Charges Reclaim Letter to Natwest

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Re: Charges Reclaim Letter to Natwest

Postby cjwood555 » Wed Feb 10, 2010 7:53 pm

Hi Dipsy,

Thanks for that - some good thoughts for the way forward, assuming that they refuse to refund the charges.

Not sure what your referring to ref credit files - unless you default on any agreement, there should be no marks on ones file for disputing a debt. The credit record system is specifically engineered to prevent abuse by only allowing registration of prescribed information. (I wouldn't dispute that some people will unlawfully register defaults, but if they've sent a default notice then logically yes it should be on the file)

The FSA has specifically ruled that banks may not close accounts simply for requesting a refund of charges. I can't see how they could, legitimately, anyway - requesting a refund is not a breach of contract and as long as you are paying them interest/charges, you must be in contract.

I'll have to weigh up the approaches and go with the flow :)

Chris
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Re: Charges Reclaim Letter to Natwest

Postby NotMarkk » Mon Feb 15, 2010 7:33 pm

Thanks for writing this letter, I customized it to suit my needs (Claim of £30) :P
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Re: Charges Reclaim Letter to Natwest

Postby cjwood555 » Mon Feb 15, 2010 11:18 pm

No problem mate - I've just updated the notices on the first page to include the revisions I made before sending them off :)

Chris
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Re: Charges Reclaim Letter to Natwest

Postby cjwood555 » Tue Feb 23, 2010 5:37 pm

Right....no response as yet so have drafted this:

NOTICE OF DEFAULT AND OPPORTUNITY TO CURE
AMOUNT OF CLAIM: £2243.06

Dear Sir or Madam,

I write in response to my Notice of Claim for Refund of Charges, dated Tuesday 9 February 2010. I have waited patiently for your response but sadly none has been received and as such you are in default and have agreed to the claim by your tacit consent, including without limitation the following points:

1) You have taken £1855 from my account between 1-April-2004 and 3-February-2010; and

2) In doing so you treated me unfairly; and

3) You agree to return all £1855 of charges; and

4) You agree to pay interest in the sum of £388.06; and

5) You do not object to these points/claims; and

6) You recognise the authority and jurisdiction of the Financial Ombudsman Service and the Small Claims / County Courts in respect of this claim.

In the interests of maintaining an honourable relationship, I am willing to grant you a further seven (7) days to respond to my Notice of Claim for Refund of Charge in accordance with all other terms of that notice.

If no response is received then you shall be served a Notice of Default and Notice of Estoppel, whereupon you will have accepted my claim AT LAW and will be bound thenceforth by your tacit agreement with no right of objection or rebuttal.

Yours faithfully,

ALL RIGHTS RESERVED.


Any thoughts?
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Re: Charges Reclaim Letter to Natwest

Postby nameless » Tue Feb 23, 2010 8:35 pm

I have read this thread quite quickly, and may not have fully grasped things correctly, but could I ask a couple of questions?


If no response is received then you shall be served a Notice of Default and Notice of Estoppel, whereupon you will have accepted my claim AT LAW and will be bound thenceforth by your tacit agreement with no right of objection or rebuttal.


Are you sure this is what you want to say?

6) You recognise the authority and jurisdiction of the Financial Ombudsman Service and the Small Claims / County Courts in respect of this claim.


Will you be taking them to court?


What is your main intention with these notices? Are you going to take it to lien position?
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Re: Charges Reclaim Letter to Natwest

Postby cjwood555 » Tue Feb 23, 2010 8:42 pm

My plan is similar to a lien process, but I shall be submitting my notarised affidavit of truth / obligation as evidence for a small claims hearing. Should be a simple affair and they'll hopefully pay out before it comes to that anyway. I was hoping that they'd be reasonable and at least follow their own processes (financial statement forms etc), but no....

Chris
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Re: Charges Reclaim Letter to Natwest

Postby nameless » Tue Feb 23, 2010 8:53 pm

Thanks for the explanation. I wish you every success.
“Whoever may be guilty of abuse of power, be it Government, State, Employer, Trade Union or whoever, the law must provide a speedy remedy. Otherwise the victims will find their own remedy."

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Re: Charges Reclaim Letter to Natwest

Postby cjwood555 » Tue Feb 23, 2010 9:41 pm

no problem - fingers crossed!
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Re: Charges Reclaim Letter to Natwest

Postby NotMarkk » Thu Feb 25, 2010 9:15 pm

Good luck cjwood555 :yes:

I got a response from them, they sent it to the head office(?) in Birmingham, instead fo replying from my local branch. The guy basicly said:

Addressed to a legal fiction

Got your letter, my understanding is:

You want your cash back
You didn't know it was possible to withdraw from an empty account. (I thought payment requests would simply be declined with no fees)
You would like a response withing 14 days and would like us to make reference to the laws which support our decision.

I am declining your complaint, however I would like to offer of £15 in as full and final settlement; if you want to accept this offer, sign the enclosed sheet and send it to me.

The fees occurred because ______.

The policy relating to fees which apply to your account is outlined in the TaC. I can confirm the fees have been applied correctly.
Respond in 8 weeks or I'll close my file.


So now I'm going make an affidavit and send it to gordon (I havn't done it yet)

Then I will give the bank notice of their failure to respond in substance and additional time to respond properly.
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Re: Charges Reclaim Letter to Natwest

Postby cjwood555 » Wed Apr 07, 2010 6:53 pm

I've been a bit busy with work so haven't had chance to progress this. I find it odd that I've heard _nothing_ back from them - by all accounts they usually send out a standard letter and a form for you to provide financial details on to prove hardship. So I'm going to call them and check they got the letter (can't find my receipt from the post office, annoyingly) and whether they have responded.

Regards,
Chris
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