Tempty V Natwest

[archer_66]

i doubt it enaid,i asked for mine to be thrown out due to no court bundle and never got a reply!!
it would be nice though if it was right

[Tempty]

oooo you never know though Enaid, you may have something there!
Archer did they submit their bundle in the end? if they did how late was it?

if coblers don't conform I feel a phone call/visit to the courts on a daily basis may well be in order + maybe a letter every few day's requesting it struck out just for good measure. Hmm constant gentle harrasment may be the key...... but then again probably not, anythings worth a go though.

[archer_66]

tempty no court bundle was sent by them and i was told that they have NEVER submitted one!!
and dont forget i got my cheque after my court date so they def had not submitted one.i had to ask for it to be adjourned to await the cheque.
and when i phoned them to annoy them they didnt seem bothered at all and very evasive!

[Tempty]

I know what you mean Archer, it seems the banks are a law unto themselves and seem to be allowed to do whatever they please.

Oh well I'm starting to get my bundle together, waste of time or not. Have a feeling Coblers won't even bother but hey....play the game by the rules, then shout like hell when coblers don't....one step at a time eh!

this bundle lark is'nt as easy as i thought either!
does anyone know where i can find natwest term and conditions for 200 onwards? I only have the very latest ones....got that sent from the bank.

Also my claim slightly runs over the 6 yrs period, I know some of you have had the same thing! I believe fendy had something that would blow any argument for going over the 6 yrs out of water..... but typically she's still enjoying her hols! (what...... you did'nt know she was on hols....lol) I think I remember her passing that data on to someone but I can't for the life of me remember who it was!! any advice on this gratefully recived.... I may be going over the top But I just want to make sure I have all the bases covered.
I'm even going to include human rights law, regarding my right to a trial within a reasonable amount of time (might make the judge think twice about staying my case!) ya never know it might help!
I'm going to include the Tax Credit Act 2002 and a cover note explaing the dates from which family tax credits were the ONLY form of income going into the the account. and the total amount of charges. (I allso have copies of letters sent to natwest backing up the fact natwest were aware of this)

all this as well as the usual stuff listed in the template section here.
If i can find all the information that is...... all I keep finding is references to the information I need but no links.....and my net is playing about today aswell Grrrrr
Lol no rest for the wicked

[Tempty]

Re: Tempty V Natwest



Ok I've just had 3 hours sleep after a busy night at work, come downstairs to find this on my doormat! I'M BLOODY FUMING. Need advice now! what do I do I'm literally shaking with anger right now.......... how can they be allowed to get away with this? surely if they try to stay my case this a direct breach of my human rights! This case has been filed since the 10 may! bear in mind allso the fact that for the last year ALL funds that have been taken are Tax credits...... and therefore SHOULD BE PROTECTED under the Tax Credits Act 2002. the offer they refer to is the one they sent me dated 5 June... BEFORE I had ammended my claim due to the fact they had failed to provide all statements containing charges. my origional claim was for £3100 ish.... the offer was for £3005. My amended charges alone are £4848. with standard 8% this comes to just over £5600.
Does this letter actually mean anything? does it carry any weight? or it just another case of the banks blustering bulls***e. I really really need some advice on this.


03-Aug-2007
Dear Mrs Tempty
We refer to your complaint about bank charges. We wrote to you recently making you a goodwill offer in
full and final settlement of your complaint about these charges.
We believe the charges are fair, transparent and lawful.
Since we last wrote to you, the bank (and several other banks) became involved in legal proceedings with
the Office of Fair Trading ("OFT") about bank charges which we believe will resolve the legal issues on
the fairness and legality of your bank charges.
We have asked the Financial Services Authority ("FSA") to suspend the normal timetable for dealing with
bank charges complaints, and the FSA has agreed to this request subject to conditions that protect your
rights.
However, the goodwill offer the bank made to you still stands and you can accept or reject this offer. If
you decide to take up this offer, you must contact us within 2 months from the date of this letter. You
should be aware that if you accept this offer, this will be in "full and final" settlement of your complaint.
This means that it is unlikely you would be awarded a further sum even if the test case indicated that you
could be entitled to a potentially larger amount. Though this does not preclude you asking for repayment
of any future charges if the court finds they are unlawful.
If we do not hear from you within the specified 2 months, we will assume that you have decided to reject
this offer and await the outcome of the legal proceedings with the OFT. This means that the bank's offer
will expire (i.e. can no longer be accepted by you) and we will reconsider your complaint once the test
case is resolved. We can assure you (in that instance) we have registered and stored your complaint.
Please retain your bank records, as this will make it easier for you to support your complaint on resolution
of the test case.
Once the legal proceedings between the OFT and the banks finish, we will resolve your complaint as
quickly as possible and apply the (test case) principles. This may produce a larger or smaller figure when
compared with the current offer.
We are sorry that we have not been able to respond in full to your complaint now, but we (together with
the FSA and the OFT) think that it is necessary to resolve the key legal issues before we decide how we
should respond to your complaint.
Obviously exactly what will happen next will depend on the courts. We do not know how long the case will
take - we have promised to proceed as quickly as possible but inevitably given the importance of the
issues being considered this may take many months to finally resolve. But we can assure you that once
the legal proceedings are completed we will resolve your complaint as quickly as possible. If at that stage
you do not agree with our conclusions you will of course be able to refer your case to the Financial
Ombudsman Service ("FOS") (or to the courts).
Given this court case we have asked both the FOS and the courts not to proceed with any other case
they are hearing until the test case is resolved. FOS has indicated that as a general proposition it will
indeed not proceed with cases which rely on the legal issues being considered in the test case.
Similarly, you should be aware that if you choose to issue a claim in the County Courts, "the Master of the
Rolls" (in England & Wales) or "The Lord Chief Justice" (in Northern Ireland) has, at our request, issued a
notification to the County Courts suggesting they stay proceedings about bank charges until resolution of
the banks' proceedings with the OFT. Alternatively the bank will immediately apply to the Court for an
order to stay your action until resolution of the bank's proceedings with the OFT.
We will keep you updated appropriately about the proceedings with the OFT. You can also check the
latest position on our website at htip.//www.natwest.com/overdraftchargesupdate.
The FSA requires us to ensure that any bank charge complaint will not be adversely affected by the delay
in dealing with it. For customers for whom Scotland is the most likely jurisdiction: In particular, your right
to refer your complaint to the FOS will not be affected. The FOS provides a convenient alternative to the
courts, and is free for consumers. However, if you nonetheless wish to continue your claim through the
courts in Scotland, you may wish to seek advice on filing a claim now to protect your rights in prescription
although you will have to pay a fee.
If you have any further questions or would like an update on the latest position regarding proceedings
please check our website http://www.natwest.com/overdraftchargesupdate or call us on 0845 3030 456.
Lines are open 9.00am - 5.00pm Monday to Friday or 9.00am - 1.00pm Saturday.
Stuart Higley
Customer Relations



National Westminster Bank Pic. Registered in England No 929027. Registered Office: 135 Bishopsgate, London, EC2M 3U
Authorised and regulated by the Financial Services Authority


Yours sincerely

[Paule]

Re: Tempty V Natwest

Halifax have been sending this letter out as well.

I think its the latest fob off letter they have invented. They are trying to intimidate you into thinking that if you diont take their offer now, you wont get anything.

You can write back and accept as part payment and you will carry on with proceedings for the rest.

If they make an application for a stay, we can sort that out when it happens.

Thats my opinion

DONT stop your case and carry on with your timetable.

The FSA cant control the courts and make them stay all the cases, some courts are doing, some courts arent.

Thays my opinion

[enaid]

Re: Tempty V Natwest

Well I'm no expert Tempty, but it looks to me like they are trying to get you to accept a smaller amount, your bundle has to be in by14th. I should imagine it will then be up to the judge if he carrys on or stays your claim. That is what I was told at my court anyway. If they do not send in theirs, as they will have the same instructions as you tis them who have breached the orders.

[enaid]

Re: Tempty V Natwest

Blimey Pk thats a fine chest you have developed on your jollies lol, I would stay away from Russ if I were you.
Tempty calm down, don't go getting all worked up, it will be ok.

[Paule]

Re: Tempty V Natwest

This is from another site

(14) if the firm attempts to resolve a relevant charges complaint after the date of this direction (other than those described in condition 12(4)):

(a) the firm must not seek agreement from the complainant that the resolution is in full and final settlement of the matter;

(b) in relation to such complaints, if the outcome of the test case produces a result that is more favourable to the complainant, the firm must take all reasonable steps to pay any difference in the amount of compensation actually received by the complainant and that that the complainant would have been entitled if his claim has not been settled by the firm then; and

(c) the firm must explain the implications of its approach and commitment;

http://www.fsa.gov.uk/pages/Doing/Re...ction_disp.pdf

[Paule]

Re: Tempty V Natwest

Blimey Pk thats a fine chest you have developed on your jollies lol, .

I decide to let my hair down as well...lol

[Tempty]

Re: Tempty V Natwest

I know I should calm down enaid...... but i'm soooooo bloody tired right now and just feel so compleatly deflated by this, I'm gonna go have a bath.....and try to calm down a bit. then I'll ring the court maybe...and try to get their take on it

[LuggerBugs]

Re: Tempty V Natwest

You COULD write and say that you accept the offer, but only as partial settlent to your claim, and that you reserve the right to continue with your claim for the remainder, but you need to make this very clear in your response if you decide on this route.

It actually sounds as if they think they are doing you a favour by making this offer, but the reality is, they KNOW that they will be stuffed should this get to court.

[WendyB]

Re: Tempty V Natwest

Seems to me they're just presuming that every case is gonna be stayed and hoping you'll take the smaller offer and go away. I wouldn't contact them at all till you've spoken to the Courts. And the letter gives you 2 months to reply so thats plenty of time to find out whats happening with your case.

[WendyB]

Re: Tempty V Natwest

Cos you might then be able to reply saying

Dear Nutters West

thanks for your offer but no thanks. Your presumptuous letter has obviously cut no ice whatsoever with His Worshipful Judgeypantsness presiding over Real World Court, as he has not granted a stay in this case and therefore you are ordered to proceed with the original hearing on XXXXX as planned. I look forward to seeing your (invisible) representative in Court and await a copy of your court bundle, I am sure you have read and inwardly digested the contents of mine, which i took to the court on 14th August as directed.

Yours sincerely

Mrs Tempty doneitbythebookbutyouhaven'tpants.

Best of luck, have a cuppa and calm down

[enaid]

Re: Tempty V Natwest

Nice one Wendy, lol they buggers are'nt they, just trying to save a few bob in my opinion. It is a bit scary though when you get a letter, then when everyone has their take on it, things don't seem so bad.
Seems as though Tempty has had her fair of ups and downs now though, she deserves to get this sorted soon and I hope she does. Enaid x