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    • Hello there,  I would be most grateful for any help or views on a distressing incident that occurred last summer, I can supply more info.  I am a 70 years old retired man and quite severely disabled I use a Mobilty Scooter and walking aids.  I had recently been admitted to hospital with an ongoing heart condition.     I was quite a frequent customer of my local Pub/Restaurant and I had previously submitted several verbal complaints regarding short measures of drinks.  The both managers took exception to this and told me that I was "Never happy until I found something to moan about"  The atmosphere in the Pub generally declined towards myself and I was certainly made to feel unwelcome.  Matters came to a head when I witnessed a dog, inside the Pub, attack a child (A Toddler) who had accidentally trodden on the Dog`s tail.  Fortunately the parents of the child and the owners of the dog reacted quickly and no injury occurred .  The pub was very busy at this time and the incident went somewhat unnoticed.  I brought the incident to the attention of one of the managers and he actually laughed, it was monstrous.  When the pub became quieter I remonstrated with the said manager and I stated that IMO it was dangerous to have dogs and children in such close proximity whist food is being served.  He became extremely unpleasant and told me in no uncertain terms that if I did not like it then to "Stop coming back"   Two days later whilst I was out in the next village with friends my wife rang to inform me that the Owner of the pub had called around to our home and told me wife that I was barred from the pub and to never venture there again; my wife was distressed, she never frequented the pub and the owner and my wife are not well known to each other.  It is my opinion that he had no right whatsoever, to include my wife in this matter and to do so within her own home whilst I was not present.      I returned home then went to the pub to enquire why the owner had visited my home, and upset my wife.  Whilst I was on the pub car park I was met by both the owner and the manager who both informed that I was barred as I had upset staff members.  No suitable explanation was forthcoming from the owner for the reason of his unwanted and unwelcome visit plus his aggressive manner whilst he talked down to my wife.  They both informed me that they would forcefully remove me if I did not leave the car park.   Due to the immense stress I was enduring I felt an urgent need to use the toilet, when i requested to do so I was denied.  I could not believe it, I was in such a hopeless state and was utterly distraught.  Finally I struggled out of the car park but entered the front of the pub and headed for the toilet however they caught up with me and I sat down on a stool and refused to move until i was granted access to the toilet, however they were both adamant that it would not be allowed.  I reminded them that i was disabled but the owner stated that I was `Milking It` and to "Go behind a hedge".  At least half an hour passed, since I had entered the pub, and the owner stated that he would call the Police, I had gathered my thoughts a little by this time and I stated to them that I would call the Police myself and then see if I would be allowed to use the toilets.  I feel the owner began to realise that he might be in trouble as when I began to make the phone call he stated that I could use the toilet however he would accompany me; i had no option but to concur with his somewhat sick condition.  I was forced to defecate whilst he stood immediately outside the door.  My humiliation and embarrassment was complete.    Two days later I wrote to the owner and informed that I was intending to sue him for disability discrimination related offences.  He chose to disregard what I had stated and replied stating that he had no intention of lifting the ban.  I replied stating that I had no desire to ever enter one of his pubs ever again and that he should re-read my letter and respond to the charges.  He did not reply.   I issued proceedings against him in the Small Claim Court for less than £400  (Some of my clothes and a she were damaged due to soiling).  He, rather surprisingly, instructed a solicitor who has threatened me with costs being awarded against me by the court which could run into many many thousands of pounds and that there was clearly no case for her client to answer.  I must admit to being rather alarmed.  The owner is a wealthy man.     The court have advised mediation and have even offered to award one hour of such FOC; I agreed, the defendant refused.  We now have a date for a hearing and I do not know exactly what to expect.  His court response states that he will be bringing two witnesses with him yet there was only he, the owner and the manager who were present.    Much of this was audio recorded and the owner is not disputing much of my statement.  I never threatened violence or used bad language during this most unpleasant incident.      Any help and opinions would be greatly appreciated.   Kind regards.  --  tibar
    • My friend has told them this and got no response as yet nor any refund,  she  is giving them till about 2pm  to refund it or   will be  reporting it as fraud and  seeing the Police etc, have told her please  do not ever  do it again or drag me into it, I will do my best keep you updated   Sandy xx
    • Make sure you keep that email and print it out for safe keeping, just in case the PPC don't quite get the message.
    • Okay i've just sent the letters recorded delivery and have registered with the claims court. Just reading about PAP.
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revolting peasant

Peasant v Natwest - No CCA **WON**

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In that case, referring back to post #13 - you have 2 choices: put everything into a coherent case and either

 

1) take them to court under ss10(4), 13(1) & (2)(a) and s14(1) of the Data Protection Act 1998, OR

 

2) do as they suggest and go to the FOS


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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I think you would win either way. If you took them to court, I think they would settle fairly quickly unless they are more stupid than we think and decide to defend 'properly'.

 

The FOS route could take time. I don't know if you have followed this thread but they got a positive result from the FOS (Post #128 ) but it took 11 months.

 

Personally, I would go with the court route, but that is because I am currently doing it for the fifth time, for charges anyway. You have to decide what you are happiest with. The court route is a game of 'chicken' and you have to keep your nerve. The FOS rouite is possibly less stressful.

 

Anyone else like to comment?


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Nat west have upped the ante this morning.

 

I've had a solicitors letter demanding full repayment of the disputed loan within 7 days otherwise they will issue County Court proceedings against me without further notice.

 

In the absence of an agreement, surely I have a defence and can demonstrate that I have been trying to resolve this with them.

 

I don't know what to do for the best now. Any suggestions anyone?

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Nat west have upped the ante this morning.

 

I've had a solicitors letter demanding full repayment of the disputed loan within 7 days otherwise they will issue County Court proceedings against me without further notice.

 

In the absence of an agreement, surely I have a defence and can demonstrate that I have been trying to resolve this with them.

 

I don't know what to do for the best now. Any suggestions anyone?

 

I fail to see how they would win any court case without a valid executed agreement . I agree with my colleagues go fos or court route yourself attack is best form of defence and send holding letter to solicitors saying the loan is in dispute they cant take action if complaint is with fos or with court regards Gaz

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What does the EXACT wording of that letter from the solicitors say? Can you scan/post it up, without editing it apart from removing personal information?

 

This is a must before I can advise further.


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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I don't know what to do for the best now. Any suggestions anyone?
Personally I think attack is the best form of defence. Nat West's behaviour would make me see red and I'd get my claim in on Monday - bother the 7 days. They are then reduced to counter claiming (which would be interesting given the circumstances :))

 

I would then write to NatWest timed to get there right on the 7 day deadline informing them of my action.


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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PMd you my contact number.

 

Paul


An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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revolting peasant - sounds like Nat West have saved you a court fee. Let them take you to court. Imagine their faces whan the judge asks them to show him the credit agreement....


post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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If it goes that far.

 

I have letters in my posession dating back to January last year where NatWest state that they are unable to locate a copy of the agreement so I'm hoping that it won't actually get as far as the court, unless they know something I don't.

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revolting peasant - sounds like Nat West have saved you a court fee. Let them take you to court. Imagine their faces whan the judge asks them to show him the credit agreement....

 

Agreed, but sadly I don't think they will take him to Court, which is why I asked this; (which hasn't been answered yet ;) )

 

What does the EXACT wording of that letter from the solicitors say? Can you scan/post it up, without editing it apart from removing personal information?

 

This is a must before I can advise further.


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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I'm on it Car but I don't have access to a (working) scanner so I'm going to have to type it up:confused:

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Dear Mr Peasant

 

we have been instructed by NatWest that you have failed to repay the amounts outstanding on your above accounts or agree with the Natwest repayment terms despite our client's letters to you.

 

Your accounts with National Westminster Bank Plc are repayable in full immediately on demand by our client.

 

Natwest requires repayment of the balances outstanding in the short term. The Bank will not accept instalment payments.

 

Please contact us within the next 7 days if you are able to discuss making full repayment of your liability in this matter.

 

If it is not convenient for you to telephone during normal office hours please leave a message on the above number to indicate the most appropriate time of day and the relevant telephone number for us to call.

 

When you call us, we will discuss with you the best way for you to pay your debts to Natwest. We may be able to agree a discount off the balance outstanding in return for you paying the amounts we agree in the next 21 days. The discount will only be available if you contact us immediately (and in any event within the next 7 days).

 

If we cannot agree during the next 7 days how to repay your debts to Natwest, we will issue court proceedings against you. We will not contact you again to warn you that the proceedings will be issued.We will ask the court to issue a money judgement against you for the full outstanding balances, together with legal fees for which you will also be liable. Any judgement issued by the court will be registered at Credit Reference Agencies. This may affect your ability to obtain credit in the future.

 

We would remind you that interest continues to accrue on a daily basisand accordingly it is in your interest to repay the debts as soon as possible.

 

Both Natwest and we would prefer to agree with you how you will pay your debts rather than issue Court proceedings. Please contact us as soon as possible so that we can discuss repayment terms with you.

 

Yours faithfully

 

Shoosmiths

 

 

It does strike me as being a standard letter (it repeatedly refers to the single "account" as "accounts").

 

I have at least 5 letters from Natwest stating that they do not have an agreement. Would it be fair to assume that Shoosmiths don't know this?

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Why don't you send a copy of the letter from NatWest saying they haven't got an agreement to Shoosmiths in reply to this letter and point out, that they are therefore up a gumtree without a paddle


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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That was my first thought Steven. It's what I did with Greens and it just seems that Natwest are just shunting it from solicitor to solicitor

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You will just have to follow them around until a solicitor realises what is going on and tells their client where to get off


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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you are recieving threatening letters from a solicitor. i would complain to the Law Society and the OFT.

 

The Law Society - Complaints about solicitors


post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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you are recieving threatening letters from a solicitor. i would complain to the Law Society and the OFT.

 

The Law Society - Complaints about solicitors

 

That would seem a bit harsh at the moment as they obviously don't know the full story.My best guess is that they have been instructed by Customer Collections who are blissfully unaware of the correspondence between myself and "Customer Services"

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Perhaps copy them the story so far.


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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I could do but I'll see what happens next. It would appear that the solicitors are acting in good faith based on the information they have.

 

I've replied to them explaining that Natwest have been unable to supply an agreement and suggesting that they go back to their client for the full story. I have informed them that any proceedings issued at this time will be defended.

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That would seem a bit harsh at the moment as they obviously don't know the full story.My best guess is that they have been instructed by Customer Collections who are blissfully unaware of the correspondence between myself and "Customer Services"

 

 

not harsh really - solicitors should know the facts before sending you frightening letters dont you think?


post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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I've had plenty of dealings with Shoosmiths myself and they are extremely litigous and will probably take you to court, with or without a credit agreement (they took me to court 14 months ago and still have not produced an agreement so the case is ongoing)

 

They will try to grind you down so just hang in there

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I think Natwest are getting desperate or they are just trying to confuse me.

 

My wife has had a letter today from yet another firm of solicitors and addressed only to her, quoting her as "The Defendant" and stating that a County Court Claim will be received by her shortly.

 

Obviously I will be responding to this as I did the last one from Shoosmiths but I am thinking of dropping Natwest a little line on the basis of last warning before I take action under the Protection from Harrassment Act.

 

Any thoughts on this?

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You might find this interesting too

Under the provisions of the Administration of Justice Act 1970, Section 40, it is an offence to harass anyone with demands for payment which "in respect of their frequency or manner or occasion of making any such demand, or of any threat or publicity by which any demand is unaccompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation".

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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