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cherryblossom10

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Posts posted by cherryblossom10

  1. I opened a business bank account with my business partner at Natwest. The business struggled and we closed. To cut a long story short we had an overdraft limit of £5k but went up to £6500 - exceeding the limit. I contacted the bank to advise that we were trying to sell the business and pay back the debt. All bank statements then stopped after this and i guess i am guilty of burying my head in the sand.

    After a year i have received a demanding letter saying that we now owe NatWest £9500 due to unauthorised overdraft interest and charges being added each month. I was shocked. My business partner did a runner over 6 months ago and has fled the country and remarried in the U.S. NatWest say that as a partner i am liable for the full amount. I rang FOS helpline in tears who said that this did seem unfair after having NO bank statements or NO correspondence from NatWest for over 12 months. They have sent a letter to complaint to NatWest on my behalf and NatWest are now looking into. What is likely to be the outcome of all of this? Will i have to pay back avery single penny on my own? - I cannot afford to do this. I did not sign an overdraft agreement either but i don't know if my buisness partner did - it was offered over the phone. Please help. Thank you.

  2. I have about 20k on credit cards. I have a job as a childminder but will be losing 2 of the children i look after and have had no enquiries lately about new children starting. Therefore my monthly income will be reduced. I have been struggling for a long time but have somehow managed to always meet the monthly repaymets (although i have paid late sometimes). Now i am worried. I really would like to try and avoid payplan and cccs because i am trying to desperately to improve my credit rating. I cannot get new cards to transfer balances so wonder if i could get my interest reduced or frozen to bring the payments down. My mbna abbey card has an APR of 29%. If the credit card companies will agree to this request will it still affect my credit rating? Sorry for the rambling post.

  3. Hi Bonnie, my claim is for roughly the same amount as yours too. I wish i hadn't sent inga an email rejecting their 65% offer now. If the offer was still open i would accept it rather than wait and poss have it reduced or worse still, get nothing at all. I just noticed that your location is staines. I'm just up the road from you in shepperton. :)

  4. Hi everybody, havn't had access to email for a while but just to let you knw that i rang guildford on 14th as abbey had until 4pm on 13th. A very nice lady said that Abbey had not complied with the order and therefore their defence would be struck out. I was over the moon. However, i then received a letter in the post from the court yesterday to say that the judge had decided to stay all cases and the stay had been backdated to 29th July. Therefore i have missed out by 2 weeks. It seems so unfair because one minute i'm being told i've won and then i'm being told i havn't. Abbey hadn't even bothered to comply with the order but they're still getting away with it!!! SOB SOB

  5. Icy, i alo received the same letter as you. However my case is being dealt with by guildford and i received a general form of judgement on 24th July stating that Abbey must request a stay within 7 days or serve on me by 13th August and lodge documents saying whether case was to be contested to at trial and stating if they apply to adduce expert evidence. Havn't heard anything and their time was up yesterday at 4pm. Am ringing the court at 10am today to see whats happened and hoping that the defence will stand struck out as per the directions on the order of judgement. Fingers crossed.

  6. ukcrow, thank you so much for replying. You have put my mind at rest for the time being. Will just sit tight and wait until the 13th August now then. Fingers crossed. |Congratulations on your win. Hope i will be able to post the same after 13th. Just had a thought, it's not a friday is it. LOL

  7. Help!! received this from the court today.

     

    Before his honour JUDGE REID QC. The court has made this order of its own initiative without a hearing.

    It is ordered that

     

    1. The claim is allocated to the small claims track

    2. The hearing will take place at a place, time and date which will be notified to the parties.

    3. The defendant shall not later than 4PM on 13 August 2007 serve on the claimant and lodge at court a dicument answering the following questions: (a) Is the case intended to be contested to and at trial? (b) Does the Defendant intend to apply to adduce expert evidence?

    4. If the defendant fails to lodge at court a dicument in accordance with paragraph 3. above the defence shall stand struck out and judgement be entered for the claimant for the full amount claimed and costs comprising the issue fee and allocation fee paid.

    5. Each party shall serve on the other the witness statements of all witnesses (other than expert witnesses on whom they intend to rely).

    6. No party may adduce expert evidence unless an application for permission to adduce such evidence has been made and granted.

    7. No party may rely on the evidence of any witness whose statement has not been served in accordance with thi order without further permission from the court.

    8. No more than seven nor less than three clear working days before the trial date the claimant shall file at court an indexed and paignated bundle of document which complies with requirements of Rule 39.5 of the civil procedure rules and the practice direction thereto, and shall serve a copy of it on the defendant. The claimant shall ebdevour to agree the contents of the bundle with the defendant before it is filed. If the claimant fails to file a trial bundle in accordance with this direction the claim shall stand struck out and the action dismissed without further order.

    9. Because this order has been made by the court without considering representations from the partie, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court to arrive within seven days of service of this order.

     

    Phew, Can somebody please tell me what this lot means in simple terms. I havn't got a clue about witness statements etc. Also do i need to make a bundle now or wait and see what happens by the 13th August?

    I Wanted to request an abuse strikeout. Does this mean i can't now? I am starting to panic a bit now.

  8. well sent a letter to Inga saying i was rejecting their 65% offer and wanted 100%. Said i would be happy to see them in court. She sent one staright back saying thank you for my letter, it had been placed on my file. Never made a further offer. Oh well. Waiting to see if i get AQ from Guildford or not now. I will be going for abuse strikeout anyway. Just playing the waiting game now. Hope this dosn't drag on forever!

  9. I am also in the same position now. Had my case transferred to guildford and am waiting to see if there will be an AQ or not. I am def going to go for the abuse strikeout. I Sent email to inga saying i was rejecting the 65% offer and would not accept anything less than 100%. Also said i was prepared to see them in court and look forward to seeing their bundle. She sent a reply within mins saying thank you for my letter and she had placed it on my file. LOL. Hope it dosn't take much longer now.

  10. Hi everyone, i want to send a letter to Abbey today rejecting their 65% settlement offer. Am going to say i am fully prepared to see this through to the end and suggest they settle 100% now and avoid futher court charges etc. Please can you let me know the best email addresses to send this to at abbey. thanks.

  11. Hi, I have received abbeys defence and heard from staines county court that my cae has now been transferred to Guildford. Havn't received an AQ yet but if i do i will def be requesting abuse strikeout. Lula says that Guildford are sympathetic so fingers crossed. What do i do if they don't send an AQ. Just send a letter? Also do you think its worth sending Abbey a letter requesting 90% settlement (which i wud be happy with) and let them know that if they are not willing to do thi i will be requesting abuse strikeout? Any help please?

  12. I am going to give them 14 days as well. I think that is long enough. Inga is on leave until monday 23rd so maybe you might hear something when she gets back. Bet she's got loads of backlog tho!

  13. Another update. Received a copy of Abbey's defence today along with the paltry 65% settlement offer. It works £1000 less than what i am claiming so no way am i accepting that! Am going to send another letter requesting 90% settlement which i will be happy to take and give them 14 days to reply. Should i mark this WOP or not. Also, how long till AQ is sent to me?

  14. Hi Jules, i received a copy of abbeys defence today and the usual 65% settlement offer. It's £1000 less that what i'm claiming so there is no way i'm accepting. I might also send a letter similar to yours. Hope you get the reply you want soon.

  15. Update. Abbey acknowledged my claim and intend to defend in full. I know the AQ stage is next but should i start preparing a bundle now as well? How long till i receive AQ? Hate all of this waiting around.

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