Tempty V Natwest

[enaid]

Well as they are both reclaimable then that must be ok, as long as they can't knock you back for any of your charges and you have informed them you are ammending your claim. Anyway it won't look good for them when you can prove they did not send all your statements as part of your SAR.

[Tempty]

ok this is my letter to mr higley
I have'nt sent it yet, so coments, amendment suggestions welcome.

Mrs. Tempty
xxxxxxxxxxxxxx
xxxxxxxx
xxxxxxxx
xxx xxx
TELxxxxxxxxx
DATE: 11/06/2007

REF ACCOUNT NUMBER: xxxxxxxx
SORT CODExxxxx
CASE REF NUMBERxxxxxxxx


Dear Mr Higley

you are by now aware of my intentions to reclaim bank charges made on the above account over the period of the last 6 years. I am disappointed to say the least that all previous attempts on my behalf to settle this matter in a civil manner were ignored by yourselves. and in fact no communication regarding this mater has been received from you to date!
I feel this has been very poorly handled on your behalf and that I was left little choice but to take my claim for these charges through the court legal system.

since filling my claim at the court However I have discovered further charges debited from the account that I had not previously included. I shall now of course submit Form N244 to the court to amend the total amount of my claim. The main reason for this failure to submit a full and true total of the charges is Natwest's failure to disclose a full statement list of all charges incurred when requested to do so! I did not receive the requested information in the time slot allocated and twice had to chase the statements by telephone. When I did receive the information I failed to notice that certain pages scattered throughout the bundle were missing!!. Since filling my claim with the courts I received yet another list of statements. These were a full and complete list and contained all previously missing pages. I would like to add at this point that all of the 10 previously missing pages held at least one or more charges!.
I can only assume that this has been a genuine mistake on behalf of Natwest and not a deliberate attempt to delay any court proceedings.

I trust I shall not receive any difficulties from yourselves in amending this claim given the reason for the amendment.
I have attached a new detailed and true copy of my schedule of charges for your records and will of course forward a copy to your solicitor Lynsey Burgoyne of Cobbetts LLP


I would also like to take this opportunity to inform you of what I can only describe as a serious breech of conduct on the part of Natwest! Since August last year the only funds to enter my account have been paid in by Tax Credits and Child benefit! It has been brought to my attention that these funds are deemed to be exempt from any bank penalty charges under the Tax credit Act 2002. Please read below

The relevant section from the Tax Credits Act 2002.

45 Inalienability
(1) Every assignment of or charge on a tax credit, and every agreement to assign or charge a tax credit, is void; and, on the bankruptcy of a person entitled to a tax credit, the entitlement to the tax credit does not pass to any trustee or other person acting on behalf of his creditors.
(2) In the application of subsection (1) to Scotland-
(a) the reference to assignment is to assignation ("assign" being construed accordingly), and
(b) the reference to the bankruptcy of a person is to the sequestration of his estate or the appointment on his estate of a judicial factor under section 41 of the Solicitors (Scotland) Act 1980 (c. 46).

Furthermore I would also note that during the month of April 2007 a total of £498.78 in said benefits was paid into my account and a total of £704.00 was debited out in charges alone!! thus leaving me with no funds available to provide even basic living for my family. During the month of May my account had been passed on to the collections team, And after discussing the matter and of my intention to start court proceedings an artificial overdraft was placed onto my account for a 1 month period in the hope that the matter would be resolved by then. This was then removed on the 31st of may. On the 5th of June I rang the collections department again, as of course the overdraft had been removed and Natwest had again swallowed my child benefit paid into that account that day!! At this point I was informed the collections department could no longer help and was passed through to the lending department. Here I was informed that my only course of action now would be to take out a personal loan with Natwest over a 5 year period!!! (even though the operative was well aware of the fact that monies being taken from the account were Tax Credits) Although I have accepted and agreed to this loan, I feel I was given little other choice.
I have no personal complaint against the operative, he was polite and curtious and I did genuinely believe at the time that he was recommending what he believed to be a reasonable course of action. Although I can't help feeling that I have been lead into an agreement that under normal circumstances I would not have agreed to accept.
With this in mind I am prepared to extend an olive branch one final time and would be prepared to except an offer from Natwest for the amount of £5000 paid into my account forthwith.
In the interest of saving Natwest any further embarrassment by continuing this claim I am prepared to wait a further 48 hours before submitting the N244 form to the court.
I await you reply with interest

Tempty


Too bolshy? not bolshy enough?? or just an outright are you nut's?? no way you should send that LOL

[Tempty]

the final amount by the way was £5428 So I'm letting them off £428 LOL

[enaid]

So all in all, they broke the law on the SAR, they broke the law taking charges from benefits and flogged you a loan you should not have need for, if they hadn't broke the law on taking charges and what about the rate of that loan it wasn't the normal 7% ish was it? They make me sick, I would put it in there about the high interest rate of the loan, maybe even what you were paying back monthly!

[enaid]

the final amount by the way was £5428 So I'm letting them off £428 LOL

YOU WHAT????????

[Tempty]

YOU WHAT????????

Ahhh Enaid I'll "only" do that if they make an offer of £5000 to be paid into my account within 48 hours

LOL I honestly can't see them doing that

[Tempty]

ok have added the payments to it
60 months @ 39.15
interest is ...... a staggering 25.1%

ok I feel sick aswell now.

[enaid]

I think there are loan sharks collecting at your door, that have lower interest rates than that

[Tempty]

I think you could be right there

ok deep breath, have clicked send button. will post hard copy out aswell, should catch post if I hurry

[WendyB]

Did you post it Tempty?

[Tempty]

Did you post it Tempty?

yup, I did indeedy

not gonna hold my breath for a reply though LOL

:o

hehe think those li'l smilies pretty much demonstrate what might happen if I did LOL love the one on the end

[Tempty]

Well postie just been, and no defence recived from coblers, talk about leave it till the last min Lol, Guess they'll be entering it today then!!

nothing in my in box yet from mr higley either, though I did'nt expect there to be one yet (if at all)
Lol thinking about it, if the way they've delt with everything else lately is anything to go by! I'll probaly get a reply 2-3 days AFTER my 48hour deadline Lol

[Celestine]

I have to agree Tempty, they always leave everything till the very last minute or some way beyond.

I got my defence literally on the last possible day. But they get away with it???

Good luck with your claim, watching with interest.

[Tempty]

Thanks Celestine

there really are times when I don't think I could do this without all the support. It really does mean alot

I'll keep you posted

[WendyB]

Good luck mate....had some of my own today....