NatWest (merged)

Blushbaby

How long did you all have to wait in between receiving batches of statements??

Becki-Boo_2

cnoelj wrote: »

Yes hold out for all the money - you are entitled to it.

I don't understand at all why the bank's solicitor is asking for your bank details. Perhaps it is a tactic to create uncertainty - best to ignore it.

They have 28 days from the point of service to submit a defence. This means 28 days from the time that the papers were originally served to the bank by the court. The date should be 5 days after you applied through MCOL and you should have had a letter to confirm this.

The bank may not actually go ahead and defend although they have said they will. If you have not heard anything at the 28 day stage you can apply to the court for a judgement by default, basically meaning that you will win because no defense has been mounted.

A common scenario is they will defend but then pull out and pay before the hearing.

Or they will pay up before the 28 days are up.

My thinking is if they are prepared to pay you £6000 a better offer is on its way.

Good luck

Thanks for the encouragement. I will hang in there for the full amount. The 28th day is tomorrow, as this is a Saturday the final day is then moved to Monday 23rd. I shall have a very restless weekend and call just before 16:00 on Monday

I don't suppose you know how long an actual county court case will take if Natwest solicitors put in a defence in time?

Fingers crossed

Becki-Boo_2

phil4321 wrote: »

If they offer you £6500 before you go to court you MUST take it...The judge won't be happy with you if you drag this all the way to court when you've been offered the total amount minus interest...might even make you pay the court costs, etc, for being greedy!...

They didn't offer the full amount of charges, it was still £500 short plus court fee of £250 as they ignored all letters and pleas for return of money until they received MCOL information (at least £750 short plus interest).

bankh8er

Hi

i am in the process of reclaiming from natwest...i filed online with MCOL on 30th april they had until 18th to respond...which they did at the last minute! then yesterday i recieved an offer letter for my full charges less interest,i have just telephoned to enquire as to the reimbursement of my court costs (£120) and was told they "do not refund any court costs as it was your choice to pursue it that far" ?????!!! is this correct?! i am tempted to accept the offer just for the simple fact that it has taken forver to get this far and im not really in a financial position to be stretching it out another 28 days at the least and then who knows how long if it does go all the way...

Thanks

nickmack

bankh8er wrote: »

i recieved an offer letter for my full charges less interest,i have just telephoned to enquire as to the reimbursement of my court costs (£120) and was told they "do not refund any court costs as it was your choice to pursue it that far" ?????!!! is this correct?! i am tempted to accept the offer just for the simple fact that it has taken forver to get this far and im not really in a financial position to be stretching it out another 28 days at the least and then who knows how long if it does go all the way...

It's not your fault they didn't settle outside court. Now you have filed, you are entitled to interest and costs. Ignore what NatWest say, this is rubbish.

Ultimately it's up to you what you do, but unless you're desperate for the money now, I would continue until they pay in full including interest and costs. Their tactics are designed to frustrate you and push you into accepting less and if you do so, although you will get some money, it will not be the full amount. In a way, they will have succeeded in their bullying tactics.

bankh8er

Hi Thanks for your reply...i do agree that its just another bullying tactic from them! unfortunately i think i will just have to sign the form accepting the ammount offered as i had to borrow the court costs to be able to file in the first place and would like to repay those!
At the end of the day i suppose i achieved my full ammount back less interest so alls not lost!

Beate

£120 is an awful lot of money, more than some people claim for, and if I were you I would not let them get away with it! You are entitled to interest and court costs once you file a claim and you will get those if you just hold out a little bit longer!

jayanator

Katie~baby wrote: »

That was me being kind :rotfl: Not had any reply though! Mind you the last one took a week.

Im filing at my local county court instead of mcol and got all my papers through this morning so im gonna fill them out and take them in today :T :j

Well I've just filed my online complaint to the ICO (Information Commissioner) against Natwest as they sent me half of my requested info and even then it arrived in a tatty envelope. They have now had 45 working days to supply me with the requested documents and have failed. Wasn't expecting any other outcome from Natwest really.

Opened my 2 umbrella accounts yesterday so I'm ready for the fight now.

Does anyone know if you can claim charges that are over 6 years old? If so, how?

jayanator

Blushbaby wrote: »

How long did you all have to wait in between receiving batches of statements??

I sent off my original request on the 26th Feb and had half of my requested statements through after a couple of weeks. I am still waiting for the rest to come through and it has now exceeded the 40 day period they are allowed by law.

I contacted the bank after the first lot turned up and they said they would get the rest ordered and sent out but could take 7-10 days. Has now been over 2 weeks since that 2nd request and still nothing so called again and was told that it would take 7-10 days, so I explained to the nice young lady that 2 weeks was in fact 14 days and I had still not had them so she said she would send them out again which would take another 7-10 days. I then told her that I would be reporting them to the ICO if they had not arrived by this morning. No post as yet so filled my complaint earlier today.

dkinealy

Hi ppl,

i filed a claim against Natwest through MCOL and they waited until the last day to defend the case (i am asking for £1,600).

The defence has asked for the following:

1) in relation to each charge please identify
(a) the date when the charge was charged;
(b) the amount of the same;
(c) the reasons given for the charging of the same

2) in relation to each charge please clarify the following: please explain why the claimant contends that the same should not have been charged in this amount and identify the sum the Claimant contends should have been charged.

3)In your claim you state that the charges are: “unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, the Unfair Contract Terms Act 1977 and the common law” and “They must be reasonable under s15 of the Supply of Goods and Services Act 1982”.

Please specify all of the facts relied on by the Claimant in support of the contentions in the above and in particular please identify
(a) the sections(s) of The Unfair Terms Act 1977 (“UCTA 1977”);
(b) the regulations of The Unfair Contract Terms in Consumer Regulations 1999 (“The Regulations”); and
(c) the principles of common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable. Please also identify the contractual provision(s) that the Claimant alleges are unenforceable by reference to UCTA the Regulations.[/I][/I]


I am happy with answering number 1 as all i have to do is go through my charges again and list what they ask for next to each i.e. amount, reason, date (thats right isn't it?)

I am unsure how to answer number 2 as i dont know how much i should state i should have been charged.

I have no idea how to answer number 3.

I have until the 24th April to reply to the courts, but if i could recieve some help on this matter in would be appreciated.

p.s It's a great idea to send a list of your charges with amounts and reasons of the charges to the courts before the banks can respond to your claim.