Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

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.

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  1. #1
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    Default Tumble v Natwest ** WON **

    I have held a number of accounts with Natwesticon over the years and after going through my statements there are a number of discrepancies not just charges. I had charges refunded on one account on a lbaicon , but did not recieve any response on an lba on a separate account although both were faxed at the same time. I have issued an mcol on this account which has now been acknowledged. On a third and fourth account I have requested statements ( statements for all the accounts were requested at the same time) 9/11/06 and also a copy of a loan agreemant to which i have still had no reply. any advice

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  2. #2
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    Default Re: tumble v Natwest

    Did you send a Data Protection Act SARs letter and enclose £10 fee ?

    If so, then they have 40 days in which to comply.
    Write to them and point out that they still have not complied with your request.

    Regards, Rooster.

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  3. #3
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    Default Re: tumble v Natwest

    thanks for reply . i faxed a letter across today:

    I am advising you that 35 days have now passed with reference to the attached correspondence from your office.. A request for a copy of the loan agreement was also requested in my fax of the 9/11/06. I am advising that under section 7 and section 15 (2) of the data protection act that on day 40 I will apply to the county courticon for non compliance of the act. I advise that I will proceed to recover costs . I would also advise that you pass this correspondence to your data controller and highlight for your reference an order issued to Royal Bank of Scotlandicon on 21/11/2006 at Barrow- in -Furness county court for non compliance.

    I hope this does the trick whether right or wrong


  4. #4
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    Smile Re: tumble v Natwest

    Received correspondence today, I had requested copy of loan agreemant as interesticon had been deducted from loan account and from a soul trader account , quite significant sums . They are stating that they cannot find copy of loan agreemant. It was only taken out last October and settled last month and have failed to supply copy statements of the loan. I think they are really dragging their heels with a purpose in mind. I have queried the interest payments on numerous occassions with no response . I intend to reclaim the total interest charges on the loan in with my claim for charges (when the outstanding statements finally arrive ).

    Since the refund on the ltd account of £945 i have had further charges of £240 of which £35 was very kindly refunded as a gesture of good willicon. So once again the lbaicon has been sent , however this time i have stated that should i proceed to court i will be claiming administration costs. 13 letters 6 emails, telephone callsicon, research etc .

    I am still contemplating whether to apply contractual interest on the soul trader account when i eventually receive a complete set of charges. I havent on personnel account but the longer they drag it out the more i am getting annoyed and more of my valuable time is being taken up with their nonsense.

    This is just a peronnel view , but if we did start to opt for contractual interest rather than 8% would the banks not speed up their repayments and not want to go near the route of court action. Could a mod possibly respond as I am undecided maybe there are pluses and minisus I would like to hear your view.


  5. #5
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    Default Re: tumble v Natwest

    Hi Tumble.

    For more information about the pros and cons of contractual interesticon, click on this link.......

    http://www.consumeractiongroup.co.uk...ctual+interest

    Regards, Rooster.

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  6. #6
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    Default Re: tumble v Natwest

    Natwesticon has until today to issue defence on personnel account , spoke wth mcol helpline from midnight tonight i can hit the default button.
    I successfully requested statements from oct 1992 to 2000 yesterday. Initially the operator said no chance, so asked to speak to a manager. Rang 0845 711 4477 , I must say that this manager did manage to claw back a degree of credibility in my mind by not spouting rhetoric , he started by going back to 1991 and read out the response which stated the system would only allow him to access the dates from migration (whatever that means) it consequently allowed him access from 1992. However I had stated that I was a member of the consumer action group and was taping the call and that my request for financial history had meant just that. He assurred me that these statements would be with me within two weeks. lets wait and see hey. Its worth a go ,so following the threads on challenging the limitation acticon.

    I also received a letter yesterday requesting I call into branch
    "to discuss my requirements once and for all " My requirements are as clear as the nose on my face.

    keep u updated any comments appreciated
    Tumble


  7. #7
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    Default Re: tumble v Natwest

    Karnevil here is the letter as mentioned in chat,

    In response to your letter dated 15th November 2006 regarding the charges on your account . I am writing to agree to your request to refund charges totalling £945.

    Can I ask you to sign the enclosed copy of this letter as a Full and finalicon settlement . May I also point out that the charges are in line with the banks standard tariff which I believe are fair and lawful and that any future charges will apply.If this is satisfactory can I ask you to sign the copy of this letter where indicated and return it to me in the envelope provided.


    I have faxed an amendmenticon today.

    Dear xxxx
    Please accept this letter as an amendment to my faxed response displaying my signatureicon 15/11/06. Please note the signature was in acceptance of a refund and not to your standard tariff of which I challenge to be unlawful.

    Yours

    Tumble


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    Default Re: Tumble v Natwest

    Hi your posts moved friom Welcome to your own thread in Natwesticon bank group

    If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.
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  9. #9
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    Default Re: Tumble v Natwest

    Recieved letter from Cobbetts today cpr 18- I faxed this reply along with schedule of charges this relates to personnel account.

    I acknowledge the receipt of the defence posted on behalf of National Westminster Bankicon plc.
    I am not prepared at this stage to answer the CPR part 18icon Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative
    Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. However, for clarity, I confirm the charges I am claiming were applied to the following account:
    Account Name:
    Account number:
    Sort Code:

    Please also find enclosed a Breakdownicon of all charges I am claiming.
    Yours Faithfully

    Ill keep u updated

    This site is amazing !!!! and I thank all involved for support


  10. #10
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    Default Re: Tumble v Natwest

    The Natwesticon replied to my recent lba by sending me a copy of a letter accepting my previous approach for repayment which did not go past lba
    With ref to your letter dated 18/12/06. I refer to your points.
    1. The charges applied by the bank are unlawful and my acceptance of a refund does not make them lawful . I find the intention to intimidate that I have signed away my rights which I assure you I have certainly not . As previously advised I have issued a letter before actionicon and I will forward a reviewed schedule of charges .


    Could someone take a look at this reply


  11. #11
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    Default Re: Tumble v Natwest

    Hi tumble, not seen you around for a while...how's this progressing?

    Crash




    DAY 1: 12/09 - S A R to British Gas
    DAY 45: 27/10 - Data Non-Compliance sent off
    DAY 67: 18/11 - N1 Deemed served
    DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06
    24 Days: E2Save Settled in full £70
    59 Days: Barclaycard claim Settled in full £134.39
    162 Days: Halifax Settled in full £1543.80
    179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs
    254 Days: Barclays 2 Settled in full £1450.91

    Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  12. #12
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    Default Re: Tumble v Natwest

    Thanks for that Crash theres that many posts going on, didnt think anyone interested in mine
    Im still perservering . I had a letter from court regarding claim on personnel account giving Natwesticon till 14 Feb to issue an amended defence. Had a word in bear garden and apparently this is good !!! Been doing a lot of reading up in the forums as preparing another case which isnt quite so straight forward .
    I ll keep posting.


  13. #13
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    Default Re: Tumble v Natwest

    Ok well good to hear it's all progressing nicely

    Crash




    DAY 1: 12/09 - S A R to British Gas
    DAY 45: 27/10 - Data Non-Compliance sent off
    DAY 67: 18/11 - N1 Deemed served
    DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06
    24 Days: E2Save Settled in full £70
    59 Days: Barclaycard claim Settled in full £134.39
    162 Days: Halifax Settled in full £1543.80
    179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs
    254 Days: Barclays 2 Settled in full £1450.91

    Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  14. #14
    NATTIE
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    Default Re: Tumble v Natwest

    I think a lot of us may not be on posting on your thread but we are all interested in how it is going. Natwesticon have to defend on Valentine's day, not the sort of thing you want on that day but hey not too long left.


  15. #15
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    Default Re: Tumble v Natwest

    Deadline for amended defence was today- rang court cobbetts had not responded. Rang cobbetts stated they had not received order from the court requesting amended defence , but did however have a cheque ready to be sent today for the full amount.

    yippee - donationicon on its way !!!!!!!!


  16. #16
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    Default Re: Tumble v Natwest

    Wooohooo, so you're joining the winner's club!! Will give you official congrats when you smell the money!!

    Crash




    DAY 1: 12/09 - S A R to British Gas
    DAY 45: 27/10 - Data Non-Compliance sent off
    DAY 67: 18/11 - N1 Deemed served
    DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06
    24 Days: E2Save Settled in full £70
    59 Days: Barclaycard claim Settled in full £134.39
    162 Days: Halifax Settled in full £1543.80
    179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs
    254 Days: Barclays 2 Settled in full £1450.91

    Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  17. #17
    NATTIE
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    Default Re: Tumble v Natwest

    congratulations in advance!! Please wait for the cheque to clear before you discontinue your claim


  18. #18
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    Default Re: Tumble v Natwest

    received cheque from cobbetts , however it was just short of court and allocation fee. Rang cobbetts who stated they would forward it on. However what I received was a late amended defence stating that part of claim was time barredicon. I had already banked the cheq- cant understand why settle a couple of thousand then drag it on for the sake of a couple of hundred. I decided to challenge the strike out application as nothing to lose really Quoted sec 32 1 b and or c to challenge limitation act. Will let you know how I get on .


  19. #19
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    Default Re: Tumble v Natwest

    tumble, they're probably too disorganised to realise they've short-changed you, and that the claim is pretty much settled. Anyway, all good fun and games....congrats all the same

    Crash




    DAY 1: 12/09 - S A R to British Gas
    DAY 45: 27/10 - Data Non-Compliance sent off
    DAY 67: 18/11 - N1 Deemed served
    DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06
    24 Days: E2Save Settled in full £70
    59 Days: Barclaycard claim Settled in full £134.39
    162 Days: Halifax Settled in full £1543.80
    179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs
    254 Days: Barclays 2 Settled in full £1450.91

    Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  20. #20
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    Default Re: Tumble v Natwest

    Got a "notice of hearing of application" tod way with a date for April, think this is for a strike out of the remainder of the claim which is only quite small by comparison to what they have paid out . Do I need to reply or just wait for the hearing and see if they show up.

    Thanks

    Tumble



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