Littlesally v Natwest

[littlesally]

At last I have got around to posting the abridged version of my claim.

25.8.06
After loads of putting off, doubt and feeling that I am being greedy, I have sent off for my bank statements for my two Natwest accounts. I enclose £10 and thought the SAR a bit formal and long so simply said .......

Account 1 ******* Sort code ******
Account 2 ******* Sort Code ******

Dear Sir,
I am writing Subject to Access Request (SAR) and Under the Data Protection Act to request my bank statements for the past six years for both the above accounts. I have enclosed a £10 postal order as payment for this.
Yours sincerely
Sally

Found this address to send Data Protection requests:

National Westminster PLC
135 Bishopsgate
London
EC2M 3UR

It's on the D.P register.

Just off to post my request, plus £10

7.9.06
Not had statements back, sent off for them on 25th August. Have read two differing time scales, some say 40 days, some say 14 days. Or is the 14 days for the next stage? Will ring them tomorrow, at the Data Protection number, to see whats happening. Paid by P/O so can't check if cashed yet.

Would advise anyone else to send recorded delivery.

11.9.06
Recieved one lot of statements back, hopefully the others will follow shortly.

Somewhere around this time I recieved exactly the same statements.

29.9.06
Didn't keep a check on what I am doing!!!
Thought I would need to write a SAR letter to ask for the other account so was waiting foor the end of the month to pay out another £10. Now realised that I asked for both accounts in the first place.
Have written to them to say they sent one accounts twice! Please would they send second accounts statements.

[littlesally]

7.10.09
Still not heard from NatWest about my other accounts statements, so have written to them to say that it has now been 43 days, in which time I have pointed out their mistake in sending one accounts statements twice. Hopefully I will get them soon. If not, what happens?

Found out I need to send "non-complience"letter.

23.10.06
At last, the other accounts statements have come!!! 60 days altogether.
Highlighted and added up to a grand total of £347.
It felt like a lot more, still it will come in handy for xmas (I hope it comes in time)

Thanks to all for your help and patience.

[littlesally]

29.10.06
Added it up wrong somehow, it's £362.
Sent off request to them today, used letter in library. Welshy emailed me it as I do not have a printer. Many thanks.

7.11.06
Letter from NatWest today basically saying that they would not refund, as they believe their charges are "Fair, reasonable and transparent".

They said that the "Office of Fair Trading investigation earlier this year was limited to charges on credit card accounts and did not extend to include bank charges" Then went on to say they don't accept these findings.

Also, "We are concerned that the Office of Fair Trading has publicly called into question the setting of charges applied to to other products, including current accounts. The Office of Fair Trading has restricted its investigation to credit cards and made no attempt to consult with RBS group or the industry in relation to intirely different products"

"The Office of Fair Trading has recently announced that it is to investigate bank charges as a seperate matter and estimate that it could be up to six months before it is in a position to announce its findings. Realistically, it would be fitting to wait for the Office of Fair Trading's deliberations as your letter is based on comments relating specifically to a different issue, namely credit card charges."

I think that means that they want me to wait six months!

Surely they do not have to wait for the Office of Fair Trading to tell them if they are making a profit out of the bank charges? They must know if they are or not!

[littlesally]

11.11.06
Sent the LBA

17.11.06
Letter today:

Thank you blah blah
I regret there is little I can add constructively to my last letter and note your proposed course of action. I have alerted our lawyers and litigation depatment accordingly. May I please remind you that the address to use when initiating legal documents is that of our Registered Office below.
Thank you for letting me know your intentions.


I've always used that address anyway!

It sounds like they are saying "Bring it on"

18.11.06
Asked for advise about sending a letter basically saying "Don't be silly, you won't turn up at court" as I felt a lot of fear about going that far, couldn't afford the court fee's so close to christmas and really wanted it all to be over

[littlesally]

A wonderful friend wrote this letter for me .........
Posted on the
20.11.06


Dear Sir

Thank you for your letter dated 16.11.06 from Mr. Stuart Higley.

It is clear from your letter that you are under the impression that I will not issue a claim against you for the return the unlawful bank charges debited from my account.

I am writing to inform you that this will be the next stage unless I receive full payment in the next 7 days of the £380 detailed in my previous letter to you.

However, please accept this correspondence in accordance with my duty under the Civil Procedure Rules to continue to pursue a settlement without the need to invoke the time of the courts

If you do not intend to defend your charges in court, but hoping that I will "just go away" I should to point out that this will not happen and you will incur further costs against you.

Take note that I will draw the Court’s attention to the fact that you have not made any attempts at settlement in accordance with the overriding objectives of CPR. Furthermore I will submit this letter to the Court as further evidence of your intransigence with my case despite my attempts at settlement and the settling by your company of all other similar claims to date.

Alternatively, in accordance with the overriding objectives of the Civil Procedure Rules I would like to give you the opportunity to settle this issue without the need to take the time of the Courts. My claim is for £380.00. If you could ensure that this sum is paid into my bank account within seven days I will inform the court that this matter is settled. If you wish to pursue this course of action please telephone me to obtain my account details.

Please do not waste any further time with something you do not intend to defend.

Yours sincerely

Sally

[littlesally]

25.11.06

I WON!!!!

Letter today from Stuart:

As we have have already advised blah blah blah

We have reviewed your account again and in this instance, as a gesture of good will, and without any admittance of liability on behalf of the bank, we have agreed to refund the charges amounting to £380. This refund is made as a full and final settlement of your complaint.

Then goes on to say he hopes I won't continue to take them to court and is disappointed that I contemplated doing that.

Jumping with joy, in time for xmas!!

THANK YOU TO EVERYONE WHO HELPED ME!!!!!

[Nattie]

cONGRATULATIONS!!! not sure you can post the addy on her though?