NatWest (merged)

frugalpam

kate2510 wrote: »

Originally Posted by frugalpam
I got a notice from the Court today - 'Notice that Acknowledgement of Service has been filed'. I got a copy of it, and Cobbetts Solicitors have indicated they intend to defend all of my claim. Bear in mind that a week ago - a week after the claim was served on them - they offered me a goodwill payment that equalled the amount I was reclaiming in fees.

Hi Pam,
Did you get the offer of a goodwill payment in writing?

Is this 'defence' just a delaying tactic because at this stage they have nothing to lose?
Are they turning the screw to ratchet up the pressure on the claimant and
increase stress?
Are they hoping that some new legal loophole will emerge or ruling will be given that will release them from responsibility for some or all of the charges or mean we have to start all over?
My NatWest overdraft is very nearly the same amount as I am reclaiming -
I'd love to be free of RBS/Natwest.

Hi Kate - yes, I got the goodwill payment offer in writing, a week after I'd filed a claim under MCOL (Natwest had ignored my previous letters, where I'd told them what I intended to do, and when)
I think their 'defence' is just a bloody minded stalling tactic. They are aware that, when it gets referred to the local court, it will take a while for the case to be heard. I'm quite sure they hope people will back down due to the pressure, which is why we should all stand firm and not be brow beaten into accepting less of a settlement.
As for some legal loophole or change in ruling........ I think it'll be many many months before any new ruling happens, as that would have to be made at a very high level in the Court system and various processes gone through before it reached that stage. Did I read somewhere that the OFT are conducting a lengthy investigation which is going to take until the end of the year, at least ? And if there'd been a legal loophole, they'd have found it by now.
When (not 'if' ) I get my money back off Natwest it'll clear my overdraft also.

Keep fighting!

Pam

Hippolyta_2

frugalpam wrote: »

I think it'd be fine to just send in a list of the charges and interest as at the date you're sending it in to MCOL. Actually, that's what I should have done - the list I'd sent in was a couple of weeks old, and the interest will have gone up anyway.
Once the claims are hopefully proved in our favour, I'm wondering if the Courts automatically work out the interest due, on the day of the judgement. I did ask that question here on the forum a while back, but no-one came back to me on it.

Pam

Thanks, was wondering the same thing about the courts working out interest, just have to wait and see i suppose. Do you think i should send the list of charges and interest to MCOL now, or wait untill Cobbetts request it and send it to them both then? Want to avoid making the process longer wherever possible.

frugalpam

Hippolyta wrote: »

Thanks, was wondering the same thing about the courts working out interest, just have to wait and see i suppose. Do you think i should send the list of charges and interest to MCOL now, or wait untill Cobbetts request it and send it to them both then? Want to avoid making the process longer wherever possible.

Hiya - I sent the following letter to MCOL, as I read elsewhere it could save time later on. Hope that helps,
Pam

Dear Sir/Madam

************ –v- National Westminster Bank PLC
Claim No: ********
Date Issued: **/**/2007

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £xxxx.xx

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours faithfully,

jks2301

hi all
on wednesday i filed for judgement by default as no defence was entered
does anyone know how long is reasonable to wait if payment immediatly was reqested
thanks
jks

cheekygirl_3

Hi Wanderjo, I was pleased to see your success with Natwest, congratulations.

I'm with Natwest and am having nothing but trouble with them re DD. I had a new DD claim on the 4th May for £1.00. They wouldn't send it out as i was 0.11p short of the £1.00. They charged me £38.00. I live on Incapacity benefit so obviously cannot afford these charges. I rang the bank about the charges and they also told me that apart from being charged the initial £38.00 at the end of May they are going to send me a letter of notification that there wasn't enough funds for the DD, they have NEVER DONE THIS PREVIOUSLY. This letter is going to be charged to my account in the sum of £28.00, so for the sake of 0.11p the total charges for this transaction is going to be £66.00. I was completely gobsmacked and i'm not going to let them get away with it.

I'm totally and utterley fed-up with Natwest, but at the same time it looks like all the banks are making these sort of charges. No wonder their profits keep going up and up and if it wasn't for the general public using banks they would be out of business.

Anyway, once again congratulations on beating the system.

Best wishes, Cheekygirl.

Kurt_Hamster

cheekygirl wrote: »

Hi Wanderjo, I was pleased to see your success with Natwest, congratulations.

I'm with Natwest and am having nothing but trouble with them re DD. I had a new DD claim on the 4th May for £1.00. They wouldn't send it out as i was 0.11p short of the £1.00. They charged me £38.00. I live on Incapacity benefit so obviously cannot afford these charges. I rang the bank about the charges and they also told me that apart from being charged the initial £38.00 at the end of May they are going to send me a letter of notification that there wasn't enough funds for the DD, they have NEVER DONE THIS PREVIOUSLY. This letter is going to be charged to my account in the sum of £28.00, so for the sake of 0.11p the total charges for this transaction is going to be £66.00. I was completely gobsmacked and i'm not going to let them get away with it.

I'm totally and utterley fed-up with Natwest, but at the same time it looks like all the banks are making these sort of charges. No wonder their profits keep going up and up and if it wasn't for the general public using banks they would be out of business.

Anyway, once again congratulations on beating the system.

Best wishes, Cheekygirl.

You may wish to write to them and inform them that by doing what they stated they will be breaking the law, i.e. they will be contravening the Social Security Administration Act 1992, Section 187.

What I suggest you do is go to your local branch on the morning your InCap is paid in and withdraw the total amount of that benefit. They cannot stop you doing so, although they will try, relying on your likely ignorance of the SSA Act.

If you go here...

http://www.consumeractiongroup.co.uk/forum/general-debt/36790-bank-taking-your-benefits.html?highlight=social+security+administration+act

...you will find a letter you can send them the day before you go in and hobble their greedy mitts even more!

Tim_H

:wave: Hi all,

This is my first post on the site, have scoured numerous threads for an answer to my Q's to no avail, my eyes are sore from looking at my monitor!!
Have gone through the process of reclaiming my bank charges from Natwest, used the MCOL website, Natwest filed a defence. Received a letter from Cobbett's solicitors on Thurs 3rd May baffling me with legal jargon, 2 days later received a letter from Natwest offering me as a goodwill gesture £801.00.
Am unsure what to do, the amount I've been offered is the total amount I'm owed minus interest & court costs which totals £1136.03. Also Cobbett's have asked for a breakdown of the costs & reasons why I've been charged.

Sorry for babbling but trying to give as much info as poss in the hope someone can HELP!

My questions are... should I carry on pursuing my claim, am I likely to receive the interest & court costs, what response do I give Cobbett's?

Any help would be greatly appreciated.

Ta.

frugalpam

Tim_H wrote: »

:wave: Hi all,

This is my first post on the site, have scoured numerous threads for an answer to my Q's to no avail, my eyes are sore from looking at my monitor!!
Have gone through the process of reclaiming my bank charges from Natwest, used the MCOL website, Natwest filed a defence. Received a letter from Cobbett's solicitors on Thurs 3rd May baffling me with legal jargon, 2 days later received a letter from Natwest offering me as a goodwill gesture £801.00.
Am unsure what to do, the amount I've been offered is the total amount I'm owed minus interest & court costs which totals £1136.03. Also Cobbett's have asked for a breakdown of the costs & reasons why I've been charged.

Sorry for babbling but trying to give as much info as poss in the hope someone can HELP!

My questions are... should I carry on pursuing my claim, am I likely to receive the interest & court costs, what response do I give Cobbett's?

Any help would be greatly appreciated.

Ta.

Hi - welcome to the forum.
I got a letter from Natwest a week after my MCOL claim had been served on them, offering me a 'goodwill payment' (the amount of my reclaimed charges) I'm pursuing my claim for the rest - interest and court fees. I wrote and told Natwest this, and now they've acknowledged my claim. I can't help on the Cobbets letter as I'm not up to that stage, but this thread http://forums.moneysavingexpert.com/showthread.html?t=391640 should have any answers you need on how to deal with solicitors letters during MCOL. Personally I'd go after Natwest for the full amount of money. Have a look also at http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html#post279931on the Consumer Action group website.

All the best,
Pam

PS If you decide to go after the interest and court fees, you need to write to the bank to say that you'll accept the amount they've offered as part payment of your claim and without prejudice, and that you intend to pursue the rest of your claim through the court.

SONIA79_2

Natwest have untill tomorrow before we serve court papers on them. Do you have to give them an extra day due to the bank holiday?

Also, we will be claiming back £2,220 with interest, but we have aloan with Natwest that is with the CCCS. Will some of the claim have to pay this back?

Thanks

Tim_H

:T Thanks for your quick response Pam
Will have a look at the links you posted,

Good Luck with your claim.

Tim