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NatWest (merged)

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  • natweststaffmember
    natweststaffmember Posts: 12,063 Forumite
    Be prepared and read the info contained here and you will win. Don't forget s.69 interest at 8%.
    I have not worked for NatWest Bank since February 2009

    This username is no longer active.
  • frugalpam
    frugalpam Posts: 2,514 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Kazzex wrote: »
    Hi, well the Cobbetts letter came requesting the information on charges as expected and the defence of the claim, two days before time was up. What do I do now, I know someone had done a response letter as I have sent the details to Natwest already twice infact. They are also requesting my defence on the consumer act. HELP, now am scared hoped it woldn't get to that stage.

    If it was the CPR18 request, don't just ignore it. You need to acknowledge it and say something along the lines of

    I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative.

    If you'd like a copy of the letter I sent, just PM me :)

    Also, you will find this thread helpful

    http://forums.moneysavingexpert.com/showthread.html?t=391640

    all the best,
    Pam
  • leia_2
    leia_2 Posts: 3 Newbie
    Did he accept the offer?

    yes, we posted letter of acceptance two days ago......waiting for a response, we will only give them a week to pay out or we will go ahead with court.
  • Stephen_Leak
    Stephen_Leak Posts: 8,762 Forumite
    1,000 Posts Combo Breaker
    In that case, I would consider that he's been intimidated out of £448, whilst you are still on course to get back everything that you are owed.
    The acquisition of wealth is no longer the driving force in my life. :)
  • leia_2
    leia_2 Posts: 3 Newbie
    In that case, I would consider that he's been intimidated out of £448, whilst you are still on course to get back everything that you are owed.

    but he is £4052. up compaired to yesterday.
    Im still going ahead with my claim in court, in the hope ill get it all back........or maybe not!!!
  • ripski
    ripski Posts: 133 Forumite
    frugalpam wrote: »
    If it was the CPR18 request, don't just ignore it. You need to acknowledge it and say something along the lines of

    I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative.

    If you'd like a copy of the letter I sent, just PM me :)

    Also, you will find this thread helpful

    http://forums.moneysavingexpert.com/showthread.html?t=391640

    all the best,
    Pam
    GOOD NEWS ( an offer)and advice please. (Had problems with computer and so have only been able to read theese messages. Tonight trying to contribute and was logged out )
    Claim now with MCOL and heard nothing from Nat west since I received statements in March ( started in FEB)
    I was due to press 'Judgement' button on 23rd May when at 2 0pm on that day they filed their defence
    On the 25th May I received two letters from NW Opened first -their defence and request for more info from Cobbetts
    The second was posted on 10 th May ( I know the Post Office is bad but come on 15 days ) Am I paranoid or is it coincidental that they arrive on the same day -One to intimidate so I accept the offer They have prob succeeded

    My claim will not be in small claimss but' fast track 'as it is for £7700 and would be around £9500 with interest should I go all the way and win + costs of £ 250
    Offer is for £5900
    I really do not know what to do as this is far more than I had last week and will pay off my overdraft ( which accrues interest each month) and settle another big debt
    As most people, I am wary of going the whole way , more so as it is a large amount and it will mean more delay.
    I am aqslo cncnerned not to miss the boat and I am worried that we may getting near judgement day eh the Courts must getting p-- off and inundated The banks may start to feel tha they need to make a stand or the FO comes up with a recoemndation All this is going through my mind and as many people on here, I could do with the money.
    Is one more letter likley to throw everything out . If I write one letter asking for more eg the charges + court costs = £8000 rather than almost £6000 pointing out that if this goes all the way there is a poss it will cost them nearer £ 10,000 is Stuart H likely to negotiate further at this stage or just say offer withdrawn - go to court.
    I know I have to be growen up and make my own decision re take the money but Any similar experience /advice please
  • frugalpam
    frugalpam Posts: 2,514 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    ripski wrote: »
    GOOD NEWS ( an offer)and advice please. (Had problems with computer and so have only been able to read theese messages. Tonight trying to contribute and was logged out )
    Claim now with MCOL and heard nothing from Nat west since I received statements in March ( started in FEB)
    I was due to press 'Judgement' button on 23rd May when at 2 0pm on that day they filed their defence
    On the 25th May I received two letters from NW Opened first -their defence and request for more info from Cobbetts
    The second was posted on 10 th May ( I know the Post Office is bad but come on 15 days ) Am I paranoid or is it coincidental that they arrive on the same day -One to intimidate so I accept the offer They have prob succeeded

    My claim will not be in small claimss but' fast track 'as it is for £7700 and would be around £9500 with interest should I go all the way and win + costs of £ 250
    Offer is for £5900
    I really do not know what to do as this is far more than I had last week and will pay off my overdraft ( which accrues interest each month) and settle another big debt
    As most people, I am wary of going the whole way , more so as it is a large amount and it will mean more delay.
    I am aqslo cncnerned not to miss the boat and I am worried that we may getting near judgement day eh the Courts must getting p-- off and inundated The banks may start to feel tha they need to make a stand or the FO comes up with a recoemndation All this is going through my mind and as many people on here, I could do with the money.
    Is one more letter likley to throw everything out . If I write one letter asking for more eg the charges + court costs = £8000 rather than almost £6000 pointing out that if this goes all the way there is a poss it will cost them nearer £ 10,000 is Stuart H likely to negotiate further at this stage or just say offer withdrawn - go to court.
    I know I have to be growen up and make my own decision re take the money but Any similar experience /advice please

    As you say, it's your decision. However, what they're offering (£5900) is a lot less than the charges (£7700) you're claiming - almost £2000 less! I think I'd be writing to them to ask them whether they'll revise their offer and offer you a FULL refund of your charges. You could also ask for your court fees back, and in return you will stop your Court Claim :) I don't see why one more letter would throw anything out.
    As you say, if you go ahead with MCOL you have a chance of getting a lot more back - fees, interest and court costs.
    I'm as jittery as anyone else, but the odds are stacked in your favour if you go ahead through Court. You'd end up with £9750, if my maths is right!

    all the best
    Pam
  • The Finanacial Ombudsman Service does not set the law and so whether they say boo, or baa will not make a difference to Contract Law. The courts as you say are getting sick and tired of Banks defending and then paying out without even trying to defend. £5900 is a good offer IMHO(i still think that you should go for 100%) NatWest have paid out on one offer over £35000.00 on just once case alone. Think carefully what you wanted to get out of the claim when you started it. THAT is the most important. Your Claim and Your Choice. But you can see that you have a winning case.
    I have not worked for NatWest Bank since February 2009

    This username is no longer active.
  • Kurt_Hamster
    Kurt_Hamster Posts: 791 Forumite
    ripski wrote: »
    GOOD NEWS ( an offer)and advice please. (Had problems with computer and so have only been able to read theese messages. Tonight trying to contribute and was logged out )
    Claim now with MCOL and heard nothing from Nat west since I received statements in March ( started in FEB)
    I was due to press 'Judgement' button on 23rd May when at 2 0pm on that day they filed their defence
    On the 25th May I received two letters from NW Opened first -their defence and request for more info from Cobbetts

    The request for more info is just an attempt to intimidate. Supply them any documentation they are missing and ignore their questions.

    The second was posted on 10 th May ( I know the Post Office is bad but come on 15 days ) Am I paranoid or is it coincidental that they arrive on the same day -One to intimidate so I accept the offer They have prob succeeded

    My claim will not be in small claimss but' fast track 'as it is for £7700 and would be around £9500 with interest should I go all the way and win + costs of £ 250

    Although technically the amount you are claiming would put you on the fast track, when you get your Allocation Questionnaire you can ask for it to be allocated on the small claims track. If you can demonstrate/convince the judge that the amount makes no difference to how long the claim will take to sort out then you may have it allocated to the small claims track. It all depends on how lenient the judge is.
    Offer is for £5900
    I really do not know what to do as this is far more than I had last week and will pay off my overdraft ( which accrues interest each month) and settle another big debt
    As most people, I am wary of going the whole way , more so as it is a large amount and it will mean more delay.

    If you can stay the distance the claim isn't likely to get to court even though the bank may take it to the very last second. They are more likely to do that if they get the impression that you are wavering.

    I am aqslo cncnerned not to miss the boat and I am worried that we may getting near judgement day eh the Courts must getting p-- off and inundated The banks may start to feel tha they need to make a stand or the FO comes up with a recoemndation All this is going through my mind and as many people on here, I could do with the money.

    The FO has nothing to do with it. The OFT report won't be out for ages and even then it won't have any standing in law and will only make recommendations.

    As far as test cases and precedents go, well the banks are doing their bests to make sure that doesn't happen. Why do you think they never show up in court?

    Is one more letter likley to throw everything out . If I write one letter asking for more eg the charges + court costs = £8000 rather than almost £6000 pointing out that if this goes all the way there is a poss it will cost them nearer £ 10,000 is Stuart H likely to negotiate further at this stage or just say offer withdrawn - go to court.

    To be honest I don't think the amount effects things either way. What will effect things more is if they perceive you to be someone who will crumble under the pressure.
    I know I have to be growen up and make my own decision re take the money but Any similar experience /advice please

    Agreed there are several variables that affect your case that don't affect the majority of claimants, but you have just as much chance of winning as anyone else.

    Sticking to your guns will more than likely win you the full amount you are claiming for, you just may have to wait awhile for it.

    The question you should ask yourself is "can I afford to give away the amount of cash I would lose by settling?".
    Hamsters have no tact and diplomacy, nor do they want any.
  • Kazzex
    Kazzex Posts: 17 Forumite
    frugalpam wrote: »
    If it was the CPR18 request, don't just ignore it. You need to acknowledge it and say something along the lines of

    I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative.

    If you'd like a copy of the letter I sent, just PM me :)

    Also, you will find this thread helpful

    http://forums.moneysavingexpert.com/showthread.html?t=391640

    all the best,
    Pam
    Frugalpam, thanks I was just about to ask what the notations mean, the request and clarificaiton document starts with 'this request is served pursuant to CPR Part 18 alternateively with regard to CPR Rule 27.2(3)' need to send response by June 8th.

    They are requesting details of hte charges and account details, which I have sent to NATWEST but will send them again. and each time they are asking for clarification :-
    a. is is the case should not have been charged.
    b. If yes please expalin why the claimant contends that the same should not have been charges.
    C. If no is it the case that the same should not have been charged in this amount
    d. If yes explain why claimant contends that the same should not have been charged in this amount and identify the sum the Claimant contends should have been charged.
    e. if no state case.

    And finally, 'In your claim you stae the cahrges are "an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999". Please specify all of the facts relied on in support of the contentions in para 3 and in particular identify the regulations of THe Unfair Contract Terms in Consumer Regulations 1999 relied upon by the claimant in alleging that the contractual provisions regerred to are uneforecable.
    Yes I would like a copy of your letter and I am trying to hold my nerves, but like ripksi am very nervous.
    Thanks for the help.
    Yours expenctantly
    Kazzex
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