Didn't expect anything other than a win after PT and Watsons got involved.

 

Regards

PW

Ditto to you Paul. We haven't spoken for over a Year, but a big thanks for your encouraging words around last year. Much appreciated mate

Vex

well and truly mullered i think,

 

Glad to have helped

 

I'm indebted to you Paul. Will be speaking offline.

Hi all

It has been a long path. A very very long path dating back to end of 2007, and middle of 2008 when Natwest issued proceedings. The light at the end of the tunnel was very feint when i first strated this (see the original thread at http://www.consumeractiongroup.co.uk/forum/getting-out-debt/127772-natwest-keep-racking-up-12.html ) but it has been 100% worthwhile

I have to take my hat of to Paul ( aka pt2537 ) and the folks at Watsons who represented me, and have done me proud

Their claim was for £15k against an unenforceable loan agreement, and another £15k in costs, and apart from some very small detail, Natwest have thrown the towel in and walk away with nowt!

The overidding message here, is that if you know you are right, then stick to your guns and get used to their crap scare tactics. It works!!

:smile:

Long time since i've been on the forum, and updated this.

I'll start a new post, but will drop a link in that new post to refer interested readers to the whole history here.

You should take encouragement! When the issue in dispute gets passed to another DCA it usually implies that one DCA has given in, and another one has picked it up. This cycle continues until all the usual suspects are exhausted, and it ends up in the hands of the desperate one man outfit at the end of the queue.

Experienced gained in squaring up to these bullies reveals the standard tricks

1/ they make sure the date on the letter is 7 days different from the postmark

2/ ALL letters arrive on Saturday morning - designed to make you sweat and ruin your weekend

3/ ALL pretend not to have received any responses you send back

4/ Most capitulate after the 3rd or 4th letter

5/ They ALL want you to ring them (this is not advisable as it seriously raises your blood pressure, even for experienced DCA dodgers)

This is all from experience.

The funniest letters are the one's that tell you about how badly your credit history will be affected. In my eyes, the best thing that's happened in the past few years has been having a poor credit record and not being able to run up more debts.

We have been getting hassled every day by Blair Oliver & Scott now. Despite sending the Account in Dispute letter to them and telling them all they have is an application form.

 

Today we have received a Notice of Intended Court Action. It says they need payment by tomorrow and says it was posted on the 06/05/09 but we only received it today 12/05/09. Should we be worried or is this just a standard threatogram?

Felix

My experience is that the date that the letter was composed, and the date received is usually a minimum of 7 days apart. Standard tactic used to make you feel that most of the time you would have had to consider your response has evaporated. Also find that these letters tend to arrive on Fridays or Saturdays - in my view designed to prey on your mind over a weekend, and tempt you into a rushed response.

Either their systems produce letters with old dates on by default, or they print a batch at then end of one week, and post them the end of the next week. It happens with such regularity, that this must be a standard trick taught as part of any debt collection employees induction.

Accordingly, so that if it goes anywhere, a judge can see the deliberate gaps in dates, if responding i always make a point in my first line "In response to your letter dated xx/xxx/xx, received here on xx/xxx/xx"

Or, in short, standard crap produced by unimaginative drones

Vex

Eckers !!! Wonga charge 2573% on a loan !!!

 

I notice they say -

 

"Much like a black cab, we offer a secure service that’s fast, convenient and transparent" - they have to be it is legislation and has been since 2004 !!!!

 

And also - If we are declined by your bank a second time and haven't heard from you, you'll have failed to honour your loan agreement. We will hand your account to a debt collection partner and may add additional default charges, totalling up to £105, towards the costs of our collections efforts. Sustained failure to repay a loan will also lead to a black mark on your credit record and potential legal action, both of which could make it very difficult to gain credit in the future

 

I'd say for a small loan that would be against the OFT's guidelines on debt collection -

 

2.10 (e.) applying charges which are disproportionate to the main debt.

could make it very difficult to 'gain' credit in the future!!!!

Who are they kidding!!

Every news report tells me that the banks are closed.

I'm quite happy funding my interests from savings:lol:

Worst thing i ever did was get credit cards and loans.

Hi AT

Glad you have reached a situation that you find reasonable.

BTW - Were there any clauses, should you fall foul of the payment plan, due to financial hardship etc?

Thanks, Vex

The Tomlin order looks like it will be an order to stay proceedings for a period of time, whilst you pay the overdraft back.

I imagine the terms of this arrangement are that you acknowledge the o/d, agree terms for repayment - monthly payments, but if you fall foul (or even they fall foul) you all pile back into court.

I guess it is up to you how to play it. If you are still disputing the debt, then continue to court, or take the Tomlin offer.

Vex

Pinky

Point taken. My personal opinion is that the regulatory agencies certainly have been pretty slow in moving.

I can't say my experience of 1/ mentioning OFT this or Trading standards that in my letters, or 2/ attempting to engage them, has done anything for my jaundiced view.

Pinky, i accept that if that has changed or is changing then great, but you know how it is when you have churned out letter after letter, and you start to make judgement on what works and what hasn't

Thanks, Vex

Hi Wilko

Multi Track is a court process where sums > 15k are heard.

Multi track is heavier on process and the costs are much much higher. Therefore the implications for a novice are substantial, and if not defended correctly, the awarded costs against the loser are likely to exceed the amount of the disputed claim. So, for example, a 15K claim may incur costs of another 15K, thus leaving a potential bill for 30k if the defending party loses. Hence my slight concern.

As for making complaints. My feeling is that they are just a paper exercise.

Hi All

The anniversary of my last exchange of letters with Halifax has probably sparked their drones back into life somehow.

They are carpet bombing me with quite a few letters in last couple of weeks. I'm generally unconcenred except for the point that naturally Halifax are piling on the interest, and my concern is that it is creaping toward the Multi Track claim threshold.

Any advice?

Cheers, Vex

Hi Vex

 

This month

rnings post has bought about a dramatic change. I am now in possession of a letter from NW admitting they have no agreement and therefore are unable to enforce repayment.

 

They will keepn reporting it to the credit reference agency though.

 

So a major leap forward, two questions I have no though;

1) What about the court hearing? I presume they have to cancel or is this now my entire defence?

2) I presume they cannot report a default so I should follow this up next.

I don't know the process to follow now that you have this info ( i suggest you bump, or PM P Wilton). It's not the kind of clear admittance that you expect when so far into this process, however, i suspect that it is straightforward, but how to do that - i don't know.

Cheers (you lucky sod)

Vex

Hi AT

Hope you are well

Deadline for my Witness Statements passed yesterday, and nothing came in post from Shoos. They misssed deadline for SD too:roll:

I can't remember if you have answered this before, but did you ask them for a copy of the agreement via a CPR 31 request??

Looking at your last thread here, it appears that as they have not mentioned an agreement (are you sure they haven't referred to it even once in your correspondence), but have filed a witness statement, then they are going to court on the basis of the moral argument - You have had the moeny, so you have a moral responsibility to pay the money back. Either that or they are playing bluff with you, and they are hoping you bottle it before they do??

All the best, Vex

Current status:

1/ 6 weeks after my CPR request, Solicitors eventually find my signed copy of Credit Agreement. This has quite obviously been amended after i signed it and the amount of loan is higher than that which i applied for. They added the set up fees to the total amount - twice! I understand that alone makes the agreement unenforceable (Thanks Paul)

2/ My request under CPR for a copy of each version they hold has been ignored. There appears to be 3 seperate different copies of the same agreement, owing to 'modifications and obliterations'. - Should i ask Judge to order disclosure or apply for strike out?

3/ CPR request also included request for default notice and / or termination notice. No sign of this from them.

4/ 1 month after submitting my standard disclosure, solicitors have not served theirs - Again, should i apply to the judge for an order to disclose or order for strike out?

5/ I am now 2 weeks away from deadline for witness statements, but without their disclosure, i have only slightly more information than when this case started. - As i am waiting for their disclosure, am i bound to stick with the judges order for witness statement, and if so, what do i write?

6/ Having done a refresh of my documents, the schedule of arrears that was sent to me in response to my CCA request is incorrect. It states an original balance that does not tally with the amount that was paid into my account - How significant is this error?

That's all for now

Thanks, Vex

Hi AT

Having vaguely similar issues w.r.t. then releasing the required bits in line with the courts order. Before i go on, i must say how particularly jaundiced i am with the way this can be ignored. If an order says that x needs to be done by xx, they why would the failure to do so go unpunished?

Anyway, in respect of your question on whether they can 'find' or produce any more documents, i would check to see how they responded to Standard Disclosure (if filed at all).

ALSO there is provision for late filing of documents that they may seek to rely upon. If you read your N265 Standard Disclosure form on the last page, it says:

"I understand that I must inform the court and the other parties immediately if any further document required to be disclosed by rule 31.6 comes into my control at any time before conclusion"

Thanks, Vex

Update

After 5 weeks and TWO reminders, i still have no response to my 31.14 request.

AND They did not serve standard disclosure on me - not a dicky bird!! This is 10 days overdue now.

I think i will push a letter to court as Paul hass suggested.

Any suggestions?

The c/ card 'agreement' that you have posted is unenforceable.

They owe you > £245

Why would you trade one for the other?

You stand to be quids in here.

Continue with the claim for your charges back

Push back r.e. their pursuit of the credit card sum.

Tis your choice.

Hi guys

 

 

A county court claim form is due to be served seven days from the date of this notice and any subsequent proceedings would then take place at Kingston County Court.

 

IF any proceedings actually DID take place they would take place at the court of YOUR choice, NOT KINGSTON!!!!!!!

 

To prevent these proceedings being entered against you, which will include costs and back dated interest, you must contact the enforcement officer immediately on the above telephone number to discuss the options available to you.

 

"To prevent these proceedings being entered against you" Absolute claptrap!

 

Any cheques, drafts or postal orders should be sent to the above address and made payable to RUTHBRIDGE LIMITED with our reference xxx,clearly stated at all times. Alternatively, you can make a payment by using CREDIT/DEBIT CARD facilities on the above telephone number.

 

Yours Sincerely

 

Mr Jason Evans

 

LEGAL DEPARTMENT

 

Joijo - This letter is so poorly put together I bet you that it is a custom job designed (very poorly) by their much feared LEGAL DEPARTMENT (not) to make you think the following "crikey, as if things aren't bad enough, they want me to appear at a court in Surrey if i do not settle now"

 

 

Any suggestions as to what i do now?

THIS LETTER IS B******T

Thanks once again Paul

Did you like the shot of the tumbleweed?

BTW - I have turned down that offer. you know

NW's solicitors have failed to give Standard Disclosure . Judge's Deadline was today?

Any suggestions?

Write to the court?

I have sent my Standard Disclosure off. If the solicitors request inspection or copies of the document within the next 7 days, and where they haven't sent me their disclosure, should i tell them to p*** off?

OK. I have found HMCS leaflet on multi track - EX305

Didn't know i would need form N265 (list of documents: standard disclosure)

Bump

I mean, i can't see that i have anything to disclose??