Bit of advice needed Re: wording of Natwest Letter I've been Sent...can anyone help?

billytruffin

I currently have a bank charges claim with NatWest which is unresolved. The amount totals over £1200 and so far I have got as far them sending me a letter explaining that the test case is ongoing and they can't resolve complaints until after that date.

However I also have an outstandin credit charges claim with them. So far on this claim I have done the following :

• 9th October - wrote to them requesting alsit of all charges and paid £10 stautory fee
• received these charges which totalled £120
• wrote to them requesting repayment of all charges + interest
• 2nd November received the following letter from them

Dear jamesw2000,

Thank you for your recent communication. I am sorry that you have concerns regarding the charges that have been applied to your account.

We explain all of our terms & conditions including our fees and charges at account opening and they form the basis of your agreement with us. We believe that our charges are fair, reasonable and transparent. We consider that the amounts debited to your account have been applied strictly in accordance with your agreement with us and our published tariff.

However, having reviewed your case and as a gesture of good will and without admission of liability or error, we are prepared to offer the amount of £60 paid direct to your account. This figure represents a refund of late payment fees that have been applied to your account.

Acceptance by you of this payment will be in full and final settlement of all claims you have relating to our charges.

Any charges that properly accrue in the future will be applied to your account in line with our published tems & conditions.

For the purposes of the Financial Ombudsment Scheme you may consider this letter the Bank's final response. This gives you the option, should you still remain dissatisfied, to refer your case to the Financial Ombudsman Service. The enclosed leflet gives you information about what they do and how you can contact them. If you decide to take thsi course of action you must do so no later than six months from the date of this letter.

Yours Sincerly.

• I have not replied to this letter yet nor contacted the Ombudsman, however I recieved a week ago a statement from Natwest for the card concerned with the £60 credited to it.
• this account was closed in March 2006 (I still have a copy of the letter from Natwest confirming this)

So my quetions are as follows:

• Are they trting to get out of paying me my bank charges totalling over £1200 with the above statement in bold in their credit card charges response?
• Are they allowed to just reactivate this credit card account without my permission and pay in the £60, when I specifically asked them to close it over a year ago and have a letter from them confirming this?
• What are the next steps I should take?

Any advice from people knowledgable in these matters is much appreciated - I really don't want to lose out on that £1200!

Smasher

Now, is it £120 or £1200?

Either way, they are abusing their power and trying to bully you into accepting a derisory settlement. Try an adaptation of this..

Dear Sir/Madam,

Thank you for your recent letter dated xx/xx/xx. I have attached a copy for your reference.

I am afraid I must decline your offer of £xx.xx and the credit of £xx.xx to my account.
I have explained clearly the views of both myself and the law regarding penalty charges. Once again I invite you to demonstrate to me that the charges imposed on my account are a true reflection of your costs. I require a detailed breakdown of what actions are necessary to make up such costs & how you arrive at the sum charged.

I would like to make my position clear, I refuse to accept £xx as settlement in any way in relation to my original request. I will continue to pursue the full amount of £xxxx.xx as originally requested through a court if necessary.

If you would like to pay the outstanding amount of £xxxx.xx, within the next 7 days, I will consider the matter closed.
Should you choose to ignore or refuse this final request, I ask you not to credit my account with £xxxx.xx or any other amount, and to withdraw it if you have already done so. I will then take the matter to a county court without further notice where the legalities can be properly examined and a just resolution can be obtained.


Yours sincerely


jamesw2000

billytruffin

Thanks Smasher,

The amounts are £1200 for bank charges (sent to them in one letter) and £120 for credit card charges (sent in another letter).

That looks like it'll do the trick though

billytruffin

I went with this wording in the end, what does anyone think? Do I need to include 'without prejudice' on it as well?



I refer to default charges applied to my account amounting in total to £2135.91which I have requested you pay back.
I wrote to you on 4<SUP>th</SUP> October 2007 (Re: Bank Account Charges) and 9<SUP>th</SUP> October 2007 (Re: Credit Card Charges), making the original request for a payment in settlement of my claim. As I have not received a satisfactory response, I am writing to inform you I intend to claim the full amount claimed together with interest up to the date of judgment and court fees in the proceedings through the county court.

This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore the court will rule in my favour.
<O:p</O:p
In reference to your letter dated 2<SUP>nd</SUP> November 2007, I am afraid I must decline your offer of £60.00 and ask you to remove the credit of £60.00 to my account (no. XXXX XXXX XXXX XXXX), which as per the correspondence enclosed with this letter was closed on 17<SUP>th</SUP> March 2006 and has now been re opened by you without my permission in order to credit this amount.

I have explained clearly the views of both myself and the law regarding penalty charges. Once again I invite you to demonstrate to me that the charges imposed on my account are a true reflection of your costs. I require a detailed breakdown of what actions are necessary to make up such costs & how you arrive at the sum charged.

I would like to make my position clear, I refuse to accept £60.00 as settlement in any way in relation to my original request for repayment of the charges on any of the accounts I hold or have held in the past with National Westminster Bank. I will continue to pursue the full amount of £87.91 in respect of account numbers XXXX XXXX XXXX XXXX & XXXX XXXX XXXX XXXX and the full amount of £2048.00 in respect of accounts XXXXXXXX & XXXXXXXX as originally requested through a court if necessary.
<O:p</O:p
I have not received any offer of settlement from National Westminster Bank in respect of account numbers XXXXXXXX & XXXXXXXX and it is now my intention to claim the full amount claimed together with interest up to the date of judgement and court fees in the proceeding through the county court.

If you would like to pay the outstanding amount of £2135.91, in respect of all the above captioned accounts within the next 7 days, I will consider the matter closed.

Should you choose to ignore or refuse this final request, I ask you remove the credit of £60.00 you placed in account no.XXXX XXXX XXXX XXXX and close the account as per the previous correspondence between myself and National Westminster Bank which is attached to this letter. I will then take the matter to a county court without further notice where the legalities can be properly examined and a just resolution can be obtained.
I have attached a full schedule of the charges with this document and copies of any previous correspondence relating to the unjust charges on these accounts
<O:p</O:p
I look forward to a full response to this letter within 14 days, otherwise I will commence court proceedings to reclaim my money.
<O:p</O:p
Yours faithfully,

Smasher

Looks great James. Just one flaw, you are inviting them to repay within 7 days, but at the end of the letter you ask for a response within 14 days.

Personally I would forget about asking for a response & just demand action. No more backwards & forwards with letters.. Final warning.. pay up or we're going to court without further notice..

billytruffin

ah yes, good point, I think I'll change that so it makes it makes a bit more sense!! I let you know how I get on in 14 days!!