Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I'm new to this site and it's made interesting reading (and I'm getting paid for doing it which is nice!).
We have sent our first letter into Natwest and according to Royal Mail website it was delivered last Tuesday. It's £8795 since January 2002.
I'm expecting the initial sod off letter but I'm surprised it hasn't come just yet - from reading this and other forums, the first response seems to be flat rejection without any investigation or consideration.
I assume it's too much to hope that they are starting to give consideration to saving themselves a small fortune by just coughing up before they get hit with costs and interest as well and my cheque will be in the post.
I'm also disputing a consolidation loan which I was forced to take to cover my bank charges (or unauthorised borrowing as they like to call it). Having informed them that this was in dispute, they failed to take last months repayment, even though the money was in the account and charged me £38 for the privilige.
I have now had a letter telling me that they have suspended all of our cards until such time as the loan account is brought up to date, thus preventing us from having access to any cash or purchases (well, that was the idea but both our salaries are going elsewhere now so it's not actually a huge deal) but is it actually fair or even legal for a bank to hold you to ransom like that. We have a 16 month old son who seems to be at the mercy of Natwest as to whether we can buy food, nappies etc.
There are things in here to say you do need to open a new account before contesting the charges as most banks to freeze accounts or close accounts, if i was you i would go in and demand the money out of your account as it is unfair to not allow you funds to live on and i would seek advise from the citizens advise also, i would set up another account with another bank asap.
My advice is only my opinion, I am not a legal expert.
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Paul, ignore what i wrote on my own thread (in response to your post) about phoning them. If you've sent it recorded delivery and Royal Mail have confirmed receipt i'd just continue with you own timetable. i.e send the lba 14 days after you sent the prelim.
One thing i would advise is to split your claim in two so each one is less than £5k (after interest) so they both go through the small claims track, starting the second after the first is completely settled. This way you're more likely to avoid having to appear in court. And i think there are other reasons too but i'm not sure of the implications.
NatWest:
Sent LBA on 12 May.
Submitted MoneyClaim on 30 May.
Acknowledged 7 Jun, 3 Jul deadline for response
Defence filed 4 Jul
Received their copy of AQ 21 July, awaiting court date
*********** SETTLED IN FULL - 17 August *************
Egg Card:
Requested Payment Protection Refund on 20 May,
Sent Data Protection Act request, egg acknowledged,
8 Jul deadline for response.
26 Jul: Sent Prelim Letter
01 Sep: Sent LBA
I have just purchased the Self Help Guide to Small Claims from this site. If you look in the faq's in the review, I can't split the claim up just to keep it in the small claims track - it's all one claim so it will have to go through the county court, probably on the fast track.
As far as I'm aware, Natwest haven't actually been to court yet (that's probably tempting fate) so I'll just have to go for it!
I'm sure other people have split their claims into time slots to keep them under £5000. Could you claim for 2002 - 2004 & then 2005 - 2006?
BTW I'm also from Sherwood Forest!! Whereabouts are you?
FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06
TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06
LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06
EGG: £451.52 SETTLED IN FULL 18/01/07
Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.
Right - I've had the standard sod off letter from Stuart Higley so it's court time!
I just need some advice though. The account was originally a personal account in my wifes name. When we got together my name was added to the account so any charges between 2002 & 2003, the account was in her name only. Any thing after that is in joint names.
Does she have to initiate a separate claim for the charges made before it became a joint account or do we just plough on with the full claim as it all relates to one account?
Any ideas.
Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional. If you PM me for advice I will only reply in your own thread
i'm a bit unsure whether the consolidation loan you mentioned has caused your claim to jump to 22k from 8k, any chance you could you give us more details.
i'm sure you've already read it but this is a similiar case
Natwest Have Failed To File Acknowledgement. I Have Today Requested Judgement In The Sum Of £22121.95
Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional. If you PM me for advice I will only reply in your own thread
Natwest Have Failed To File Acknowledgement. I Have Today Requested Judgement In The Sum Of £22163.95
How much????? They have so far failed to acknowledge mine either and they have till 2moro to file defence 12th Sept so i will be getting up early to fill default! Hope yours doesn't get overturned. Oliver
My advice is only my opinion, I am not a legal expert.
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No news yet - I'm waiting for the application to set aside. I'll be almost disappointed if they don't try.
I intend to fight the application when it arrives on the basis that if judgement is set aside it sends a clear signal to the banks that they don't have to comply with the timescales set by the courts and are free to do as they please. They are not. They have to meet the requirements of the system the same as the rest of us. They have lost the case by default. If the situation were reversed I doubt I would get a set aside so bring it on!
Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional. If you PM me for advice I will only reply in your own thread
You are two days in front of me, i agree that you need to show the courts, i think that is what i will be doing as well. As i understand it the banks have till 4pm today to enter a defence then by law i win. I don't believe they should be allowed to set it aside, if i did it and ignored a claim coming to me they wouldn't let me set aside a judgement.
My advice is only my opinion, I am not a legal expert.
IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.
Paul - I agree with fighting the set aside in principal - the only thing is the additional time it adds on to claim....but then agreeing to it seems to drag things out a lot too.
It might add time Karne but at the end of the day they can't be allowed to ride roughshod over the rules. As Oliver says - the rules apply to both sides.
Had an interesting conversation with Natwest today. They rang me to find out why I wasn't paying the loan. I suggested that the woman on the phone spoke to their legal department and default the loan at their peril - if they do I will sue!
She ended up putting the phone down on me (having accused me of being patronising) when, against my better judgement I was forced to tell her that Mansfield county court had issued judgement against Natwest in the sum of £22000. I don't think she had ever come across this one before as they normally expect to be on the winning side. She had never heard of Stuart Higley and didn't even know that Natwests registered office is 135 Bishopsgate, London.
I came off the phone pmsl.
Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional. If you PM me for advice I will only reply in your own thread
TheCobbettSlayer v NatWest ***WON***
and according to Royal Mail website it was delivered last Tuesday. It's £8795 since January 2002.
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Yeah hit em with court......thats when things start happening...good luck
Originally Posted by paulshieber
