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Everything posted by dmb248

  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.
  12. Thanks for the clarification Donkey I will submit my final offer and await a response.
  13. Thanks again Donkey. As they have been sent my bill for costs and the N252 and have raised their points within the 21 days, I am assuming that they cannot raise any further points so how long do i give them to respond with payment before I apply for a costs certificate as this will be my final offer?
  14. Thanks Donkey I am going to counter offer, however do i have to send them another N252 for the new amount which will be a final amount? and how long do I give them before I apply to the court costs certificate? I have just read CPR 47 again and I think that I amy have mis understood...Am I right in saying that I have to pay the £300 assessment fee and that the following paragraph from their letter is really a little attempt at intimidation? 'Your bill for costs was filed and served without putting us on notice, whereby costs could have been agreed without there being wasted costs, which you would bear as you failed to negotate a settlement.' Because I served and filed they believe that a DJ would not award that cost back to me? As always advice appreciated.
  15. Its an invalid attachement and will not open.. Take off all of your personal details and scan an uplad through photobucket.
  16. Hi TTS Been busy with work but have read the posts....well done for getting the extention out of HC...but I will state again that they will most likely have nothing to back up the POC, except the NOA that is in the current account number for the wrong amount, as by the time that account was assigned you owed at worst an overdraft of £288.24 as you had been refunded £688.93 in charges off the £977.17 in June 07! Their next move will be to contact HSBC for the documents, and as they purchased your alleged debt on the same day as my alleged debt they will nost likely get the same response....'OUT OF CONTRACT FOR DOCUMENTS' Cos they no longer exsist! For your own peace of mind pay the £10.00 and SADR HSBC stating BOTH account numbers. Looking at your figures in post #31 - I am assuming that the POC state the Current Account Number ......You say you owed an overdraft amount of £977.17 when you fell into financial difficulties. You were refunded £688.93 in charges so could you please tell me how much you have paid off the OVERDRAFT (if HSBC split the payments between the two accounts) since that time and how much in total have you paid to CL Finance since 2007? Once I have that I will PM you a defence.
  17. Hi TTS Let me just say that I have no legal experience and am offering you knowlage that I have gained from my own experience. So at the time that the accounts were terminated you had a loan of £2190.18 that would have been regulated under a Credit Agreement and sudject to a default notice? and an overdraft of £1143.36 also subject to a default notice (as far as I am aware no credit agreement is required to enforce an overdraft) When the account was sold to CLF you had paid to the HSBC £1033.11 leaving a balance of £2300.44 which CLF purchased? and sent you a notice of assignement? Since then you have paid CLF £355.99 leaving a balance of £1944.44, which HC are claiming using the exact POC (which I would assume are a template!) that I received. I am not saying that the HSBC should not have put the accounts together for the 'purposes of debt collection' but once they 'sold' the alleged debt I would say that CLF were not and are still not aware that it was two accounts. What account number has been quoted on all correspondence from CLF and which account number have they made the claim against? Is it the current account number? As I said don't hold your breath re a responce to the CPTR request! dmb
  18. To right panther...I found the letter quite amusing as their client... A) Didn't serve notice on me before they obtained the original judgement! B) They tried to claim costs in excess of £400 as part of their defence to the Strike Out hearing! Before I respond however I would just like to clarify a of point....should I have served notice on them before I sent the above and the N252?... If so if they contest and pay the £300 fee would I be liable for that if a DJ assesed my costs as excessive? They mention Negotiation well, with in the letter sent with the discontinuance they stated...'bear own costs' to which I replied with the above, to which they replied with the offer of £100..in my mind thats negotiation!?! I have just been reading further threads & posts on the site and have come across one regarding dispursements and that their is no limit as long as you can prove what you are claiming and as I drive a big car that does only 17mpg (in the process of LPGing it!) and the court is a round trip of 30 miles which I did needlessly on three occasions I have infact undersated fuel costs!! - I am very tempted to issue them with a new Bill of Costs for more!!! dmb
  19. Hello Again I made a claim for my costs which is set out below, Maybe chanced my arm a bit, but the offer that they have made is way off the mark! BILL OF COSTS Work undertaken and time taken as a Litigant in Person during the course of the proceedings bought by the Claimant. Preparing and researching a Set Aside Application. Preparing for and attending a Set Aside Hearing. Preparing for, submitting documents and attending a second Set Aside Hearing. Searching for and locating documents and papers relating to the proceedings. Research regarding Consumer Credit Law and CPR rules. Preparing and submitting a Defence. Preparing and submitting an Allocation Questionnaire. Preparing for and attending a Strike Out Hearing. Receiving and considering the Claimant's Notice of Discontinuance. Research regarding specific CPR rules. Research regarding detailed assessment proceedings and Litigants in Person Preparing a bill of costs and a notice of commencement of costs proceedings. Time: 34 hours @ £9.25ph £314.50 Travel to and from court including parking £ 34.50 Stationary including postage costs £ 36.41 Document retrieval £ 10.00 COSTS PAYABLE BY CLAIMANT £395.40 Would just like an opinion as to how I should proceed after I recieved the following this morning. I know the time that I spent on this and it was a hell of a lot more than 4 hours!! I am having a problem with my scanner so have typed the contents of the letter below. Your bill for costs was filed and served without putting us on notice, whereby costs could have been agreed without there being wasted costs, which you would bear as you failed to negotate a settlement. In any event, we are instructed to settle this matter with a sense of proportionality, as the costs sought are excessive and disproportionate considering how little work had been unertaken by both parties. This would be referred to the Costs Judge at a Detailed Assessment hearing. After reviewing the file we note that since the assignment of your debt from the HSBC is Sept 2007 payments were regularly made to the Claimant up until Oct 2009 which in itself is an admission to the debt. The content of your application to Set Judgement Aside contains content which is readily available on the internet and is made up of mainly information provided by the Office of Fair Trading. Your application to Set Judgement Aside was heard on .........and adjourned to.............By an Order made by DJ dated.......the judgement was set aside and you were awarded costs of £75.00, which you have recieved. Therefore it is not appropriate for you to attempt to claim costs twice. With regard to the subsequent defence filed, this too consists of material which is readiily avaialble from the internet that the Claimant and the County Court have seen on numerous occasions. The same can be said about your Application to Strike Out the claim. The Claimant therefore contends that the vast majority of what is being cliamed by you is excessive and disproportionate. In order to resolve this matter to a satisfactory conclusion, our client is prepared to make a full and final offer to prevent this matter being pursued unnecessarily. With that said, we calculate your costs to be £37.00. In addition to that the Claimant will pay your dispursments calculated at £57.91, which give a sum of £94.91. However our client is prepared to offer £100.00 in full and final settlement of your costs. Accordingly we resere the right to refer this letter on the issue of costs at a future hearing in this regard. Cheers dmb
  20. Hi TTS Thought my experence with this numpties might help. Read my saga at: http://www.consumeractiongroup.co.uk/forum/showthread.php?280684-CCJ-against-me...never-recieved-a-claim-to-defend!!-***-HOWARD-COHEN-DISCONTINUE-** I notice that the alleged debt was purchased from the HSBC on the same day as mine! The one thing I would suggest is that you SADR the HSBC. I recieved a list of notes regarding requests from CL Finance from the point that I CCA'd them. One read.. 'CCA 1974 Requested Agreement, advised purchaser out of contract' At that point A) I knew that they didn't have it and B) knew that HSBC didn't have it! Once recieved you will also notice that the two 'debts' were amalgamated for 'debt collection' and as the POC are exactly the same wording as the one I recieved I would hazard a guess that CLF arn't aware of this and that your CPR request will be ignored cos they do not have any documents maybe bar the Notice of Assignment...which in my case was the wrong account number and amount. You MUST defend the whole claim...I would again hazard a guess that they do not have a clue as to what the alleged debt relates to and as they state documents in the POC namely a credit agreement this is what they are relying upon. In my case It stressed me out but I knew that I had a strong valid defence and although they pushed and pushed and pushed...with the help and advise of others on here I did'nt buckle and gave them enough rope to eventually hang themselves! Oh and as the DJ changed the case from Small Claims to Fast Track when they defended a strike out application they have to pay my costs!! Good luck DMB
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