veilside01702 vs Nutwest *** WON ***

[enaid]

Blimey veilside is there nothing can be done for you? I've had migraines in the past and they are bad enough Can't imagine what it's like for you.

[veilside01702]

Hi enaid.....just posted in fendy's bar thread.....lol
I have Cluster headaches, SUNA headaches and another rare one....can't remember the name....lol
Lets just say I stay in a lot......embarassing to say the least.....collapsing in heap on floor clutching my head.....down the pub.....lol
But starting to learn to deal with it after 5 years.......
Was worse when I had treatments that didn't work and caused depression, sickness, memory loss, memory loss, memory loss.....lol

[enaid]

Well I will say veilside I too have collapsed on a pub floor, but not in pain more of a can't stand situation LOL. Well I don't envy you at all, it must be awful. As you say though if the treatment caused that many side effects I suppose all you can do is live with it.

[Delta]

Enaid, its nice to know that I am not the only one that suffers from leg switching off syndrome!

Veilside, really sorry to hear about your headaches, I suffer with migraines and know what they can be like and an old boyfriend of mine had clusters.

[veilside01702]

Hi enaid.....I get the headaches when it's time for me to buy a round usually.....lol

Hi delta.....It's a change for a guy to use the line "Not tonight I have a headache"....lol
My other half hates it when I do it.....lol

[veilside01702]

Right......Update time!!!!!!!
Had call from AM at Cobbetts........fendys friend......lol
She wants to come to a figure today and try to settle prior to court......
She has already removed the Gagging Order from the offer.......lol
Bet we don't agree what I think is fair.....lol
She has mentioned about £2400 in charges, interest and £120 court fee!
I am thinking of asking for the overdaft to be paid off and account closed and I will walk away now.....The overdraft is £3000 + £257 in aditional charges that have pushed it over the agreed limit....
And an admission from Natwest that they should not have taken my benefit......??
As well as compensation for distress caused by Natwest not supplying my SAR's documents.......even after 60 days+.......lol
What do I need to do for a wasted costs order????
Russ

[veilside01702]

To follow is a breakdown of my calculations for my account number **********,
sort code ******.



a. Charges £1,170.00
b. Additional charges (24/2/07-present) £601.21

Total of charges to date = £1771.21

c. Compound Interest (29.6%) £1312.85
d. Daily interest £28.86
f. Court fee £120.00
g. Costs incurred £200
h. Compensation or 'Goodwill Gesture' £500

TOTAL £3932.92

c. Compound interest - at Natwest's Unarranged Borrowing rate of 29.6% annually or 2.19% monthly. This rate is being sought under the principle of mutuality and reciprocity. As Natwest would charge me the same rate if I was to owe them the money without authorisation!

g. Costs Incurred - Paper, Envelopes, Printer Ink, Postage, Telephone calls made, My time.

h. Compensation or 'Goodwill Gesture' - After Natwest took my Protected Benefit without my consent, I incurred various charges from service providers, this caused distress and worsened my long term illness.

Other terms :-

1) Natwest provide the requested breakdown of their ‘Penalty charges’, as previously
requested.
2) That your non disclosure clause be removed from any agreement!
3) Natwest acknowledge in writing their failure to supply the information requested under my ‘Subject Access Request’ dated 12th April 2007. As of 18th June 2007 I have received only a handfull of account statements and NO proof of any Manual intervention, Computer records or recorded conversations, etc.
5) Natwest fulfill the ‘Subject Access Request’ as required under ‘The Data Protection Act 1974’
6) That Natwest agree, in writing, not to place any ‘default notice’ against my accounts as previously threatened!
7) That Natwest Appologise for wasting my time and the time of Southend on sea, County Court, by refusing to even discuss this matter until 3 weeks prior to the hearing date.
8) That all points are completed prior to the court hearing on 27th June 2007.

Since making my previous offer of settlement I have considered the distress caused by this matter and the costs incurred in recouping my charges. I have added these to my total for your consideration.

If all these terms are acceptable then this will end any claim for the refund of Charges, Interest and Court Fee’s between:-

1st January 2001 and 31st June 2007.

Ending any further action for charges added after the original case was issued until 31st June 2007 and saving your clients further costs and myself any further distress.
I look forward to hearing from you with regards these negotiations.....
Yours Sincerely

Any thoughts to this email I just sent Cobbetts??????????

[Tempty]

looks reasonable enough to me
you can only lay it on thick and hope it sticks LOL
good luck, hope it works

[Fendyweather]

I would agree with everything in there Veilside apart from point 7, the apology. Whilst it made me laugh like a mad thing, lol lol lol, there, still laughing now, and whilst I agree with every word in it, the natwest will never ever ever apologise in writing. Just wont happen, Lol Lol Lol. Im pretty sure you stand a good chance of them agreeing to a lot of the other stuff but deffo point 7, I would put money on it, THEY WONT DO. Lol Lol, but god bless ya for asking and even thinking up that one.

They have tons of staff off sick at Cobbetts AM told me. And they are looking to try and settle as many cases as possible quickly, in order to free up the backlog, and help get rid of some of the claims and staff are going down like flies with some kind of bug she said, and there will be a lot of deadlines that are creeping close where they could even be missed due to the staff shortages. I think shes a lovely lady and you may stand a good chance of them agreeing to everything. Except the apology mate, nice as it would be Lol Lol Lol xxxxx

I just posted major congrats to you in the Tequila Lounge my friend on your t'other win. Not a lot else to really except, WOW, YOU ARE A TRUE STAR, AND GENUINE NICE GUY INTO THE BARGAIN, I hope you will stick around for chat and banter and not disappear into cyber space forever my friend. You are a bag of laughs and we all love ya. Fendy xxxx

[Fendyweather]

Veilside, what does the total come to if you just go for

a) charges
b) court filing fee
c) interest at 8%

Does this come out at approx. her offer. One thing I do consider Ive sussed about her, is

She is true to her word on what she advises, (not necessarily what natwest want, but she is truthful), and she is fair. So I have found anyway.

What does above come to ???

[Fendyweather]

The one thing she said had gone in my favour for early settlement was that I had never tried to claim contractual interest. She said they always fight those ones as long and as hard as they can. But in light of the fact I had been fair in her eyes, thats why she was willing to go down the road of early settlement, um, not sure if its true, but just thought I should mention it. xxxx

[Delta]

Fair point Fendy, it may be as well to settle for that rather than risk them getting shirty and striking out the whole claim.

[veilside01702]

The total she was offering is all the charges, 8% interest, court fee.....
This will settle all charges upto 31st June 2007....
Apparently me asking for costs and compensation...was a big NO...as it wasn't in my original claim....lol
Worth a try.....
I guess I could always go for the Ombudsman for the compo and the court for wasted costs thingy.....????......lol

[Fendyweather]

Im not saying Settle veilside, Im just saying, quickly do the calculations. If the amount theyve offered, is made up of

charges, interest at 8% and court filing fee, then its up to you my friend, but I would accept. They may seem desperate to settle, but then again a court may look upon you as being greedy if you dont accept when theyve offered you the basic that they are meant to offer you once its got to court filing stage.

I cant decide for you russ, but if I was you, I would accept, but only if the amount offered, comes to

charges, 8% and court fee. I wouldn't settle for any less than that at all. You could fight for contractual and you could win, you genuinely could, but is a case of do you want it drag on even longer, and the court at the end may only award you the standard 8% and not contractual, its a risk you run. Ive got a court trial date for flipping December and thats what I was looking at having to wait until if I hadnt accepted their offer. I mean, December for gawds sake. that would mean the whole thing had been a year from start to finish. I just couldnt take it if it dragged on that long. Lol xxx

But if you are up for the fight, and can afford to wait, I would fight for contractual. But if you need it quickly, then I would accept. Only my view remember, Im not an expert at this. Honest. xxxx

[Imagine]

I'll have to sit on the fence methinks.............. as I'm not a huge believer in contractual/compounded interest claims. AND BEFORE YOU ALL SHOUT AT ME- HEAR ME OUT!!!

Hand on heart, I know for a fact that any cash I have in my current account would never be there long enough to earn any kind of interest at all. I earn it and I spend it.............. as you do when you have a family! Therefore, I have to question whether I, as a claimant' have the right to claim something that I never would have had in the first place. Do I want my charges back? Yes! Do I want my court filing fee back? Yes! Do I want the 8% stat interest? Well, if the court awards in my favour............... then I won't say no!!!! Do I want something I never would have had anyway? Well.............. er.................. no, actually I don't!

I'm not an expert on this at all........... I'm the first one to say that. This is purely my opinion and I'm just thinking out loud.

Good luck veilside................ Hedgey xxxx