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About DandD

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  1. Hey Doubting T Please tell me more. Now may be a very good time to start a thread of you own. Do you have anything you can say? thanks D
  2. It's been too long............... If anyone has the time, and are appalled by what the RBS have done over the past 20 Years please read this thread. There will be some updates in the next couple of weeks. D
  3. Hi I SAR'd a Solicitor that was acting against me (for a major Government owned Bank). The information that they supplied was vast and extremely helpful to me. You will find that they do NOT want to annoy the ICO. I find it incredible that Docman is trying to persuad you not to continue with this. You must! Docman obviously has little knowledge or is just simply a fool. A little knowledge can be dangerous. D
  4. I do not know about debts which are statute barred. But if you have not recieved regular statements, then any claim made, can only be for the amount you originally owed, all interest & charges would have to be removed. Debs
  5. I totally agree. The thing is, the 2006 CCA amendments say that the burden of proof is on the claimant. It is for the DCA to provide the documents & prove that the claim is accurate & enforceable. By witholding the documents, they have created a situation which is 'Unfair', there needs to be a 'cards on table' approach. Also, the courts must act 'Fairly'. Both the DCA & the courts have created a situation which is unfair & detrimental to you. Perhaps this judge can be 'Enlightened' 14.7 Burden of Proof If the debtor or surety alleges that the relationship between the creditor & the debtor is unfair to the debtor, it is for the creditor to prove the contrary; the burden of proof is on the creditor. Good luck Debs
  6. They cannot add post judgment interest to your accounts. The Consumer credit act amendments 2006, make this perfectly clear. They cannot add PJI to overdrafts. They can only add PJI to Loans, were the agreement contains a clause which specifically permits this, & even then, inorder to enforce this they have to tell you when they issue the claim how much interest will be charged, & they have to send you statements. you have to do a DSAR and a CCA request on both Incasso and Natwest.
  7. Okay, so they already have judgment. We need to go back to the original claim issued against you. On this claim issued were the accounts merged ? Did you defend this claim ? Have you done a CCA request ? When did the account go into default ? Have they been sending statements ? Debbie Debbie
  8. If the agreement does not contain a clause which legally allows them to add post judgement interest, they are acting illegally. Send an official letter of complaint to the bank (there website will give you the address). They have to respond, make them fully aware that if they fail to manage this account as per the Terms & Conditions of your agreement, you will pass your complaint on to the Financial Ombudsman. Debbie
  9. Hi, the claim HAS to refer to the accounts seperately. They cannot merge the accounts. The claim form from the courts must refer to atleast one of the accounts. It will have a section titled "Particulars of Claim". Please can you give some more info. Debs
  10. Okay, but could she use a different CPR to get the documents she needs to fully understand the case against her mum. Debbie
  11. I only suggested it because we have just used it against the RBS (on PW's advice), they have judgement & charging order & are currently suffering from a severe case of Ostrich Syndrome. Debbie
  12. thnx PT, working with Paul Walton, cases are entwined. Debbie
  13. What do you have from the court ? If they have filed a claim against you, it will have been done online. This is done through Northampton (Bulk handling) court. You should have recieved a Claim form. It will state who the claimant is, Incasso or Natwest. Your claim No, Address for sending documents & payment, then you the Defendant & your address. beneath that, on left hand side, the Particulars of claim, "The claimant claims is for the sum of £xxxx .......under reference number xxxxxxxxxx ............ interest at a rate of xx.xx %.......". Debs
  14. My only point was, and I apologise if my advice was not accurate,is that at this crucial stage, when they are threatening to further enforce the charging order in 2 weeks, she needs to have all the relevant documents to defend and understand this action, a CCA or DSAR would not be appropriate at this stage. I thought that any plaintiff who is being threatened with legal action has the right to use Court Procedures rules to demand documents relevant to their case, if the claimant has or is instigating legal proceedings. We all welcome your input PT, but she needs to ensure that when choosing a solicitor (there not cheap) she makes sure from the outset that they are fully aware of consumer law, and they don't just see this as an opportunity to extract money. It's a sad fact, but many solicitors will pay lip service to a prospective client, make verbal promises & then after running up a huge bill, turn round and say, you don't have a case. You find yourself back to square 1, but the poorer for it. Good Luck mummsy Debbie
  15. I bet they did . thing is... aslong as YOU are negotiating a repayment with the bank they are happy. She can just sit back & ignore this problem. Perhaps, a different approach. drastic, but may grab her attention. If you also ignore this problem, they will instigate legal proceedings.Lets say the total overdraft is £2K, this will be 2 CCJ's, 1 for you & 1 for her, both for £2k plus costs. You defend YOUR CCJ, get charges & interest removed. The account is frozen, no interest can be added to the CCJ. Your payments will be based on what you can afford to pay, taking into account the other debts she has left you with, aslong as you fully understand the court process, no surprises, lets say you offer to pay £10 a month. The court accepts this, you are in a strong position to offer a Full & Final settlement (10% of debt). She gets judgement aswell, thats her problem. Let her sort it out. debs
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