Jump to content

 

BankFodder BankFodder


revolting peasant

Peasant v Natwest - No CCA **WON**

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4058 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Go for mediation if your not satisfied you can then take it to hearing regards Gaz

Share this post


Link to post
Share on other sites

The court won't be happy if you refuse mediation which they seem to think, mistakenly, is the answer to everything.

 

Give it a go then move on

Share this post


Link to post
Share on other sites

I'm having a real problem with this.

 

I have tried several times to ring the mediation service and all I get is an answerphone asking me to leave details (case no, name. contact phone number) and nobody has got back to me.

 

I have to file docs at court by Friday if I want to go to hearing. Do I put in a covering letter that I have tried for mediation but I can't get a response from the mediators?

Share this post


Link to post
Share on other sites
I'm having a real problem with this.

 

I have tried several times to ring the mediation service and all I get is an answerphone asking me to leave details (case no, name. contact phone number) and nobody has got back to me.

 

I have to file docs at court by Friday if I want to go to hearing. Do I put in a covering letter that I have tried for mediation but I can't get a response from the mediators?

 

 

Yes put in the letter

Share this post


Link to post
Share on other sites

Thanks JC - I've got a shed load of letters fromNatwest stating that they don't have an agreement so I have to file those by Friday.

 

I'll put a letter in with it and maybe the Court will encourage the mediation service to call me back!

Share this post


Link to post
Share on other sites

I've been away from this thread for a while due to circumstances at home and a lot has happened.

 

Today I found myself in court. NatWest sent a Barrister:eek:

 

The issue now was that of default removal. In the first instance, the DJ stated that she believed it is beyond her jurisdiction to order the bank as to their reports to CRA's.It didn't look good. She then went on to instruct Natwests Barrister that in spite of the claims being withdrawn/struck out, she would hear their case as it was necessary for her to establish whether or not we actually owed them money, enforceable or otherwise.

 

After an hour of questioning and cross questioning, the Judge made the following summary (this is a very short version)

 

The Defendants have demonstrated that they do not and never have been indebted to Natwest Bank. If there ever was any money paid to the Defendants, which I doubt, it was not subject to any contract between the Defendants and Natwest Bank. I will therefore make a binding declaration that the Defendants have no liability now or in the future toward the Claimant and will order that the Defendants credit records be amended by the Claimant to reflect this judgement

 

 

A good day at the office I think! It amounts to an order to remove the defaults, it just doesn't actually say it. The compromise that I had to make was that I didn't pursue the claims for financial compensation for the breach of the DPA and harrassment so I didn't get any cash but I did get the defaults removed which was more important to me.

Edited by revolting peasant

Share this post


Link to post
Share on other sites

Well done :D


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Share this post


Link to post
Share on other sites

Thread moved and 'Stuck' :D

 

Very well done RP

 

Lex


Please help us to help you. Download the CAG tool bar for free

HERE and use the search option for all your searches. CAG earns a few pennies every time !!!

 

Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Share this post


Link to post
Share on other sites

I should say that this is not a fine example of how to go about it! I was distracted by my wifes diagnosis with a brain tumour a few months ago (don't know why) and I wasn't as prepared as I could have been today.

 

I would urge anyone who wants to try for default removal to read this

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/11427-walton-rbos.html

 

This guy is so committed and to be fair, verging on genius. I got what I needed but there are better ways of doing it.

Edited by revolting peasant
Corrected my American English spelling

Share this post


Link to post
Share on other sites

Good result, RP. :) also good stuff from Steven4064 ;) & others.

 

Regards.

 

Scott.

Edited by maroondevo52

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Share this post


Link to post
Share on other sites

Well done RP.:D All the best to you and your wife:)


<<<If I have helped please tickle the scales;-)<<<

Share this post


Link to post
Share on other sites

Excellent and just shows it can be done


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

Share this post


Link to post
Share on other sites

BRILLIANT!!!!

 

Well Done :D


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.

 

Share this post


Link to post
Share on other sites

Well done Now have a happy & stress free Xmas

Share this post


Link to post
Share on other sites

Excellent work,

 

Well done to all that helped.

 

JOgs

Share this post


Link to post
Share on other sites

Well done - i believe it is car403 who has achieved success with default removals.

 

Paul


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

Winston Churchill

Share this post


Link to post
Share on other sites
Well done - i believe it is car403 who has achieved success with default removals.

 

Paul

 

Only after being inspired by posters like you, Paul ;)


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

Share this post


Link to post
Share on other sites

Well done:D


If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

Share this post


Link to post
Share on other sites

Well done, great result.


Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

Share this post


Link to post
Share on other sites

Now I've got over my excitement (and whisky) I do need to thank everyone who helped with this, particularly Steven who responded to almost every post I made without losing patience with me.

 

I'm very grateful to everyone who gave advice and opinion. Happy Christmas guys and may CAG continue to be successful in 2009.

Share this post


Link to post
Share on other sites

You have had a tough year especially considering the terrible personal circumstances that were ongoing, I hope your wife is well.

 

Many congratulation & Happy Xmas!

Share this post


Link to post
Share on other sites

The wife is quite well thanks Monty - a lot better than we anticipated a few months ago so all is happy in the Peasant household.

Share this post


Link to post
Share on other sites

ive just finished reading this thread and wow what a rollercoaster of emotions my heart goes out to you peasent.

 

congratulations.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...