Fendy - V - Natwest 16.1K, ***ABSOLUTELY WON***

[WendyB]

Hi guys - there you all are!!!! Long time no speak!!

[enaid]

Ok Wendy how are you?
Get yerself signed in and welcomed, it will be a welcome as well. I felt so awful you were over the road, but it was so hard to let you know what was happening and it happend so fast, Settle in and we'll talk tomorrow or even today Enaid xx

[WendyB]

I'm doing okay, thanks. 've even got myself an Avatar over here, only thing is it won't display for some reason, also all your avatars have now disappeared as well. Is it me???

[WendyB]

And how do I get to be a Puppy??? Cos I'm only a poor iccle Junior Member, as Fendy would say lol. Catch up with you tomorrow. Over the road has been dead quiet tonight.

Wendy xx

[Delta]

Ello all, got a nudge to head over this way. Thanks for all the nice messages, will start my own thread on here later, it's a wee bit early for me and I have only had 3 hours sleep! Just thought I would say hi

[Fendyweather]

Right, Cobbetts just called. Very apologetic for not getting back to me. blah blah blah.

Right, just had very open very honest convo with AM at Cobbetts. Now call me naive or what, but she again, was very very very nice.

She said, they are not in a position to advise what offer is on the table, or if my offer to them is acceptable purely because Natwest have decided because of the size of my claim, i.e. they need to be sure exactly what are legitimate charges and what could be constituted as service charges. So looks like if it gets to court they may decide to go down the avenue of trying to say some of these are service charges. OKies, so how do I prepare for that eventuality.

She did say she has been ringing Natwest every day since the telephone conference on Tuesday just gone to ask them what figure they will be offering. She firmly believes that they will be making me an offer, she's just not sure whether it will the full amount or whether they will try and claim some of them are service charges, and try to deduct some off. She mentioned, you do know that banks are in the process of trying to work out new defences based on using the term Service charges, I said yes I was aware of the Lloyd Birmingham win where that tactic had worked, but that it was expected on appeal to be overturned. I let her know I wasnt going to be intimidated by the phrase service charge, and that I would be fighting it to the death. I said obviously its better if settlement can be reached I feel purely to spare the courts, this wasted time which could be better spent on more serious cases, and she agreed, but she said her hands were tied, and she had to wait for the Natwests directive on this. She kept saying, you can appreciate because this is a large amount, the bank are using the words test case, (my ears pricked up at this point), and I said, how can I be a test case when I am exactly the same as previous cases that have gone before and been paid out on. I even told her that the whole regime of claiming against banks would not have been necessary had the banks been able to, from Day 1, come out and prove exactly how much it does cost to bounce a cheque etc. etc. She agreed wholeheartedly but added that it was not her specialist area of knowledge, and she would leave that to the banks to decide whatever that was going forward. I distinctly got the impression that banks are getting ready to start defending these cases though. She said that the Lloyd birmingham thing had opened up a whole new area of possibilities to the banks to defend. I said perhaps, but until they stand up in court and declare their true costs then in the meantime we would all continue to claim. I said, had they been fair with me, i.e. only ever charged me what it had truly cost them to bounce a cheque etc then I would never have claimed in the first place. I told her it was the banks greed and profit making via the back door that had prompted this mass claiming. She agreed.................. I have to say, she was a lovely person, a very nervous person, but lovely. And so we left it that I will continue onward, preparing my disclosure list, and they preparing theirs, but if in the meantime she had any news about an offer from Natwest, she would ring me straight away. So looks like I gotta do the disclosure list peeps. Oh double b*gger pants................ typical........... Why me ????

[enaid]

It could have been anyone Fendy, we all have to be prepared to go to court, I do hope it's not you and then again, you would give em what for and you know you would have all the help and backing to win, I have no doubt on that score.
On a lighter note I think they just picked the fastest typer

[lioness]

OOOh, so are they saying then that some of the charges are real service charges and the rest AREN'T???

It would be really interesting Fendy if you could insist on ALL communications being put in writing from now on, even email would be better than phone, unless you can record the calls. I know it probably suits you from a time point of view to do this by phone but I imagine this could be crucial evidence if it ever came down to having to disprove their defence, in court, that these are ALL legit service fees.

If they then wrote that certain of the charges were not included in the offer, all you would have to do would be to write something like 'Please provide an itemised list of the charges that have been disallowed stating the reason for that, so that I can give full consideration to your offer.'

Just my advice

[Fendyweather]

Ooooh really. So was this quite a revealing convo then. God Im so dumb............ why didnt I realise that. OKies, AM has to date been very very open with me, both in e mail and letter, she sent me an e mail saying some of the charges may be legitimate service fees. Ive got a hard copy of the mail, is it any use to anybody ???

I can post it on here or forward it to a mod or something if its useful to ya.

[lioness]

e mail saying some of the charges may be legitimate service fees.

I'd say that's enough to break their case Fend!

Deller is the natwest mod, but I don't think he's online ATM.

How on earth can they get out of saying they didnt repay some...cos they were legitimate services?! and the rest were??!!

Ofcourse it would look much better framed on Cobbetts headed paper..

[Fendyweather]

Well I only have that in an e mail. I can forward it to Deller though if it helps me or anybody else for that matter.

Fendy xxx

[archer_66]

oo fendy what is going to happen then...ive been reading a lot about the judges wanting a test case to be bought,and im getting close to the date now so im a bit worried to say the least!
i cant believe that they pay out on everyone elses and then it gets to ours and it seems to stop! thats just my flipping luck!
well we can all try cant we!

[Celestine]

Ooooh really. So was this quite a revealing convo then. God Im so dumb............ why didnt I realise that. OKies, AM has to date been very very open with me, both in e mail and letter, she sent me an e mail saying some of the charges may be legitimate service fees. Ive got a hard copy of the mail, is it any use to anybody ???

I can post it on here or forward it to a mod or something if its useful to ya.

Hiya Fendy

That was a highly interesting convo with Cobbetts.

I'd be delighted if you pm'd me any copies of emails from Cobbetts.

Thanks

[archer_66]

celestine would we humble people be able to use their emails in reference with our own cases?

[Fendyweather]

Hey Celestine, can do that no trouble. Can you let me have your e mail address. Im at work at the mo and the e mail is stored in my outlook express at home. So soon as Im home after 5, I can forward a copy of the e mail to you. Gladly. I dont mind one bit........... nothing private in there, other than relating to my claim obviously. Lol xxxx And anything thats useful to anybody, Im happy to share............ Fendy xxxx