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About dmb248

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  1. Hello again An update on this situation and would be grateful for some advice as to what my next move should be. Regarding the Current account overdraft I took the matter to the Ombudsman, basically with a complaint that Natwest claim an outstanding balance on the Account an I say their isnt, providing evidence. The Ombudsman has NOT upheld my complaint and just bangs on about 'Charges' being fair (Suprime Court determination etc) It would seem that the fact I have paid the bank MORE than owed since 2005 has been ignored. Naturally I have rejected the decision. My challenge now is that I am owed from them for mis sold PPI, I have that with the ombudsman also as I believe the figure offered is incorrect and that they are refusing to refund me directly (see above). What action should I now take....Should I now wait for the Ombudsman regarding the PPI complaint? - I have all information held by NATWEST from 2 SADR's, and ALL statements should I take them to court to recover the PPI and have the account closed? I have proof of ALL payments made to the bank since 2005 which shows more than the outstanding balance at that time...infact they refunded 5 years worth of interest last year so I am actually OWED money from them!... The only defence that I can see is the outstanding balance on the Loan Account which they admit and I know they have no agreement for (because their isn't one) so is unenforcable. Any thoughts much appreciated dmb
  2. Hello all Just looking for a bit of info regarding an offer I have had to redeem a mortgage on a by to let property with substansial cash back. I have a challenge that it would seem that adverse credit (late payments) on a property that I sold (residential) in Aug 2010 means that I am struggling to find a lender to take on the property to re-mortgage. Other that that my credit history and score is good no CCJ's or Defaults. Can anyone enlighten me as to any ways around this challenge...would the lender in question who has their loan satisfied be willing to remove the entries if I wrirte to them for instance? Any enlightenment appreciated dmb
  3. Hi again My claim was originally rejected by Nationwide, I refered it to the FOS but this morning I recieved a letter from them. Nationwide have agreed to settle based on the ombudsmans general approach, using Simple Interest. However all of the calculators in this forum use Compound Interest. Can anyone enlighten me as to the difference between the two and what I am entitled to? Thanks dmb
  4. Hello all I have a very interesting situation, I have an idea as to how I am going to deal with it but would be interested to hear others thoughts. I have recieved from N/West a PPI offer of around £1400. I made the compaint as I found an old bank statement showing amounts being paid and refunded on redemption, no agreement so do not know the interest rate so cannot calculate as to whether this is a correct figure and the breakdown is simply: PPI Refund xxxxx Net Interest xxxxx Additional gross int for delay xxxxx Net Interest xxxxxxx Total offer xxxxxxxx No idea how they have reached that figure!! Anyway the PPI letter states ' sign and return the delaration...on reciept we will arrange for payment to be made...subject to clearance of any arrears and indetedness you may have with the group...' This is where my challenge lies as I believe that they have had more that enough to cover any liabilities I may legally owe and that I should receive the PPI refund in cold hard cash! My history with them: After my business (which was LTD) went under in 2004 I owed them just over 3k on a personal overdraft and around 5k in business overdraft. I made agreement to pay them back monthly from March 05. About 6 months previous they had made the business overdraft into a personal loan. At the time I didn't question the banks actions as I knew no better (I signed a personal guarentee in 02). However (after understanding CCA, enforcability etc) In 09 I made a CCA request for the Credit Agreement for the loan, which I knew didn't exist because I never signed one! a year later they admitted to not having one. I was making a monthly payment to the 'Bank' not individual payments to the two accounts (O/D, Loan) I have SADR'd them (twice) re the current account to which the overdraft related and have discovered the following: 1. That in May 06 they agreed to suspend any interest. I am assuming that this refered to both accounts, it does not state otherwise. I was not aware of this. They stopped interest on the Loan but not the O/D to which approx £1900 was added in interest over the next 2 years. 2. In total since 05 they have recieved from me over £3.5k which has repaid more than the original O/D liability. 3. Nothing to back up the s74 Feb 1990 O/D determination amongst the documents or justify the amount of interest that they have added. 4. Bank Charges added to the account whilst in an overdraft over £2.2k Also clarification would be helpful re the Business liability, and whether it could be statue barred. They transfered it to a personal liability in 04 (no signed agreement ever existed) They paid the money into my personal account and then repaid the business O/D. I never acknowlaged it as a personal liability until 09 as I made payments to the 'bank' and it was obviously added to the O/D liability in 05. As the Bank did not demand repayment in 04 as a business debt, as they do not have an agreement turning it into a personal loan and as it was over 7 years ago could that make it Statute Barred? Anyones thoughts and opinions appreciated.
  5. Hi TTS You don't need to fill out there form just send them another signed letter (put X's through it) and any other addresses that you have had. bear with me regarding defence. dmb
  6. So basically as they did throughout this whole saga are trying to batter me into submission because although they eventually used all of the rope to hang themselves they are offering a stupidly low amount for the work and wasted time that I have found myself spending on defending against these goons who have abused both the CCA, OFT guidelines and the court process!! Well I have a decison to make then... they have offered an unacceptable £100.00, I having taken into consideration the point raised re: set aside am at £274.00!!
  7. Nope they just sent a letter in post #82 and the only valid point raised was that I was awarded my applicatioin fee after winning the Set Aside (at which point they knew they didn't have a valid case) it wasn't part of my Bill (only the time spent and travel) and I have taken that on board and reduced my Bill by 25%. Why would I have a small risk of loosing? Because I didn't send my bill of costs without an N252? as I said in post #100 they made an offer of own costs knowing dam well that they were liable as their abuse of the process took it to a stage where a DJ ordered Fast Track, with no intention of paying any for my wasted time.
  8. That is the way that I have seen it Donkey and have alluded to that in my correspondence (which I intend to send today as I am out of the country for 10 days) Under CPR I understand that once they make an offer I have 21 days to counter? So what is the process once I submit this offer, which although I won't say in the letter is a fair and final offer. How long do I wait for as response and can I then enfore the N252? or do I then only have the option of spending £300 for a hearing?
  9. They sent a letter with the discontinuance stating own costs so I sent my bill with the n252
  10. Thanks Citizen But why would they not put that at the top of the letter with their offer?
  11. Hi TTS Maybe FAX a copy of the e-mail as well...that will be date stamped on your 'sent document'. With regard the statements I can only read one, however what I really need is what you have paid off the OVERDRAFT since 2003 when the accounts were I assume put with Metropolitan for debt collection, by the time that the alleged debt found its way to CLF in sept 07 including the charges refund was that element (the overdraft) at a ZERO balance, if so your defence becomes very, very similar to mine.
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