Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



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.

£19.99 + £1.50 (P&P)


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  1. #1
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    Default rbrears v Natwest ::: SETTLED IN FULL

    Ok today is the last day for NW to file a defenceicon having acknowledged my claim for approaching 5k

    Since the MCOL appears to refuse to let us enter judgment online for days after the time limit has expired I'm sending the request for judgment to them by post today so it is in their mail bag tomorrow morning and will hopefully be actioned as soon as it is possible to do so.

    Maybe the court will also have the defence in its mailbag today or tomorow - We'll see Who knows what I might find in my post at home when I get in from work !!

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  2. #2
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    Default Re: Last day for Nat West today

    Checked online - they got their defence in today - can't wait to see it. Just in by the skin of their teeth the buggers


  3. #3
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    Default Bet you a 1

    a) it comes from solicitors (Corbetts?) based in Mancester

    b) that they ask you for further information specifically:

    1.The details of the account

    2. A list of the charges and when they were incurred

    3.What you exactly mean by the relevant acts quoted in your court action (if you quoted any that is!)


  4. #4
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    Default Re: Last day for Nat West today

    Snap!

    Exactly. They are running the service defence. Thats great because I'm ready for that one and it means that the bank are not pleading and therefore not going to be able to lead any evidence of their costs so if the judge does find that their so called service charges are in fact penalties they wont be prepared to deal with that and give any evidence of what the true cost is.

    Its a stock defence and part 18icon request being knocked out by a solicitor who, looking at the law society website, has only been qualilfied for 5 minutes

    Anyway I'm off to prepare my reply to the Part 18 request and my own request to the bank asking for full detasils of each and every service referred to or specified in the banks T&Cs (there are none) and details of each and every service provided in respect of each and every charge applied. I find it hilarious that they ask for details of the accounts (already set out in full in the letter before actionicon which they have) and details of each and every charge (already set out clearly on the statements - copies of which they also have). If this is the best they can do then I'm going to enjoy this.

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  5. #5
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    Default Re: Last day for Nat West today

    If this is in small claimsicon you don't have to reply to the CPR 18 request. However I suspect you already know this but are replying in order to put forward your own request.

    Also i think you replied to my post on the other CPR rule abotu notices to admit facts - It would be interesting if you were prepared to try using that as well.

    It sounds like you have prepared well against the service charges argument - can you let us know what you main points are (if you're happy to risk posting it here!)?

    Oh, and good luck of course;-)


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    Default Re: Last day for Nat West today

    How is this progressing ?

    If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.

    DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.c o.uk/forum/showthread.php?p=52854

    As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.
    Seek advice of a qualified, insured, professional if you have any doubts.
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  7. #7
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    Default Re: Last day for Nat West today

    They offered me about 50% - you know what the answer was

    Allocation questionnaires submitted by both parties end of last week.


  8. #8
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    Default Re: Last day for Nat West today

    phone callicon from Cobbetts 10 minutes ago - SETTLED 4.5 k

    Man am I going to get ****ed this weekend

    Can a MOD change the title of this thread to show full settlement please?

    Survey done - another donationicon on its way

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    Default Re: Last day for Nat West today







    If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.

    DO YOU HAVE A WEBSITE AND WANT TO PROVIDE A VALUABLE LINK TO THIS FORUM ? Go to this thread:-http://www.consumeractiongroup.c o.uk/forum/showthread.php?p=52854

    As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment.
    Seek advice of a qualified, insured, professional if you have any doubts.
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    Default User is banned

    User is banned, content is deleted automatically.


  11. #11
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    Talking Re: Last day for Nat West today

    CONGRATULATIONS



  12. #12
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    Default Re: Last day for Nat West today

    Nice one. Tremendous to have a victory against Natwest. I'm very surprised they didn't go to court though, considering they have done and won in both cases.

    What did you do differently from the templates if anything? Possibly the wording on the allocation questionnaireicon did it?

    If you found this post useful please click on the scales above.

    Egg - 400 - Prelim sent. On hold.
    Mint - On the list Est 800
    GE Capital - On the list (3 accounts!) Est 4000

    MBNA - 545 Prelim sent 13/11/2006
    LBA sent 1/12/2006
    350 partial payment received 18/12/2006.
    Full settlement received 20/1/07

    NatWest - Est 4000 not incl interest
    Data Protection Act Sent 10/1/07
    Statements received 24/1/07
    Prelim sent 3/2/07
    Full Settlement received 22/2/07

    The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional
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  13. #13
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    Default Re: Last day for Nat West today

    Congratulations!! (Thread title changed as requested)


    Quote Originally Posted by thecornflake
    I'm very surprised they didn't go to court though, considering they have done and won in both cases.
    If you're referring to Whizzkid & NeilP - these were set-asideicon hearings not actual claim hearings. Apart from that there has been one case, but that was a long time ago before we had all the support and info we have available now.

    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
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  14. #14
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    Default Re: rbrears v Natwest ::: SETTLED IN FULL

    Superb news.

    Gives hope to the rest of us.

    Tony

    Original Claim (9 months charges) put on hold. 25/5
    Data Protection Act 6 Years Statements request sent 26/5 (Sent recorded, Lost! Claimed from Post Office 14/6)
    New DPA handed into local branch 14/6
    LBA for DPA sent 26 July
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  15. #15
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    Default Re: rbrears v Natwest ::: SETTLED IN FULL

    Dhum dhum dhum, another one bites the dust. Great result - well done!

    Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

    All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
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  16. #16
    Royalties Account Holder Bookworm Highly authoritative Bookworm Highly authoritative Bookworm Highly authoritative Bookworm Highly authoritative Bookworm Highly authoritative Bookworm Highly authoritative Bookworm Highly authoritative Bookworm Highly authoritative Bookworm Highly authoritative Bookworm Highly authoritative Bookworm Highly authoritative Bookworm's Avatar



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    Default Re: Last day for Nat West today

    Quote Originally Posted by thecornflake
    Nice one. Tremendous to have a victory against Natwest. I'm very surprised they didn't go to court though, considering they have done and won in both cases
    Sorry for hijack, I need to clarify this.

    They have?
    To the best of my knowledge, Natwest have defended only once and won (Henry v Natwest) and haven't dared try it since. Can you advise what other one was and your source?

    Barracad: If you're referring to Whizzkid & NeilP - these were set-asideicon hearings not actual claim hearings.
    That was Abbey, and it was not a win for the bank, that's for sure!!!



    Now back to the regular programme:

    CONGRATULATIONS!!!



    .


  17. #17
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    Default Re: rbrears v Natwest ::: SETTLED IN FULL

    congratulations



    When you want to fool the world, tell the truth.

    Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any
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  18. #18
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    Default Re: rbrears v Natwest ::: SETTLED IN FULL

    Congrats from a fellow 'settled'!!! Guess the drinks will def be flowing this w/end!

    Settled Claims:
    Abbey: 4025 Claimed 27/02/06 - Paid in full 19/06/06
    NatWest: 4529 Claimed 10/05/06 - Paid in full 1/08/06
    Halifax: 1150 lba 18/05/06 - Paid in full 07/06/06
    Natwest CC: 420 Initial letter 25/07/06 - Paid in full 08/06
    Woolwich: 1100 Paid in full 28/2/07 + Default removed
    NatWest Pt 2: 1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed

    Current Claims:
    Abbey Pt 2: 2300 + adverse credit removal claimed 23/03/07
    Alliance & Leicester: 1421 + adverse credit removal claimed 23/03/07

    Refunds pending:
    Capital Bank: Swift Advances: Halifax

    Son's Refunds pending:
    Abbey: HSBC
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  19. #19
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    Default Re: Last day for Nat West today

    Quote Originally Posted by Bookworm
    They have?
    To the best of my knowledge, Natwest have defended only once and won (Henry v Natwest) and haven't dared try it since. Can you advise what other one was and your source
    The second was a much earlier one often quoted here but I'm not sure if the original claimant posted details themselves.

    TBH I'm not sure why they didn't go to court again after Henry VSicon Natwest but there you go. i was getting worried after that one but rbrears success has now destroyed my doubts.

    My reason for being mildly cynical is that if I claimed the full amount from my NW account it would add up to around 12,000.

    At the very least I shall be claiming the small claimsicon limit of 5,000 and I really can't afford to lose the moneyclaimicon costs so I have been watching any Natwest cases with great interest. Hence wanting to know if rbrears letters differed from the templates at all.

    If I start feeling confident enough I may just risk it all and go for the full amount plus associated losses and damages.

    If you found this post useful please click on the scales above.

    Egg - 400 - Prelim sent. On hold.
    Mint - On the list Est 800
    GE Capital - On the list (3 accounts!) Est 4000

    MBNA - 545 Prelim sent 13/11/2006
    LBA sent 1/12/2006
    350 partial payment received 18/12/2006.
    Full settlement received 20/1/07

    NatWest - Est 4000 not incl interest
    Data Protection Act Sent 10/1/07
    Statements received 24/1/07
    Prelim sent 3/2/07
    Full Settlement received 22/2/07

    The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional
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  20. #20
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    Default Re: rbrears v Natwest ::: SETTLED IN FULL

    Think it was my amended particulars of claim and part 18icon request that probably swung it - apart from the banks not having a leg to stand on that is. When I get the cheque I will post the text for use by other NatWesters or give it to BF to do with as he wishes since I suspect it will apply to similar T&Cs from other banks

    Many thanks for the congratulations. It feels good to have that cash back.

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