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    • Documents arrived today dated 27th March.  This is a cc taken out a long time ago (2008) and they don't seem to have been able to provide a copy of a CCA agreement, just reams of print outs of lines of texts from old bank statements, default notices etc.   
    • Documents finally arrived today from PRA group.  New day have sent me lots of paperwork, copies of default letters and statements, print out of what looks like a CCA that would have been completed on online, IP address as signature.  This debt is not too old, so possible this is the true copy of agreement ?  Not sure what my defence would be beyond irresponsible lending. 
    • pers i wouldn't.. all you need to know is in the posts of that thread....that being section 127(3) of the CCA refers. if under a CCA return, the 'creditor' claims its a recon, it must not contain any details like a sig, tickbox, or typed name (whether you signed physically or by online tickbox) 1. those are not necessary in a recon, so why inc them? (faked??) 2, it cant thus be a recon!!, it must be a copy of the 'original' from the original creditor, not from a debt buyers filing cabinet. they shouldn't not be 'mixing' some original docs from the OC with crap from their filing cabinet, claiming its ALL a recon! because some of it is faked. just remember there are far more docs like NOA and a DN that are as equally important to a court claim of 'this debt is enforceable'. never rely solely upon the dodgy agreement argument.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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ArnoldJRimmer vs Natwest **WON**


arnoldjrimmer
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Well here goes, DPA letter sent today to Alex Lyons...

NatWest Claim

20/10/06 Data Protection Act Letter sent

24/10/06 Acknowledgement letter received

28/10/06 Statements received

31/10/06 Prelim letter sent

9/11/06 Bog off letter received

9/11/06 LBA sent

14/11/06 2nd Bog off letter received

12/12/06 MCOL filed

Halifax Claim

20/10/06 Data Protection Act Letter sent

24/11/06 Statements received

13/12/06 Prelim letter sent

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Welcome to the CAG and while you are waiting a response prepare yourself by reading the NatWest successes which will give you confidence for the battle ahead which you WILL win. Good Luck

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Thanks!

 

I've been annoyed at Natwest for years for the amount they've charged me for everything. I changed to Halifax a couple of years ago only to find they're just as bad, so I'm going for them too!

 

I now have a great feeling of empowerment after reading this site, especially the Toilet_Bandit saga which really inspired me. :)

NatWest Claim

20/10/06 Data Protection Act Letter sent

24/10/06 Acknowledgement letter received

28/10/06 Statements received

31/10/06 Prelim letter sent

9/11/06 Bog off letter received

9/11/06 LBA sent

14/11/06 2nd Bog off letter received

12/12/06 MCOL filed

Halifax Claim

20/10/06 Data Protection Act Letter sent

24/11/06 Statements received

13/12/06 Prelim letter sent

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Thanks dantracey, good luck to you too!

NatWest Claim

20/10/06 Data Protection Act Letter sent

24/10/06 Acknowledgement letter received

28/10/06 Statements received

31/10/06 Prelim letter sent

9/11/06 Bog off letter received

9/11/06 LBA sent

14/11/06 2nd Bog off letter received

12/12/06 MCOL filed

Halifax Claim

20/10/06 Data Protection Act Letter sent

24/11/06 Statements received

13/12/06 Prelim letter sent

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I had my first reply today, the standard letter from Joyce Tudor saying that the statements will be sent to me as soon as possible. It also has the bit about manual intervention, i.e. they are part of the standard T&Cs etc.

NatWest Claim

20/10/06 Data Protection Act Letter sent

24/10/06 Acknowledgement letter received

28/10/06 Statements received

31/10/06 Prelim letter sent

9/11/06 Bog off letter received

9/11/06 LBA sent

14/11/06 2nd Bog off letter received

12/12/06 MCOL filed

Halifax Claim

20/10/06 Data Protection Act Letter sent

24/11/06 Statements received

13/12/06 Prelim letter sent

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My statements arrived today in the often mentioned tatty brown envelope. It had large rips in three different places and was only just holding together. Absolutely disgraceful that they send them out like that.

 

It's going to take me quite a while to go through them all. I notice they've only sent the last six years' worth even though the request was for my entire banking history. Does the DPA have a six year limit as well?

 

I've still heard nothing from the Halifax. At least Natwest have been fairly quick.

NatWest Claim

20/10/06 Data Protection Act Letter sent

24/10/06 Acknowledgement letter received

28/10/06 Statements received

31/10/06 Prelim letter sent

9/11/06 Bog off letter received

9/11/06 LBA sent

14/11/06 2nd Bog off letter received

12/12/06 MCOL filed

Halifax Claim

20/10/06 Data Protection Act Letter sent

24/11/06 Statements received

13/12/06 Prelim letter sent

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Well I went through them all yesterday and Natwest owe me £903 plus £74.70 for the interest they charged me. I'll be sending letter 2 off today but just wanted to confirm a couple of things:

 

1. I assume all correspondance ahould now go to the head office address?

2. I was reading through the long thread on contractual interest and I think I will try to claim for that at their overdraft rate of 14.99%. If I read correctly I do not add this to my claim at this stage, only the interest which they actually charged me. Is that right?

 

AJR

NatWest Claim

20/10/06 Data Protection Act Letter sent

24/10/06 Acknowledgement letter received

28/10/06 Statements received

31/10/06 Prelim letter sent

9/11/06 Bog off letter received

9/11/06 LBA sent

14/11/06 2nd Bog off letter received

12/12/06 MCOL filed

Halifax Claim

20/10/06 Data Protection Act Letter sent

24/11/06 Statements received

13/12/06 Prelim letter sent

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OK I've spent the whole day reading the site and I think I've answered my own questions! I've nicked the contractual interest section from Mcuth's prelim letter and decided to go the whole hog and request the unauthorised borrowing rate as well. I modified Vampiress's complex excel spreadsheet to calculate compounded contractual interest on both the fees and the interest I've paid on them.

 

So here's what I'm about to send them:

 

 

[deleted]

Does that look OK?

AJR

 

MOD NOTE: Please do not post letter templates on the forum

NatWest Claim

20/10/06 Data Protection Act Letter sent

24/10/06 Acknowledgement letter received

28/10/06 Statements received

31/10/06 Prelim letter sent

9/11/06 Bog off letter received

9/11/06 LBA sent

14/11/06 2nd Bog off letter received

12/12/06 MCOL filed

Halifax Claim

20/10/06 Data Protection Act Letter sent

24/11/06 Statements received

13/12/06 Prelim letter sent

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Hmm well I decided to chicken out of claiming the unauthorised overdraft rate after reading some of Zootscoot's posts. I'm going for the credit zone overdraft rate of 17.14% instead...

NatWest Claim

20/10/06 Data Protection Act Letter sent

24/10/06 Acknowledgement letter received

28/10/06 Statements received

31/10/06 Prelim letter sent

9/11/06 Bog off letter received

9/11/06 LBA sent

14/11/06 2nd Bog off letter received

12/12/06 MCOL filed

Halifax Claim

20/10/06 Data Protection Act Letter sent

24/11/06 Statements received

13/12/06 Prelim letter sent

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  • 2 weeks later...

Just received the standard Bog Off letter from Stuart Higley. Time to start writing the LBA!

NatWest Claim

20/10/06 Data Protection Act Letter sent

24/10/06 Acknowledgement letter received

28/10/06 Statements received

31/10/06 Prelim letter sent

9/11/06 Bog off letter received

9/11/06 LBA sent

14/11/06 2nd Bog off letter received

12/12/06 MCOL filed

Halifax Claim

20/10/06 Data Protection Act Letter sent

24/11/06 Statements received

13/12/06 Prelim letter sent

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Just out of interest, how come my signature isn't showing up any more? Too long?

NatWest Claim

20/10/06 Data Protection Act Letter sent

24/10/06 Acknowledgement letter received

28/10/06 Statements received

31/10/06 Prelim letter sent

9/11/06 Bog off letter received

9/11/06 LBA sent

14/11/06 2nd Bog off letter received

12/12/06 MCOL filed

Halifax Claim

20/10/06 Data Protection Act Letter sent

24/11/06 Statements received

13/12/06 Prelim letter sent

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I've noticed this too, and no its not just your signature. I know the site was down last night for maintainence perhaps that has something to do with it. :confused:

 

I sure someone will enlighten us!!

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Just an enquiry regarding interest. Anyone had success on the contractual interest rate claim? I need to research this.

My advice has hardly any legal foundation whatsoever, however you never know it it might just work!

:cool:

 

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

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2nd Bog Off letter received this morning from Mr Higley. Off to court we go then!

NatWest Claim

20/10/06 Data Protection Act Letter sent

24/10/06 Acknowledgement letter received

28/10/06 Statements received

31/10/06 Prelim letter sent

9/11/06 Bog off letter received

9/11/06 LBA sent

14/11/06 2nd Bog off letter received

12/12/06 MCOL filed

Halifax Claim

20/10/06 Data Protection Act Letter sent

24/11/06 Statements received

13/12/06 Prelim letter sent

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Share on other sites

Just an enquiry regarding interest. Anyone had success on the contractual interest rate claim? I need to research this.

 

There have been some, see GaryH's post. The reason I decided to go for it is that the banks are all settling before it gets to court, so I don't see how they can argue against it. If they don't want it to go to court, they have to pay up!

NatWest Claim

20/10/06 Data Protection Act Letter sent

24/10/06 Acknowledgement letter received

28/10/06 Statements received

31/10/06 Prelim letter sent

9/11/06 Bog off letter received

9/11/06 LBA sent

14/11/06 2nd Bog off letter received

12/12/06 MCOL filed

Halifax Claim

20/10/06 Data Protection Act Letter sent

24/11/06 Statements received

13/12/06 Prelim letter sent

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There have been some, see GaryH's post. The reason I decided to go for it is that the banks are all settling before it gets to court, so I don't see how they can argue against it. If they don't want it to go to court, they have to pay up!

 

Nat west paid haydn charges and he is now left with having to argue in court over the contractual interest - thread is in the mercantile court forum.

Consumer Health Forums - where you can discuss any health or relationship matters.

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So here's what I'm about to send them:

 

[deleted]

Does that look OK?

AJR

 

MOD NOTE: Please do not post letter templates on the forum

 

Sorry I didn't know about that rule. It wasn't a standard template as it included a contractual interest claim.

NatWest Claim

20/10/06 Data Protection Act Letter sent

24/10/06 Acknowledgement letter received

28/10/06 Statements received

31/10/06 Prelim letter sent

9/11/06 Bog off letter received

9/11/06 LBA sent

14/11/06 2nd Bog off letter received

12/12/06 MCOL filed

Halifax Claim

20/10/06 Data Protection Act Letter sent

24/11/06 Statements received

13/12/06 Prelim letter sent

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Hi Rimmer (love the name by the way)

 

I think we are at a similar stage so it will be interesting to see how you get on. I decided to claim for regular credit zone interest of (according to my statements) 1.22% per month or 14.64%/year

 

I have paid 118 different charges over the last 6 years and the interest added to each individual charge makes a claim of £ 3763. with interest of £ 833. making a total of £ 4596 + Court costs,

so fingers crossed as I filled my MCOL claim last nite.

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Hi snail :)

 

I got the interest rate from Natwest's web site since my statements never seem to have it on any more. I'm glad I didn't go for the unauthorised overdraft rate in the end, since they seem to be challenging contractual interest payments in court and I think I would have a much harder time justifying that rate.

 

AJ Rimmer BSc :)

NatWest Claim

20/10/06 Data Protection Act Letter sent

24/10/06 Acknowledgement letter received

28/10/06 Statements received

31/10/06 Prelim letter sent

9/11/06 Bog off letter received

9/11/06 LBA sent

14/11/06 2nd Bog off letter received

12/12/06 MCOL filed

Halifax Claim

20/10/06 Data Protection Act Letter sent

24/11/06 Statements received

13/12/06 Prelim letter sent

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Oh, and good luck with your claim of course!

 

Did you manage to fit all your claim details in MCOL? I thought people were having to use the paper form as there wasn't enough room in MCOL for the contractual interest part of the claim.

NatWest Claim

20/10/06 Data Protection Act Letter sent

24/10/06 Acknowledgement letter received

28/10/06 Statements received

31/10/06 Prelim letter sent

9/11/06 Bog off letter received

9/11/06 LBA sent

14/11/06 2nd Bog off letter received

12/12/06 MCOL filed

Halifax Claim

20/10/06 Data Protection Act Letter sent

24/11/06 Statements received

13/12/06 Prelim letter sent

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  • 4 weeks later...

I filed my claim using MCOL today. I abandoned the contractual interest claim since it wasn't much difference in the amount and I don't want to have to argue about it at a case conference. Plus without it I can use MCOL.

NatWest Claim

20/10/06 Data Protection Act Letter sent

24/10/06 Acknowledgement letter received

28/10/06 Statements received

31/10/06 Prelim letter sent

9/11/06 Bog off letter received

9/11/06 LBA sent

14/11/06 2nd Bog off letter received

12/12/06 MCOL filed

Halifax Claim

20/10/06 Data Protection Act Letter sent

24/11/06 Statements received

13/12/06 Prelim letter sent

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  • 1 month later...

I've had my AQ and the CPR part 18 from Cobblers. I'm attaching the schedule of charges and was just wondering if it's ok to update the spreadsheet at this stage? There have no more penalties but a couple more months' interest which adds about £20 to the claim.

NatWest Claim

20/10/06 Data Protection Act Letter sent

24/10/06 Acknowledgement letter received

28/10/06 Statements received

31/10/06 Prelim letter sent

9/11/06 Bog off letter received

9/11/06 LBA sent

14/11/06 2nd Bog off letter received

12/12/06 MCOL filed

Halifax Claim

20/10/06 Data Protection Act Letter sent

24/11/06 Statements received

13/12/06 Prelim letter sent

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