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Hi all,
Not very good at this . Just previewed my first thread on this forum and it seems to have disappeared ?
Anyway,just wanted to tell you all that I have written out my S.A.R - (Subject access request) ,enclosed the chq and am now waiting for the post office to open monday morning so I can send it recorded
Im going to see how it goes with Natwest,and if all goes well,then I shall follow suit with the rest !
Thought I'd start with NatWest as they were the first of the banks to go for a charging order.Then I'm trying 1st credit.MBNA and quite a few others.My worry is tho,what if the banks that I currently pay instalments to (through my dmp with the CCCS) get uppity and take revenge by applying for charging orders ?
Must admit that I am worried by all this.
Still considering Bankruptcy. My O/H did in april 04 and has never looked back.
I'll keep you all posted as to how it goes with NatWest
Welcome to the CAG and good Luck. When you have your statements any queries on charges I am sure to be able to help. Make sure you read around the CAG in the meantime to prepare yourself for the fight ahead. Good Luck
Hi . Natwest have a charging order on my home for £19500.
A large portion of this debt is made up of charges and interest that has been added on over the past 2 yrs to a loan and o/d.
I've had a quick look at my statements today and the charges add up to about £3800 not incl interest.,just on my current account.
I was just wondering if anyone else is in the same situation as me ,really,and if they are,does it make any difference to reclaiming your charges ?
My loan was basically forced on me when my current account was in a bad way and my lending manager said that it was the only way to get my o/d down. My OH had just been declared Bankrupt and I didnt know what to do.So I consolidated my debt on the advise of the lending manager.
I have a dmp through CCCS but my debt is going UP because of all the charges that Natwest are adding on.I wasnt aware that they could continue to add charges on once a charging order had been agreed.
If anyone has any answers ,please can you post here or pm me ?
Thanks in advance.
There's Hope.
Hi cheddar,
I have looked around the site and cant find anyone in the same boat as me.
Maybe i'm not looking in the right place.Not very good with posting in right place/checking as bit of a newbie ?
How pathetic do I sound ?. Sorry.
I havent mentioned anything to CCCS about going for my reclaim because not sure what they can do ?
They didnt really manage to advise me when Natwest informed me that thay were applying for charging order.
They just said that here wasnt anything I could really do .Just said to ensure that I never miss a payment because Natwest can apply for an order of sale.
Feel like giving up before ive even started which must sound really sad to you. Ive read your thread and you did fantasic,and im really happy for you. It must take huge amounts of determination to see it through.
Sorry for sounding sorry for myself ! Just been on mse site aswell looking for answers and feel a bit alone and despondant.
Had a reply back from OP re claiming interest back on what ive been charged on unarranged o/d(took me over my o/d limit because of charges snowballing) and they say it will be too complicated to sort out .The interest is over £1000 on that alone .
Any tips cheddar ? Maybe just talking to you will bring me good luck lol
Thanks
Mac
Your right it does sound sad , but not in a pathetic way, more like a person who is stuggling to keep their head above the water. But you really must.
Like you I am fairly new to this and I am also finding the whole process confusing and the advice that I can give you may not relate to your 'request' but more about your despair. You are at your wits end and can give in, but guess what, thats what they want.
You need to start taking back the power which you (and me!!) have allowed banks etc to take. In the words of Bob Marley, "free your self from mental slavery, cos none but yourself can free your mind" and while I getting all lyrical I will also add "...get up stand up, stand up foryour rights". Remember there is hope, thereshope!!!
CCCS probably won't have a huge deal of advice as they dont seem to have their heads round the bank charges are unlawful deal as yet.
The charging order was put on your property after the bank sought a CCJ ? Are you making monthly payments towards the debt under the CCJ ?
If so, and it was a loan, as far as I am aware you need to apply to have the CCJ setaside becuase of your new knowledge that the charges amount of £3800 was unlawful and then partially defend the claim against you for the £19500 to the tune of £3800. have a new CCJ set and a reduced charging order on your property.
This is just thinking out loud, and how I think I would have to go about it if my charging order had been placed before I knew to defend the charges portion.
I will try and look into it further, but I dont think it will be as simple as three letters to the bank, a court claim and bingo, I think it will mean attending court and arguing your case...possibly risking costs (although the defended amount is below 5k so you can push for small claims track)...etc etc.
Don't give up....We'll have a longer look into it, and I'll get back to you.
Scrap what I have been waffling and stessing over. No charging order !!!!!!!!
sorry for the misinformation Karnevil. Nice but a little dim,me !
I have just got off the phone to CCCS who advised me to contact the court that was dealing with my case ,basically to find out what stage im at.
Big big shock ! Natwest/shoosmiths did have a CCJ found against me,then applied for a charging order in April ,and were refused !!
I dont know a lot about judicial system but think this is a positive thing ?
Am I right in thinking that as long as I pay my monthly instalment theres not a lot that they can do ?
The thing that annoys me though,is that the amount owed is going up because of charges. Is it worth asking Natwest to stop interest being added so that I might actually begin to make a dent in what I originally owed them ? Or will they laugh at me ?
What do I do now then ? Who do I contact re CCJ amount being unfair as quite a portion of the debt is down to interest and charges being added on ?
Im also waiting for a hearing date for 1st credit . They have an Interim order on me and are waiting to slap the final order on.
Again,the balance has snowballed due to late/missed payment charges on MBNA cc.They are claiming £3782 + stat int .I have been paying a monthly instalment through CCCS ,never missed one,but they arent happy with the amount I pay.Think i should open a new thread in 1st credit forum to see if anyone at the same place im at ?
Sorry ,went off Natwest topic a bit there !
Right,im off to have a look at some other threads to see if I can get any info.
One thing at a time. Don't panic, lets concentrate on the Natwest issue initially.
I would ask for a moratorium on the interest ( I doubt they will grant it but worth a try) on the basis that you are reclaiming erroneously applied charges to your account, which puts the account in to dispute. Until such time as this issue is resolved the extent of the debt cannot be agreed, therefore no practical proposal for debt repayment can be made. The priority is resolve the situation and establish a realistic repayment programme.
Hope this helps
My advice has hardly any legal foundation whatsoever, however you never know it it might just work!
NatWest Prelim 07.10.206
LBA 21.10.2006
MCOL 30.10.2006
Acknowledgment of Service 06.11.2006
Offer of approx 50% £2200.00 22.11.2006
Full settlement £4500 received 03.01.2007
Smile settled in full
Barclaycard settled in full
RBS Worldwide settled in full
Lloyds TSB settled in full £750.00
Lloyds TSB settled in Full £275.00 11.04.2007
Lloyds TSB business account £1376.00 AQ filed
Lloyds TSB Business account settled in full 21.05.07
One thing at a time. Don't panic, lets concentrate on the Natwest issue initially.
I would ask for a moratorium on the interest ( I doubt they will grant it but worth a try) on the basis that you are reclaiming erroneously applied charges to your account, which puts the account in to dispute. Until such time as this issue is resolved the extent of the debt cannot be agreed, therefore no practical proposal for debt repayment can be made. The priority is resolve the situation and establish a realistic repayment programme.
Hope this helps
Thanks Ataction,
Your'e right.One step at a time.
Should I phone,email or write to Natwest ?
Is there a template for what I am asking for (bit of a layperson when it comes to things like this !)
Last question. To whom do I speak/send my request to, lending centre Telford , Manchester or other ?
Been in contact with Nw today re interest charges still accruing.
It seems that someone has made a boo-boo !
Been advised by NW that Shoosmiths should have really been in contact re the charges still being added.
Advised that all charges to be frozen with immediate effect and that Shoosmiths are being contacted on my behalf to get the interest (that has been added on since judgement date in Feb )removed
Advised that once account had CCJ status, all interest should cease to be added.
The least they can do considering i'm in this mess because of all the penalties they slapped on.
The guy in credit management services was puzzled as to how I had got the statement info "as we havent sent any statements".
Had to explain that I had asked for SAR,which appeared to puzzle him further as there was no record of my request logged.
Once again a case of the right hand not knowing what the left was doing...
Anyway to his credit he was very helpful,but wanted to know why I had requested SAR. As soon as I mentioned the words 'disproportinate charges'
he said he had to read a couple of paragraphs from 'the findings of the july report'
Anyway ,he basically tried to tell me that NW didnt agree to the findings so sorry, you cant have your money back !
I actually laughed at him at this point and told him to pull the other one cos it had bells on it !!
I also mentioned that I was a member of the CAG . Funnily enough he had heard of us !
He tried again to convince me that no one had had any charges back as NW didnt agree with the findings and that if I sent a letter asking for the money it would be refused.
I said "yes ,im sure it will. But I fully expect that so I will have my lba ready and waiting to be sent off !.I intend to take this all the way."
He didnt really say much after that and transfered me to someone more relevant in my SAR inquiry !
Basically I have been told to write in again and request ALL diary notes as this hasnt been actioned yet .
Spoke to the head of the sar team who was very pleasant and helpful and told me to write to him personally and he would get the documents out to me within the week.
He said something strange during conversation.
It went along the lines of " oh, the SAR letter that you sent. Was it one of those ones off the internet that everyones sending in ?" . I replied that yes it was possible. He went on to say that he had about 10 on his desk that had arrived that day and that he didnt feel that they were very good in explaining exactly what was required ! Bl***y cheek !!
SO ,lets see what tomorrow brings !
Hopefully a call from Shoosmiths reducing my balance.
Not sure whether I should just get on with prelim and spreadsheet(still not sure whether to try for contractual interest ?) or wait for rest of SAR info ?
Descisions ,descisions lol !!
Just a word of warning concerning telephone conversations with the bank. They are best avoided, however the substance of your conversation is very significant in this case. So log the details of the conversation, the time and date and with whom the conversation took place (always ask for the name and their position, if you ask their date of birth and mother's maiden, it always lightens the tone, and amuses me no end!!!). Summarize and confirm the relevant points in a letter and send recorded delivery.
My advice has hardly any legal foundation whatsoever, however you never know it it might just work!
NatWest Prelim 07.10.206
LBA 21.10.2006
MCOL 30.10.2006
Acknowledgment of Service 06.11.2006
Offer of approx 50% £2200.00 22.11.2006
Full settlement £4500 received 03.01.2007
Smile settled in full
Barclaycard settled in full
RBS Worldwide settled in full
Lloyds TSB settled in full £750.00
Lloyds TSB settled in Full £275.00 11.04.2007
Lloyds TSB business account £1376.00 AQ filed
Lloyds TSB Business account settled in full 21.05.07
Going to note everything of importance that was said.
I did manage to find out that they had all my diary notes from 1992 onwards because the CS read extracts to me relating to charges for bounced chqs etc.
I may even consider tacking my claim back to the beginning....
Think I need to read up on statute of limitation first though as im not sure how far to go with this.
thereshope! v natwest ****WON****
) ,enclosed the chq and am now waiting for the post office to open monday morning so I can send it recorded
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Re: There'shope! V Natwest
Hi thereshope,
Originally Posted by sillymove!
