NatWest BANK - CCJ - Bryan Carter & Co.

[SHERLOCK]

Thank you, that clarification was just what I need

N/W and/or BC&Co obviously left me to figure this out!!

One more question, in your opinion should I pursue any charges reclaim or let it lie?
I'm assuming, maybe wrong, the previous CCJ they obtained was done without these facts also, but was on my credit file when taking out my previous mortgage/credit.

The alleged debt is 10 years old and I think it was a combined loan/overdraft.

[SHERLOCK]

Laugh, just a little, not 2 hours after replying to Laiste's thread guess what falls through the letterbox................ ....you guessed it...........

Robinson Way & Co, NatWest.....same account number, different amount (£500 less) - Formal Demand for payment, dated 25/03/07.

States 'this problem will not go away or be forgotten' :o

Laiste, I think they are questioning your post!!

Next course of action please

SHERLOCK

[Laiste]

Hi Sherlock,

My words were obviously prophetic! LOL I would let R&W write and telephone you to their hearts content. Keep all correspondence, make a note of all tel calls from them answered or not. If you do pick up the phone, simply state you don't deal with financial matters over the phone and due to Data Protection issues, you have no way of verifying who they are and hang up, making sure to get the caller's full name at the start of the call. Do not get into any discussion whatsoever about this matter being discontinued.

Personally, I would let this continue for about six months, then slap them with a County Court claim for unlawful harassment and unlawful processing of your personal information under the Data Protection Act 1998. I am certain we will be able to add to the list of offences by then....!

At the same time I would also slap N/W with a claim for the charges you mentioned as well as passing the matter unlawfully to a DCA for collection, harassment, disclosing your personal information without any contractual/legal basis for doing so, in contravention of the Data Protection Act 1998 and probably other matters as well, when I've had a think about it!

I believe in giving these organisations enough rope to hang themselves, sit back and watch your case against R&W and N/W build itself!

Hope this helps!

Laiste.

[SHERLOCK]

Immensely helpful, thank you.

I changed my number long ago and do not get calls, maybe I should let R&W have it .Thinking of getting a 0870 no.

Thanks again, I would love to see records of charges from NatWest, they haven't answered my S.A.R. - YET

[SHERLOCK]

Hi again,

Received second letter from RW&Co. giving notice of intended court action, valid even if not read by you!!!!

TAKE NOTICE that documents are being prepared for the issue of proceedings etc!!!!

Is this a standard letter? Thanks

I am thinking along the lines of letting this go to court and counterclaim for the same amount they are requesting, is this viable?.....I have no record of payments made and they haven't been supplied!

Sherlock

[ScarletPimpernel]

It's a standard letter.

[SHERLOCK]

RW & Co. at it again, 3rd letter in a month!! is that harassment?

Immediate action required blah, blah.

This account will not be closed, but will stay registered as an unpaid debt in your name. This will adversely affect your credit rating. (please, go ahead, exactly what and where they are registering though would be deemed totally unlawful, would it not?)

sherlock

[Laiste]

Hi Sherlock,

Their correspondence does amount to harassment. RW&Co are lightweights to be honest, it is extremely unlikely that this organisation will file a claim at Court. The parts of letters you have quoted are all standard fayre from them. It might be these jokers that don't have a licence to process data under the DPA1998, can't remember off the top of my head. Don't use that bit of info now. If it does indeed turn out to be correct when a claim is filed, that would spell really big trouble for the idiots!

If a claim is filed you should definitely file a counter-claim, which may even exceed what they are asking for, not simply equal it! We can get into all the relevant issues to be raised in a claim, if and when that happens, it would take too long to go through now!

This is entirely up to you but if you gave them your tel number, it would strengthen your case for harassment as they would definitely make use of it! I suppose it depends really on whether you fancy playing games with them and laying the trap so to speak....! I wouldn't recommend it for those who can't confidently deal with these Companies, but if you have a sadistic streak.......

Regards,

Laiste.

[SHERLOCK]

RW & Co again

Notice of home visit by a local debt collector (to secure an arrangement for full payment, NO LESS) in 7 - 10 days!!

SHERLOCK

[SHERLOCK]

nothing exciting, Another R&W Letter.

other half wondering why I don't call them to explain!!

Well I prefer not to, this 'alleged' debt amount is 10 yrs old now and I still don't recall amounts and/or type of account and Nasty have supplied me with nowt.

SIT TIGHT AND WAIT

[SHERLOCK]

Two letters today

One from our friends at RW&Co offering a significant reduction!! -
One from CHASE , threatening a visit!!

You would think these DCA's would be a bit more imaginative - same font, same address, same fax No.

I'm wondering what to say when the agent turns up.......hhmmmmmmmm.
How about, "have you got the agreement to hand?? No, didn't think so....now $£%^&*&^*&^%$£"££$%%^&^&* &^%^%$£$% Please"

SHERLOCK

[payingonlyencouragesthem]

It will be interesting to see if it goes back to Bryan Carter again in six months time. Having just crossed the BC discontinuation hurdle myself I'm now awaiting RW's efforts. All this popping in and out from different DCA's reminds me of a French farce.

[SHERLOCK]

Hi, its been a while.

Latest attempt for payment of this alleged debt..........capquest

A red letter threatening a county court claim unless you make a payment!

Well, lets go for it. Bloody amazing innit. 3rd DCA after this amount (although CHASE are obviously the same comp. as RW&Co).

Is it time to turn the screw. Wondering if in light of bank charges claims being stayed, if a CCJ was attempted I can claim a stay anyway bcoz the OFT case outcome will affect my counterclaim!!

Revenge is a dish best served VVVEEEERRRRYY cold.

SHERLOCK

[groovychickmum]

hi sherlock, i was sorting out partners 'debts', numerous letters stating no payment received,(erm, i signed cheques and paid) no communication (telephone in my name,and i pulled up 2 calls,1 lasting 11 mins), anyway, whoever it was(yep,bc) 'passed' it to cyclone ,who 'tried' to take partner to court for a partial. anyway, me, yep.....having the experience gained from here,lol, defended the claim, with copies of letters, and that no show on documents from cca request,( yep, they must have thought partner would through all the letters in the bin..mmmmm, he would, but i dont), anyway, letter from court stated my (his) defence was being served on the claimant, so, basically,received notice of discontinuance of proceedings,then 3 days after, a letter stating PLEASE NOTE THAT WE HAVE BEEN INSTRUCTED TO TAKE NO FURTHER ACTION AGAINST YOU AND HAVE THEREFORE CLOSED THE FILE.

a good result................... ....for now, because no doubt another collector will come along and think i (my partner) havent got the brains to deal with them in a legal way.................well we havent but this site helps u that much, so anyway, yep,keeping all the letters in a file, just in case it gets passed to someone else in the future.

[payingonlyencouragesthem]

Originally Posted by SHERLOCK

Hi, its been a while.

Latest attempt for payment of this alleged debt..........CAPQUEST

A red letter threatening a county court claim unless you make a payment!

Well, lets go for it. Bloody amazing innit. 3rd DCA after this amount (although CHASE are obviously the same comp. as RW&Co).

Is it time to turn the screw. Wondering if in light of bank charges claims being stayed, if a CCJ was attempted I can claim a stay anyway bcoz the OFT case outcome will affect my counterclaim!!

Revenge is a dish best served VVVEEEERRRRYY cold.

SHERLOCK

Good to see you back Sherlock! Have they sold it to capquest or is this just a another collection attempt by NWB? I've just given RW a knock back and got a very angry letter from the good folk at Ironmasters Way. Best just to CCA capquest and ask them what part of "unenforceable" is it NWB don't understand. The bank charges bit won't be needed methinks.

[SHERLOCK]

Howdy POET, GROOVYCHICK,

NOTE TO GROOVY - Had the notice of discontinuance, this I believe doesn't deter the creditor from other underhand ways of obtain the alleged debt (6 months since discontinuance)

Its good to be back, never been away but letters have been few and far between, they must be getting their house(s) in order.

It states NatWest as their 'CLIENT' .

These DCA'S are getting very tiresome are they not!!

SHERLOCK

[NitrousOxide]

Hi,
I would send them copies of all the last court action including the notice of discontinuance. Tell them then that you welcome any court action they may bring.
They should drop it like a lead balloon.