charges i need some help if you now of any one
    thanks

    To be honest I think they are just trying to scare everyone into not requesting THEIR money back. I think it must be starting to financially hurt them and thats why they are desperately trying to put people off claiming the PENALTY CHARGES back.

    They have, after all, no defence as :

    1. 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.

    2. 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.

    Make it clear that you will not be playing their silly games and make it clear you will take them to court and you will get your money back.
    Natwest - LBA sent 26/04/07, FO. Sent email to Michael Duncan on 11/05/07. SUCCESS - Offer letter received 19/05/07 for full amount.
    Natwest Credit Card - 1st letter sent 27/4/2007 (£294) SUCCESS - Full amount repaid
    Capital One - 1st Letter 03/2007, FO in Sep 07. SUCCESS full amount repaid Jan 08
  • boki80
    boki80 Posts: 7 Forumite
    First of all, as this is my first post, I would like to thank you Martin and everyone on this site for plenty of useful information that is I am sure helping a large number of people reclaim the charges from their banks.

    I also have yesterday received a ‘offer’ for the full amount claimed from NatWest, after almost 8 weeks from the date my first letter was sent.

    Initial letter was sent on the 26th Feb 07 to which I have not received a reply. I then sent a second letter on the 2nd April 07 and received a ‘offer’ for the full amount on the 18th April 07. I have verbally been told, on number of occasions, of the offer over the telephone and decided to give them a benefit of a doubt and not start Court proceedings.

    The question now is, how long will it take for NatWest to credit the account, has anyone experienced this?

    Good luck everyone, I am sure you will all get there in the end!

    B
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