NatWest (merged)

saraellen

HI
I have also recieved this letter from Mr Higley mine was dated, 05-01-07 it was in response to my 2nd letter which was dated 08-12-06, I am fed up waiting to now gat a response to this letter so I have just started to over type the 3rd letter but am stuck I dont know which Court name to put in Can any one help????

Nick44

Paulxo wrote:

Over £1000.

I've decided to decline their offer and follow Rex's excellent advice.

Thanks folks.

(ps read the Daily Mail yesterday - amazing thing to do, but this situation is getting madder and madder!)

EXCELLENT!!!!!!!!!
:T
Don't tell Martin! :money:
He wanted to be there with a camera. I'd love to have seen the look on the Managers face|!:beer:

edithminnie

Hello There,

HELP!

I've got to the Allocation Questionaire stage with my local Court. It had to be sent in by 07/01/07.
Cobbetts asked the Judge to throw out claim for lack of information. My particulars of claim on Moneyclaim on line were:

" My claim is for unfair bank charges applied to my bank account between 6/01/01 to 15/11/06. I do not believe that the charges made to my account reflect the cost of administering my account when in unagreed overdraft.

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 6/01/01 to 15/11/06 of £556.77 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 8%"

On returning my AQ I added a page explaining my claim more thorough.

Today I received letter from court saying the District Judge as made the following comment:

" If the Claimant seeks to amend / substitute the particulars of claim in accordance with the document lodges with her AQ she must apply for permission of the court, in the absence of the Defendant's consent, pursuant to CPR 17.1. Any application must be made pursuant to CPR 23."

Can anyone help? Can I just leave the particulars of the claim as on the Moneyclaim on line. Will the judge throw out the claim for lack of information?

Help....... please

Thank you

Rex_Mundi

You need to resubmit a particulars of claim. The one you've sent was a bit sparce, and didn't quote any of the relevent laws as to why you're entitled to claim.

There is a template letter somewhere that asks the courts permission to change these particulars. It was posted by one of the other regulars on this board, but I can't find it. If whoever posted the template could point it out, you could use this letter along with a new (fuller) particulars of claim....................

(edit the parts in bold)

1. The Claimant [has] [had] an account ("the Account number") with the Defendant which was opened on or around [and closed on or around]
2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.
3. A list of the charges applied is attached to these particulars of claim.
4. The Claimant contends that:
a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.
b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.
5. Accordingly the Claimant claims:
a) the return of the amounts debited in respect of charges in the sum of £XXXX and any interest charged thereon;
b) Court costs;
c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.
I believe that the contents of these particulars of claim are true
Signed:
Date:

richmulch

what is the full address you would say then to send it too!

jimmyay

Rex_Mundi wrote:

I think you should push on. The first offer Cobbetts made to us was about 50% of the claim. I wrote back refusing the offer, carried on with the court claim, and got sent a cheque for the whole amount of over £3300.

this is the sort of post that gives me hope . i'm expecting a cobbetts letter very soon myself having had them acknowledge service and expressing their intentions to defend my claim of £2500+

biniaz

I recieved a letter from Mr Higley offering me £1,624 of the £2,100 I asked for. After reading in the paper about how someone got all there charges back I'm wanting to do the same. The advise I'm needing is

1. Has anyone with Natwest been taken to court & refused?

2. What do I do next?

If people could reply ASAP it would be most helpful to me. An email would be grateful aswell

Yours Daniel

edithminnie

Thanks Rex

If anyone as got the template I'd be very grateful.

I've just down loaded the Application Notice its on HMCS form No N244 and now I've got to pay another £65 to amend my particulars of claim.

Many Thanks

Rex_Mundi

biniaz wrote:

1. Has anyone with Natwest been taken to court & refused?

2. What do I do next?

1. Yes, one case last year against Natwest went to court, and the bank won. This was partly down to a sneaky tactic from the bank (that they haven't used since), and partly because the customer wasn't fully prepared. If you follow the advice on this site carefully (don't try and go your own way), you stand a 99.9% chance of success.

2. Your claim of £2100.........How is this made up? is it only charges, or charges plus interest? If it includes interest, how much are the charges only?

Amethyst24

Well, I needn't have worried. Lovely chunky cheque for £1492 arrived today together with "We are right and you are wrong but here's the money anyway" letter from Cobbetts. More than I'd claimed but that was probably down to my dodgy maths as much as anything.

Keep going and don't be intimidated.

Thanks for the advice, Rex.