Jump to content


  • Tweets

  • Posts

    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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
        • Like
  • Recommended Topics

Natwest Loan and new default registered 7 years later...


flooz
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2269 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I am now dealing with a loan issue through NatWest, and would like to start a thread in the proper section.

I've found the NatWest thread, but that seems to only be about bank charges claims.

 

I want to 'be' in the right place, so can anyone tell me, for loan advice, do I still post in the NatWest thread? Or is there somewhere else I should go.

 

Thank you.

Link to post
Share on other sites

Ah, thank you, you're a sweetie :D

 

My title won't give much info, so here goes, keeping it as brief as possible...

 

Bank loan with Nat West taken out latter part of 2006.

Sent initial letter requesting credit agreement, which they couldn't supply.

 

Subsequently sent 'Scott's' letter putting account into dispute.

 

Also opened new account with another bank and am currently in the midst of closing my current account with Nat West to avoid any retaliatory behaviour from them.

 

Have now received the following reply and I'm not sure how or even if I need to respond to it.

Any help would be gratefully received.

Link to post
Share on other sites

You don't need to respond, they've admitted that they cannot provide an enforceable agreement. ;)

 

Their reference to the McGuffick case is a red herring, besides that's going to appeal anyway.

All they are saying more or less is although they can't legally pursue they can still mess about with your credit file. :rolleyes:

Link to post
Share on other sites

Thanks again, I can see you're on the ball today ;)

 

I guess I must put my 'good manners' aside, as I feel like I should respond, and just let it run it's course.

I'm assuming that when I start getting DCA letters there are 'stock' letters to send,

i.e. requesting they provide a credit agreement to prove their case, etc.

 

One thing did come to mind, and it may be another bluff on their part,

is if they can't provide a credit agreement from 3 years ago,

would they be able to 'find' the statement that shows the transfer of funds into my current account?

 

Would that hold up in Court?

Unless, I'm one of those terribly unorganised persons that just never checks their bank account details :rolleyes:

Link to post
Share on other sites

Keep that letter safely, when/if another DCA crawls from under a rock sometime in the future, just send them a copy along with this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

'find' the statement that shows the transfer of funds into my current account? Would that hold up in Court?
No, the debt is not in dispute, the enforceability of it is. Without an enforceable agreement any monies paid to you by them is seen as a gift.
Wilson v First County Trust Ltd [2001] EWCA Civ 633, Sir Andrew Morritt, Vice Chancellor said:

The creditor must…be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid

In the case of Dimond v Lovell [2000] UKHL 27, Lord Hoffmann said:

Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay.

Link to post
Share on other sites

ah ha, I didn't know that.

I could do with a few more 'gifts' lol.

 

It's not a huge loan anyway,

and I'm more than halfway through paying it.

But at the moment, I need all the help I need.

 

Thank you, you're a star. :D

Link to post
Share on other sites

  • 1 month later...

I have today received the first notification from NatWest advising I am behind in payments

- it comes from the branch I originally held my current account with,

not the branch the loan was granted from

or the department that wrote about the lack of a loan agreement.

 

I would like to respond, but not sure how to.

 

Something along the lines of

"NatWest have not been able to provide a copy of any loan agreement .... monies seen as a gift as Wilson -v- First County Trust Ltd.

 

Is there a template letter that I can amend?

 

I aware that if any CC action happens (unlikely I guess without an agreement) I must be seen to have been reasonable in my actions.

 

With this in mind, is there now a set route I should follow?

 

Many thanks for your continuing help.

Link to post
Share on other sites

I wouldn't bother replying to them, it's branch level trying to cover their ass. They don't have a leg to stand on & they know it, unfortunately although they cannot take legal action there is nothing to prevent them from asking you for payment. Obviously you are entitled to tell them to go forth and multiply..... or just ignore them & save the postage. :)

Link to post
Share on other sites

Thank you Cerberusalert - somehow I assumed that all correspondence would come from the same department.

 

Guess I shall just have to don my 'tin hat' and take cover ;-)

 

They say in their letter I should expect one of 'these' letters at least every 6 months ...... We shall see. :p

Link to post
Share on other sites

  • 7 years later...

Hope someone can advise me.

7 years ago, I put a NatWest loan account into dispute, as they couldn’t produce a copy of the agreement.

 

Since then, they have been marking my credit account with ‘late payment’.

I made the mistake of responding to one of their letters 6 years ago,

although all I did was send a copy of the letter sent 7 years ago.

 

Last month, I received a letter and statement, the letter saying (in short) “due to my circumstances, they would not be chasing the debt...”

and the statement shows a credit for the balance, and “account closed”.

 

I’ve just had a new credit score statement, and this month they have noted a ‘default’!

 

This doesn’t seem right, and looks to me like it’s going to take another 6 years to drop off my credit report!

 

Any advice of what I should now do is welcomed.

Link to post
Share on other sites

They should have defaulted after the 3rd missed payment.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

If they dont change the date back to the proper one, complain to the ICO and the CRA

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

old threads merged for history

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

old threads merged for history

Thanks dx, it’s a good reminder for me.

 

Are they just being difficult and trying to drag this out for as long as possible? If it’s just the case of hanging on for another month or two, i’ll do that, but it seems terribly wrong.

 

If they dont change the date back to the proper one, complain to the ICO and the CRA

Thanks Renegadeimp. Is there a letter template in existence that will help me please?

Link to post
Share on other sites

Not really. You just write and make a formal complaint about the lender.

 

However you need to complain to the creditor first, and allow them the 8 weeks period to rectify.

If they dont, then you can complain or force them to rectify it in court and get compensation.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

14 days only to rectify the defaulted date error

Or you'll start a complaint to the I c o and seek compensation!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I have had a look at the ICO website, and under their 'report a concern', the first step is to write to the organisation.

 

Given Natwest's behaviour already,

do I definitely need to do this, or is that only if I submit an online report.

 

I couldn't see an address I should write to. :???:

 

Ah, just found page 2 of this thread.....

 

I write to Natwest, i assume setting out their error of 7 years of late payment markers, and now a default.

Do I do a 'correct this, or else' type of letter?

 

Sorry, but I'm useless at letters. Something like this? And what is the 'regulations' that I can refer to please?

 

"I write in connection with the information on my credit files relating to the above loan account.

 

There has been no correspondence from myself in relation to this loan for over 7 years, during which time, you have continually marked my credit files with ‘late payment’.

 

Despite receiving confirmation from yourselves that this account is ‘closed’, you have now marked my credit file with a ‘default’.

 

According to ………….. a default should have been entered after 3 late payments, which would have been around December 2010/January 2011.

 

It appears you are abusing the regulations, and as such, I respectfully request that you amend my credit files immediately. Should it remain uncorrected after 14 days, I shall have no alternative but to inform the ICO and request compensation for your error.

 

I await hearing from you. "

Link to post
Share on other sites

the information commissioners office

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Having now checked all my files, I see that it's worse than I thought.

 

This account was actually put into dispute in 2009, with the last payment being made in October of that year.

I have prepared the following letter, and would appreciate if someone could advise if it is ok.

I don't want to leave myself open to any more possibly grief from NatWest.

 

"I write in connection with the information on my credit files relating to the above loan account.

 

This account was disputed in November 2009 when you failed to provide a copy of the consumer credit agreement. There has been no acknowledgement since that date. Following correspondence from you in October 2011, you were provided with a copy of my letter of 5 November 2009.

 

During the last 8 years, you have continually marked my credit files with ‘late payment’.

 

Despite receiving confirmation from yourselves that this account is ‘closed’, you have now marked my credit file with a ‘default’.

 

According to the Information Commissioner’s Office, a default should have been entered after 3 late payments, given the last monthly payment was made on 20 October 2009, a default should have been entered in February 2010.

 

It appears you are abusing the regulations, and as such, I respectfully request that you amend my credit files immediately. Should it remain uncorrected after 14 days, I shall have no alternative but to inform the ICO and request compensation for your error.

 

I await hearing from you. "

 

Hope is it ok. And thanks in advance.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...