Jump to content


  • Tweets

  • Posts

    • No, reading the guidance online it says to wait for a letter from the court. Should I wait or submit the directions? BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?
    • Thanks for opening, it's been another rough year for my family and I've procastinated a little.. Due to the age of my defaults on this and other accounts (circa 2021), I really need to avoid a CCJ as that will be another 6 years of credit issues. Mediation failed as I played the 'not enough info to make a decision' however during the call for some reason they did offer settlement at 80%, I refused. this has been allocated to small claims track, court date is June 3 and I've received their WS. I'm starting on my WS. They do appear to have provided everything required of them (even if docs could be reconstructions). Not really sure what my argument is anymore but I do want to attend court and see this through. Should a judgement be made against me then I will clear the balance within 30 days and have the CCJ removed - this is still possible isn't it? I'm going to be reading up today and tomorrow and hope you can provide me some guidance in the meantime. Wonder what your advice would be given the documents they have provided? I am now in a position to clear the debt either by lump sum or a few large installments - Is this something i should look into at this late stage? Thanks as always in advance
    • I have now received my SAR. It includes a great deal of information! Is there a time limit on how long account information is kept and/or can be provided to debtors? I have received many account statements which were not previously sent to me. I remember that the creditor should provide explanations of any acronyms and abbreviations that maybe used in the documents. Is this still the case? Also what, if any, are the regulations in regard to adding fees to a debt? Can fees be added to a debt after the court has approved a charge on a property. Perhaps due to the numerous owners of the debt, many payments I made were not properly recorded on the account, some were entered over a year after the payment was made! Following the Legal Charge, I paid every month until my payments were refused. I am trying to compute the over payments, but the addition of fees etc. is confusing me. Any comments and/or help would be appreciated.
    • did you submit your directions
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 161 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

gailevans v NatWest another **WINNER**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6390 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

Sent of my first letter to Natwest today, claiming £1535. As I have copies of all my bank statements, I dont need to request these, so can go straight onto the first stage - I hope this is correct, as this is what I have read into it!

 

Can someone please advise me if this isnt correct - and if it is, watch this space!!

 

Sent this (and my other claims to First Direct and Barclays) by registered post!!

 

 

 

 

 

Barclays - claiming £760 - lnitial letter sent 02/05/06

First Direct - claiming £748 - Initial letter sent 02/05/06

Natwest - claiming £1535 - Initial letter sent 02/05/06

Link to post
Share on other sites

I will do - and can I add that this site is really amazing. Not only do you give excellent advice to the likes of myself (who have been charged horrendous amounts over the years) but also genuine support and encouragement.

 

Keep it up - its FAB!!!!

Link to post
Share on other sites

Has anyone won their claim against Natwest but been forced to close their account or had their account closed as part of "the deal"?

 

I know we are advised to get a parachute ready, just in case, but I was wondering how many people have had to change accounts?

 

If it seems a daft question, sorry!! :p

Link to post
Share on other sites

Well done!! And thanks!! Was a bit worried about that as I never have time to go and sort a new one out!

 

As a guideline, how long from your initial letter to final settlement?? Am counting the days!!

Link to post
Share on other sites

Right guys and gals, advice needed!!

 

Have had a reply from our Mr Stuart Higley, general letter "We believe our charges are fair blah blah blah" - can you tell me if:

 

a) I wait for the 14 days and hit them with my LBA?

b) do I send the LBA now?

 

also, I have taken another look at my charges and there is another £400 I have over looked - do I send another letter telling him that or just add a sentence in my LBA?

 

And last but not least, in my prelim letter, I asked him a question relatiing to my account (they sent me a letter asking me to return my cheque book and debit card as I am overdrawn - again - due to nearly £400 in charges last month) I asked him to remove the restriction on my account - however the standard letter doesnt answer that, do I write to him again asking him AGAIN to remove the restrictions?

 

Sorry to be a pain!!!! And thanks in advance!!

Link to post
Share on other sites

Right guys and gals, advice needed!!

 

Have had a reply from our Mr Stuart Higley, general letter "We believe our charges are fair blah blah blah" - can you tell me if:

 

a) I wait for the 14 days and hit them with my LBA?

b) do I send the LBA now?

 

also, I have taken another look at my charges and there is another £400 I have over looked - do I send another letter telling him that or just add a sentence in my LBA?

 

And last but not least, in my prelim letter, I asked him a question relatiing to my account (they sent me a letter asking me to return my cheque book and debit card as I am overdrawn - again - due to nearly £400 in charges last month) I asked him to remove the restriction on my account - however the standard letter doesnt answer that, do I write to him again asking him AGAIN to remove the restrictions?

 

Sorry to be a pain!!!! And thanks in advance!!

 

 

If the letter said they would not be refunding then go straight to the LBA - Just put the corrected figure and add a line as you suggest.

 

I would send a seperate letter about the other issue - stating the reason you got into such difficulties was because of their unlawful charges.

 

 

 

 

 

 

Link to post
Share on other sites

Thanks Alan, just been to the post office with my LBA - its gone off recorded post to Mr Higley!

 

I attached a spreasheet showing the new amount, has risen from £1500 to just over £2000! Am currently penning a letter relating to the other business (and have sent applications off to set up a new bank account, just in case!) Even if they dont close my account, I am not sure I want to continue banking with these sharks anymore anyway!!

Link to post
Share on other sites

Update for you (and advice needed)!

 

Have had a reply to my LBA (and new claim figure) from Mr Higley that goes:

 

"Thank you for your letter of 5 May 2006. I feel there is little I can add construtively to my letter of 3 May 2006, which explained the banks point of view. I have, however, noted that your claim has risen to £2050.10. The charges applied to your account have been associated with a lack of avaiable funds when items were presented for payment.

 

Whilst still regretting that it is your choice to instigate legal proceedings, I hope you wont mind me reminding you rhat the address to be used is that of our Registered Office, which appears below"

 

I am thinking that I write back, acknowledging his letter, sending a complete list of all charges (again) to show why the claim has risen and remind him that if i dont receive a FULL refund within the 14 days, I will start proceedings? Or do I leave it as it is?

Link to post
Share on other sites

It seems like Stuart Higley doesn't actually bother responding to individual queries. His sole purpose appars to be to try and get rid of you. I've asked him for a breakdown of what costs the banks are incurring to charge so much, and been sent a breakdown of what the charges I was claiming back were (ie unpaid cheque, unpaid DD - all the stuff I already knew).

 

Just press on, maybe sending a copy letter to the registered office to boot. I gather they ask for any legal documents to be served on the registered office.

DPA Letter received by NatWest 11/04/2006

DPA Request expires 21/05/2006

Statements received 15/05/2006

LBA sent 15/05/2006

 

If you find me vaguely coherent, click the scales.

Link to post
Share on other sites

Had a reply to my letter, from Mr Higley again:

 

"Thank you for your letter of 11 May 2006.

 

I appreciate that we must agree to differ over the charges aspect but I note that your claim is now increased to £2.050.10. Our decision not to refund remains unchanged.

 

In the circumstances I have alerted our lawyers and litigation departments to your intentions.

 

Thank you for letting me know that you are also approachi8ng (their typo, not mine) the OFT."

 

This doesnt look good, as they only have until Friday this week to refund the charges or I log a claim in court. Anyone with any suggestions/morale support!!! Really dont want to have to go to court as I have NEVER been in court for anything and wouldnt know what to say/where to start!!

 

HELP!!

Link to post
Share on other sites

Guest Lueeze

Ok, Its quite obvious that you would have to file a claim, we always refer to it, so people are prepared for it. Esp for the amount you are claiming...

 

You must read up some more about court action.

 

The likelyhood of you having to attend court is very small.

 

Lou x

Link to post
Share on other sites

First up, chill out, and remember you're basically the prosecution, and you're going to nail these sons of *****es.

 

Secondly, they may still back down before going to court. So don't worry about that too much either.

 

Thirdly, if it does end up in court, you have the law on your side, and provided you get all the relevant bits of legislation together for ease of reference, it should be a very easy process of laying out your facts and having NatWest utterly fail to counter them with facts of their own.

 

Lastly, there's an FAQ about going to court, suggesting you contact your local court and ask to be shown around and have the general process explained to you. I'd suggest doing this, since the more you know, the more prepared you are, and the more prepared you are, the more control you'll have over the situation.

DPA Letter received by NatWest 11/04/2006

DPA Request expires 21/05/2006

Statements received 15/05/2006

LBA sent 15/05/2006

 

If you find me vaguely coherent, click the scales.

Link to post
Share on other sites

Ok, thanks for all of that! However, I was thinking of logging my "prosecution" using the Money Claim online thing. Can I state which court I want to hear my case? Dont want one in Penzance, as I live in the Midlands!

Link to post
Share on other sites

It should automatically be your nearest court, as the plaintiff, unless the bank can provide a good reason why it can't get there.

DPA Letter received by NatWest 11/04/2006

DPA Request expires 21/05/2006

Statements received 15/05/2006

LBA sent 15/05/2006

 

If you find me vaguely coherent, click the scales.

Link to post
Share on other sites

Good luck Gail, I'm now into the legal process trying to claim back £1200.By the sounds of things I've followed the same track as you in terms of my correspondance with Stuart Higley. Nat West have 23 days left to enter a defence. Princess Steph is about a day ahead of me so it's worth keeping an ey eon these threads. Don't worry, the law is on your side and there is heaps of fantastic support on this site. Best of luck to you!

Link to post
Share on other sites

Thanks to all of you! Its great to know there is so much support!

 

I have a friend who is a magistrate in our local court, I may ask her to come along (if we get to that stage) for morale support!!

Link to post
Share on other sites

Cheeky "you know whats" have added another £38 charge to my account!! Out of politeness, I have sent another letter off to Mr Higley, informing him that my claim is increased, however, I am still sticking to my 14 days, which is actually up today!! So if I havent received a lovely large cheque/bankers draft in the post when I get home from work, I will be filing my claim on Monday!!

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6390 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

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...