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faceeyes

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  1. This gets better but still need help I just called Natwest 2 minutes ago and a lady has told me that because the charges are not illegal or unlawful they can continue with the default notice served. I told her rather bluntly that the account is in dispute and under the banking code (which forms part of my agreement with the bank) when an account is in dispute a default cannot be served unless the dispute is resolved. She then went on to say that bank charges are legal so we can still serve it, there hasnt been a bank error so as far as we are concerned there is no dispute. I said , no they were taken illegally without my authorisation so it is in dispute. She then said, no, i know what i'm talking about and they are part of your terms and conditions and we are still proceeding to reclaim the debt. WTF!!!? Help please. I want to kill someone. They will drag this legal case out so long it will easily stretch past the 28 day deadline i have been given by them.
  2. Oh good! Here's another cracker which is also worrying for me as I am buying a house right now and can do without this. I mentioned in an earlier post that Natwest threatened to serve me with a default notice. I was given advice to respond with a letter explaining that this would be in breach of the banking code. Well today they have served me with the notice, wacked a load of interest and additional charges onto my account and given the usual legal threats and defaults at 3 agencies. Any advice on how to proceed here would be much appreciated. Natwest have already made an offer once for an amount just short of what was owed to me so this in itself is admission of liability even if they claim its not in the letter. Now they are demanding it back or else basically. Now i'm sure i could battle it all afterwards but i really could do without my credit score being tarnished by them. Is there a way to kick them up the arse and take the smug grin off their ugly faces. Nothing will happen to them so they lose nothing by serving it to me and causing me a lot of grief... illegally might i add. Please help anyone!
  3. Cheers very much love you!
  4. Thanks very much for that. just found this page, i dont suppose the below changes anything does it? NOTE-IMPORTANT 1 This request is served pursuant to CPR Part18 alternatively with regards to CPR Rule 27.2(3) 2 The reason(s) why this request has been served are set out in the Defence which has been served by the defendant. 3 You are asked to provide a response to this request in accordance with CPR Part 18 by 17 July 2007 4 If you are unable to provide a response by this date then you are asked to contact the defendants solicitor promtly and tell them when you will be able to provide a response. 5 In the event that you do not provide and adequate response to this request by this date (or such other date as may be agreed with the Defendants solicitors) then the defendant can apply to the court for an order requiring you to provide the information requested or (in view of the deficiencies in the way the claim is pleaded) an order stiking out the claim(s) Any ideas or is it still the same crap and shall i continue in the usual manner from those thinks you kindly sent me mate?
  5. It says on the front (and the back mind) 'REQUEST FOR FURTHER INFORMATION AND CLARIFICATION' We enclose by way of service: 1 Defence 2 Request for Further Information The first page in has DEFENCE written at the top and the first paragraph says ¨This Defence is filed and served without prejudice to the defendants case that Particulars of Claim do not disclose reasonable grounds for bringing a claim against the defendant to recover the bank charges (and interest thereon) referred to in the particulars of the claim or any other sum(s). In the event that the claim is not properly particularised then the defendant will apply to strike out the claim and/or for summary judgement in respect of the same.¨ This wad of paper contains a lot of stuff man i really dont get it all. Cheers Faceeyes
  6. Oh, also they state in the other four pages of legal stuff i dont understand that i am claiming more than six years which i cant do, except its exactly 6 years from the date my first letter and request for monies was delivered to natwest. So now its obviously going to be a few months more since they stretch it all out with this rubbish behaviour!
  7. Hi again all Really need some legal advice now! PLEASE! PLEASE PLEASE! I have today received a letter from Cobblers. Its the old intimidatory technique and is requiring further information from me or else basically. They are applying for a strike out unless i provide it. Can anyone help. There is a long winded 4 pages of crap that goes over my head and then its summed up at the end what i need to provide by next week. 1) In your claim you state: ¨the defendant debited charges and interest in respect of purported breaches of contract¨ 2) Please provide the following particulars in support of your claim: 2.1 In relation to each charge please identify (a) the date when the charge was charged; (b) the amount of the same; and © the reason(s) given for the charging of the same. 2.2 In relation to each charge, please clarify the following; and (a) is it the case of the claimant the same should not have been charged? (b) If yes; please explain why the claimaint contends that the same should not have been charged? © If no; is it the case of the claimant that the same should not have been charged in this amount? (d) If yes; please explain why the claimant contends that the same should not have been charged in this amount and identify the sum the claimant contends should have been charged. (e) If no; please state the claimants case. 3 In your claim you state the the charges are 'unenforceable under the Unfair Terms Act 1977 and the common law¨ and ¨they must be reasonable under s15 of the supply of goods and services act 1982¨ Please specify all of the facts relied on by the Claimant in support of the contentions in paragraph 3 above, and in particular please identify (a) the section(s) of The Unfair Contract Terms Act 1977 (¨UCTA 1977¨); (b) the regulations of The Unfair Terms in Consumer Regulations 1999 (¨the Regulations¨); and © the principles of common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable. Is this pretty standard with a pretty standard answer? The other 4 pages are even worse! FACEEYES!
  8. You gem thankyou Would you advise that i paid the account off to stop any action?
  9. Anyone? Please please please?
  10. Ok all Here's another update Natwest were deemed to have papers served on 5th June. Awaiting any repsonse, however... I have received a letter demanding payment of the account in full, return of all cards and cheque books AND threatening legal action to recover the monies owed to the bank. I have just called and told them about the dispute and the current situation and they asked if i could make any payments to the account at all. I explained NO as this would effect my case in court as I would be seen as agreeing and paying the charges. Is this correct of me to say i ask you all? Also they said that they would serve me a default notice and if not paid in 28 days they would default my credit score and recover the money through a legal proceeding. Now i explained that their actions are illegal as the account is not only in dispute but they have been served papers by the court on the matter. He put me on hold for a few minutes and came and said ¨ no sir my manager says we can get the money back from you regardless of the situation and you have 28days from the default notice to pay otherwise we will take further action and register a default with the agencies¨ He did then apologies and say it was their formal procedure but i also explained that if they did then i would follow up with further legal action to have the default removed and also compensation for any loses. Considering this is right in the middle of a mortgage application and house purchase, and the default prevents me from getting my morgage i can slam them in court. They cant surely default me when i am taking them to court over the matter can they? Any advice on how i should deal with them or handle this?
  11. No worries Yes exactly, that's what i put on the claim.
  12. Hi Steve yes mate I understand that and have been doing so but now i hvae filed and i have also chosen the s69 route (as you know) which means the total will change every day until they pay up. So if the schedule i printed out today is slightly more (due to this interest) is that ok? ( i have NOT added any charges on since i filed the claim though). Chris
  13. ooooo, what a pain. Thanks for the tip. I have just printed out my list of charges with the interest on, however the amount is different because a few days have passed since i filed and the interest has added a few quid on. Will this be ok, since it will continue to grow for every day that passes that they dont pay? Or should i change the clock on my computer or something to trick it into working out the sum on the date i filed? Cheers
  14. Oh right, thanks matey. So how do i deal with the charges they are going to apply between now and completion which is guess is going to be 2 months and with interest its going to stack up a further £200 approx. Thanks again
  15. Thanks all for their help at this stage it's be very much appreciated. I have just received my confirmation letter from Northampton regarding my file and Natwest will receive papers on 5th June. Now what do i send to the court (i assume just the list of charges i have done in excel) and also do i send it to the Northampton address? Hardly my local court though as i live in Kent If i do send the schedule of charges, i have just added some more on since i filed the claim, should i state in a cover letter that additional charges have been added since i filed and they are included in the spreadsheet or should i just be sending the charges i have filed for? Thanks all!
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