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    • Hello, been a while since I posted on here, really hoping for the same support an advice I received last time :-) Long, long story for us, but basically through bad choices, bad luck and bad advice ended up in an IVA in 2016. The accounts involved all defaulted, to be expected. In 2018, I got contacted by an 'independent advisor' advising me that I shouldn't be in an IVA, that it wasn't the solution for our circumstances and that they would guide us through the process of leaving the IVA and finding a better solution. I feel very stupid for taking this persons advice, and feel they prey on vulnerable people for their own financial gain (it ended with us paying our IVA monthly contribution to them)-long and short of it our IVA failed in 2018. At the same time the IVA failed we also had our shared ownership property voluntarily repossessed (to say this was an incredibly stressful time would be an understatement!) When we moved to our new (rented) property in August 2018, I was aware that creditors would start contacting us from the IVA failure. I got advice from another help website and started sending off SARs and CCAs request letters. I was advised not to bury my head and update our address etc and tackle each company as they came along. Initially there was quite a lot of correspondence, and I still get a daily missed call from PRA group (and the occasional letter from them), but not much else. However, yesterday i had a letter through from Lowell (and one from Capital One) advising that they had bought my debt and would like to speak with me regarding the account. There will be several.of these through our door i suspect, as we did have several accounts with Capital One. Capital One have written to us with regular statements over the last 5 years, and my last communication with them was to advise of of our new address (June 2019), I also note that all of these accounts received a small payment in Jan2019 (i'm assuming the funds from the failed IVA pot). Really sorry for the long long post, but just thought id give (some of) the background for context.... I guess my question at the moment is.....how do I respond to Lowell...do I wait for the inevitable other letters to arrive then deal with them all together or individually...? Do I send them a CCA?  Many thanks
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Requesting bank statements 6 years how to SAR?


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Hi

 

I am sorry if this is covered elsewere can some one please explain in simple terms how you do the following.

 

£10 fee and request an S.A.R - (Subject Access Request) to natwest.

 

I understand you send it to customer services? What should I do if my account is currently with the debt recovery department of Natwest.

 

Thank you

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Hi hertsman, welcome on board :)

 

Have a read through this thread http://www.consumeractiongroup.co.uk/forum/natwest-bank/105227-nat-west-claimants-new.html - it explains what you need to do to request your information from Nat West along with the correct links for where to send the SAR to, etc.

 

It's a good idea to read the site FAQ's thoroughly before starting to request any information, commencing a claim, etc., as these will explain the reclaiming process in depth.

 

Best of luck x :)

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Hi Hertsman,

Just a line to say I am also in the situation of the debt recovery team. my advice, if you haven`t already done so, is use a reputable finacial advisor to negotiate on your agreement, and absolutely definately open another bank account asap. This will give you a better position to work from with any financial stransactions you may have. the banks will mess you about with statements, but hang in there, they have to supply your request.

Good Luck bob m

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Hi again hertsman,

 

In response to your PM, I'd advise that the quickest way to obtain your statements/all other information on your account (given that court proceedings are underway) would be to send them the letter in this link here: http://www.consumeractiongroup.co.uk/forum/natwest-bank/112868-natwest-wally-natwest.html#post1143692

 

Once you have the information, you can submit a counterclaim which should (once looked at by the DJ) suspend the proceedings for a while until the outcome of the OFT test case is known. There are a couple of threads that you'll find really useful and excellent reading at the moment as you're in a similar position. Read this http://www.consumeractiongroup.co.uk/forum/natwest-bank/112868-natwest-wally-natwest.html and this http://www.consumeractiongroup.co.uk/forum/natwest-bank/44435-williamssj-natwest.html.

 

You'll need to move fast though as time is of the essence right now. Send the letter in the link above tomorrow if poss.

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Hello

 

Thank you very very much for your assistance you have given me MUCH help thank you.

 

Please can you review my plained course of action and see if it seems correct?

 

1-I need time to create a defence I am therefore going to complete the Acknowledgement of Service (This can be completed on www.moneyclaim.gov.uk .... , of the three options I will complete number 2 which is I intend to defend part of this claim.

(1,I intend to defend all of this ..3, I intend to contest jurisdiction, these are N/A)

 

Once I have completed the above step this will give me some additional time. I will send recorded delivery the letter in the thread you gave me to Natwest's solictors.

 

They will then have to send me the docuementation (recorded?) and if they do not in the time frame required the judge should have to pospone the court trail etc until it is completed, that is a lot of work for them to complete, if they do provide all of the information in the letter I should work out how much they have over charged me with the assistance of files and members here and sumbit this as my counter claim defence ?

 

What would I put as my defence in this kind of situation, that I dont contest the loan amount but that I can not resolve it or agree to pay untill Natwest resolves the outstanding monies they owe me?

 

 

 

One final point, should I CC the letter to the actual court as well as Natwests solictors?

 

 

Should I trim down that letter? I think it is a fair letter as it covers what they will use against me so I should have access to what they are referencing?

 

 

Please get back to me ASAP.

 

herts

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Yes - you'll need to complete the acknowledgement of service and the letter that I posted yesterday. Personally, I'd be inclined to complete the Acknowledgement of Service using the traditional hard copy if possible. Whilst MCOL is an excellent service, it's notoriously fraught with problems when it comes to these type of claims.

 

Personally, I'd be inclined to C.C. the court into the letter - send recorded/special delivery to them as well. It pays to cover every angle in these cases and at least the court will be aware that you've requested some information prior to the hearing date. Once you receive the information under your request, you can very quickly calculate how much they've taken from you in unlawful penalty charges over the years and then submit a counterclaim/defence. Again, we'll support you to put the defence together (Wally's thread has some excellent info and links as to the type of defence you'll need to submit).

 

If they don't reply within the required amount of time you'll be able to request an adjournment to the court case - the DJ may even order them to comply if they want the case to go ahead.

 

By making the counterclaim, hopefully you'll have something to offset against the loan (e.g., plenty of penalty charges to reclaim). Personally, I'd continue to keep making any agreed payments. Others would disagree, but I feel it's important to stick to agreed payments - particularly once court action is in the pipeline.

 

Hiring a lawyer will cost you an extortionate amount of money in fees - which you may not be able to afford. Hopefully, all of the advice that you'll need for this matter will be available to you on CAG.

 

For the moment though, I'd advise taking this one step at a time - send the letter today (c.c. the court) special delivery. Hopefully the info will arrive quite promptly and we can then look at the next steps from there.

 

Hedgey x :wink:

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Hi Hertsman

Its Imperative that you " Defend all of It " you wont have time to issue your C/C Snatchy West will drag it out. Before you know whats happening they will attain a Summary judgement while you are waiting to prepare your counter claim.

 

Ps I saw your original thread and your P.o.c (no account number(s)

Even with CPR request thet wont reply in Time!!!! trust me.

 

 

 

 

 

 

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hedgey06 pm'd me.

 

 

 

Hello

 

Please can you review my plained course of action and see if it seems correct?

 

1-I need time to create a defence I am therefore going to complete the Acknowledgement of Service (This can be completed on www.moneyclaim.gov.uk .... , of the three options I will complete number 2 which is I intend to defend part of this claim.

 

This is up to you. if you trully think you owe part of the money, and you know exactly how much you owe, then selecting option 2 is the only moral thing to do. If you don't know exactly how much you owe, I would tend to suggest option 1.

 

You can always admit part of the debt latter, when you are sure.

 

 

(1,I intend to defend all of this ..3, I intend to contest jurisdiction, these are N/A)

 

 

 

Once I have completed the above step this will give me some additional time. I will send recorded delivery the letter in the thread you gave me to Natwest's solictors.

 

Ah... looks like the letter I wrote is getting famous. I would suggest sending it special delivery next day guaranteed, since it's the only service that guarantees a signature.

 

They will then have to send me the docuementation (recorded?) and if they do not in the time frame required the judge should have to pospone the court trail etc until it is completed, that is a lot of work for them to complete, if they do provide all of the information in the letter I should work out how much they have over charged me with the assistance of files and members here and sumbit this as my counter claim defence ?

 

Assuming the information is relevant, they will have to provide it. However, it may take them time to provide the info, in which case you will have to write a defence anyway even if only to explain that you've asked for information, and are unable to file a defence until you recieve the requested information.

 

What would I put as my defence in this kind of situation, that I dont contest the loan amount but that I can not resolve it or agree to pay untill Natwest resolves the outstanding monies they owe me?

 

if you do not contest the fact you owe money, you merly state that your defence is that they did not provide an accurate default notice as required by the consumer credit act 1974, and you believe you have a set off claim

 

 

 

One final point, should I CC the letter to the actual court as well as Natwests solictors?

 

If you want to, it won't do any harm. Recorded delivery is fine. Make sure you have a cover letter, addressed to the court manager.

 

Should I trim down that letter? I think it is a fair letter as it covers what they will use against me so I should have access to what they are referencing?

You can alter the letter as much as you want. it's a general letter I wrote, and you are best placed to determine exactly what info is relevant. i.e. notice of assignment, document of assignment is not neccessary if the case is brought by the original creditor.

 

Please get back to me ASAP.

 

herts

 

..

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Thanks Tom, I really appreciate you having a look at this thread - and it's great advice as always :)

 

Hertsman, please follow Tom's advice as above. This will ensure that you give yourself a good chance of defending their claim.

 

Best of luck, post back once you've received further info re: statements, etc.

Hedgey x :)

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Hi

 

Thank you for your input.

 

I have filed my Acknowledgment of Service, they state this gives me "if you need 28 days (rather than 14) from the date of service. The extra time will allow you to seek legal advice from a solicitor, legal advisor, or Advice Agency who may help you prepare your defence."

 

 

Is that working days or including Sat/Sun>?

 

Information given on Money claim reference this states only...

 

Filing an Acknowledgment of Service

 

You can tell the Court that you intend to defend a claim by filing an Acknowledgment of Service within 14 days of the date you received the response pack (the date of service). You can file an Acknowledgment of Service using this online service, by answering the questions presented in the electronic forms that follow.

 

You should complete this form if you need 28 days (rather than 14) from the date of service. The extra time will allow you to seek legal advice from a solicitor, legal advisor, or Advice Agency who may help you prepare your defence.

 

You can also use this form to tell the court that you intend to contest the court's jurisdiction if you believe that the court does not have legal authority to hear the claim that has been made against you.

 

When you have submitted this form Money Claim Online will automatically send your form electronically to the Court where it will be recorded and forwarded to the claimant. You will be able to see that your form has been received by Money Claim Online by looking at the claim status.

 

If you prefer you can complete the Acknowledgment of Service (N9) form included in your response pack and send this to the address on the form.

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Hi, hertsman31, why not call the court and ask them when you need to file a acknowledgement of service and then defence by? the number is on the top right hand corner of the claim form in very small letters.

 

it won't be the day you think,anyway, but I can never remember when certain obscure holidays take place (the queens second birthday etc) so it's always worth calling court to see when a defence is due.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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If and when I receive my six years worth of accounts "current account/loan", I would perfer for my counter claim "breakdown" to be put together by a basic accountant who has done this kind of submission before.

 

I would perfer to have a professional in this feild area complie my counter claim numbers.

 

Benifit

 

1-I will know the charges I am submiting are concise, fair, correct.

2-It will be presented by an accountant so the judge will at least see I am trying to oorganized and my counter claim is based on real incorrect charges complied professional and worthly of the courts "judges", time.

 

I have had to use an accountant once previously when I worked self employed for a short while, it was a worth while exercise then and I think it would be a good idea for me now as well?

 

It might very well be an easy thing to do myself, to prepare my counter claim defence but the last thing I want to do is submited an incorrect figure or with error.

 

Are there any members of this site who can help me in a professional manner as required, accountant + has submitted previous claims, counter claims with charges?

 

Or can you dirrect me to account who can cheaply assist me?

 

 

Input...

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If and when I receive my six years worth of accounts "current account/loan", I would perfer for my counter claim "breakdown" to be put together by a basic accountant who has done this kind of submission before.

 

I would perfer to have a professional in this feild area complie my counter claim numbers.

 

Benifit

 

1-I will know the charges I am submiting are concise, fair, correct.

2-It will be presented by an accountant so the judge will at least see I am trying to oorganized and my counter claim is based on real incorrect charges complied professional and worthly of the courts "judges", time.

 

I have had to use an accountant once previously when I worked self employed for a short while, it was a worth while exercise then and I think it would be a good idea for me now as well?

 

It might very well be an easy thing to do myself, to prepare my counter claim defence but the last thing I want to do is submited an incorrect figure or with error.

 

Are there any members of this site who can help me in a professional manner as required, accountant + has submitted previous claims, counter claims with charges?

 

Or can you dirrect me to account who can cheaply assist me?

 

 

Input...

 

Hi, hertsman31, it is very much against both the spirit and the rules of CAG for any member to solicit business, advertise, or charge any other member money either by PM or on a normal thread.

 

If you want professional legal advice, I would suggest that you go to the CAB who have a list of soliciters in your area.

 

If you want to use a professional accountant, then your local business link may be able to suggest someone.

 

I have to say, however, that each institution has a subforum on here, that there are free particulars of claims that are commonly used by most professional services, and that thousands of people have launched claims without difficulty.

 

Each subforums has experts who have really got extensive knowledge of the practices of particular institution.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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If and when I receive my six years worth of accounts "current account/loan", I would perfer for my counter claim "breakdown" to be put together by a basic accountant who has done this kind of submission before.

 

I would perfer to have a professional in this feild area complie my counter claim numbers.

 

Benifit

 

1-I will know the charges I am submiting are concise, fair, correct. You'll know this once you compile the charges yourself - all it takes is your bank statements and a CAG interest spreadsheet.

2-It will be presented by an accountant so the judge will at least see I am trying to oorganized and my counter claim is based on real incorrect charges complied professional and worthly of the courts "judges", time. All CAG claimants compile a professional 'Schedule of Charges'. My own SoC (along with thousands of other claimants) went before a District Judge who considered my claim to be concise, professional and worthy of the court's time.

 

I have had to use an accountant once previously when I worked self employed for a short while, it was a worth while exercise then and I think it would be a good idea for me now as well?

 

It might very well be an easy thing to do myself, to prepare my counter claim defence but the last thing I want to do is submited an incorrect figure or with error. Which is why thousands of people support each other on CAG - to ensure 100% accurateness with claims.

 

Are there any members of this site who can help me in a professional manner as required, accountant + has submitted previous claims, counter claims with charges?

 

Or can you dirrect me to account who can cheaply assist me?

 

Input...

 

I'd again advise you to read the site FAQ's and this http://www.consumeractiongroup.co.uk/forum/natwest-bank/105227-nat-west-claimants-new.html.

 

As for instructing an accountant/professional, I can only concur with tomterm8 on this matter. I would like to add though that many people have hired professionals to support them with these matters (reclaiming bank charges) only to find that the professionals don't have the required knowlege to pursue the claims to a successful outcome. You'll also find that many professioinals use CAG as this site is well known for it's professionalism, high level of knowledge and general high standards all round.

 

Best of luck :-)

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