Natwest Keep racking up the interest - PART II

[paulwlton]

Does it contain your sig and what are your arrears?

 

By the way there's nothing contained in the Act or the regs that allows the creditor to omit names and addresses.

 

Paul

[paulwlton]

Hi Andy and Paul

 

I'll answer in order......

 

Did i sign on premises - think i did sign on premises. Most likely i did sign it on premises.

Has it actually got your signature on there or is it printed - my signature does NOT appear on there - period

What are my arrears - >15K

 

What is my position now. I really want to send them a letter in the post tomorrow. I have a few days to get them a response before the usual 14 day grace period expires. Can i take a position that i do not recognise the 'true copy' that they have sent, and can i add that this copy is not valid without my signature?

 

I'm out now. Back again at 9

Thanks, Vex

 

Was your address on the copy?

 

You must write back and ask if the agreement they have forwarded has been recreated and ask if they have a signed copy.

[paulwlton]

If you haven't sent a SAR off yet i would do it ASAP.

 

Paul

[paulwlton]

You need to make a full SAR you'll find it in the library.

 

You forward it to Natwest, not sure what address though.

[paulwlton]

So, the bank are continuing to enforce after providing a recreated agreement hmmmmmmm.

 

I would write back and ask if they have an agreement that contains your signature.

 

Paul

[paulwlton]

Hi Vex,

 

What was the original loan amount for?

 

What is the balance they claim is now owing ?

 

The bank has obviously been applying quarterly contractual interest whilst in arrears. If the bank cannot produce a signed agreement they cannot claim you have agreed to the terms of the document they have forwarded.

 

 

Paul

[paulwlton]

More scare tactics.

[paulwlton]

I would forward a further letter explaining why a court is precluded from enforcing the alleged agreement.

 

PW

[paulwlton]

Paul / PT - Thanks

 

I am not at my home PC at the moment (Making use of some golden 'silent time', without the kids whilst at my parents) I'll look at the numbers and PM you.

 

Just as a reminder, this is a disputed CCA. CCA supplied by NW in response to my request has no signature on it.

 

The bank will need a signature for enforcement, but they haven't, so it's tough!

[paulwlton]

I would forward a letter asking for a copy which bears your signature, and explain that until you have been supplied with proof that a contract was entered into, you will not be making any further payments.

[paulwlton]

Well is there a letter that you can send that is showing that you are holding all the cards and you can take what i am offering or get nothing

The advice you have been given is great i have read the full thread an i find it very interesting the fencing that goes on between folks on this site and the banks

We are facing a recession in the near future so i recommend this site to my friends the banks have had a good run calling all the shots it is good to fight back

All the best

M

 

wrong thread

[paulwlton]

You can apply through the courts for a determination under sec 142. Just a suggestion.

 

PW

[paulwlton]

Have you posted a copy of the agreement they've forwarded?

 

You need to write back and ask if the agreement has been recreated. A request under sec 77 allows the lender to omit the borrowers signature, therefore they have complied. However, a signature is needed for enforcement, but only if contested.

 

Take a look.

 

How trustworthy is your bank? | Money | The Guardian

 

MP fears bank's phantom paperwork may be just the tip of an iceberg | Money | The Guardian

 

Paul

Edited May 14, 2008 by paulwlton

[paulwlton]

The Claimant?

 

I am sure it would have to go to the So,licitors representing the claimant.

 

Don't worry it'll end up at their solicitors

[paulwlton]

I would write to the other side stateing that you won't be to makeing an application for a stay and if they continue to circumvent their obligations under the CPR you will include this in the A/Q.

[paulwlton]

Can you give a quick summary of your position.

[paulwlton]

Bernard Madoff: RBS and Man latest to reveal exposure to $50bn alleged fraud - Telegraph

 

Kind of puts their efforts, to chase me for 000's into perspective.

 

They really have been (are) no better with money than any other Tom Dick or Harry. And they calkl themselves Banks!!

 

Another interesting article...all adds to their reputation

 

Couple stung by £100,000 ‘secret’ loan - Times Online

[paulwlton]

Second query:

 

I received a response to my CPR 31.14 request:

 

Agreement - Still insisting that they have supplied me with this, although it is not signed, and they are still asserting it does not need to be - Section 180 of CCA '74 and Cancellation notices & regs 1983 section 2(3) (a) & (b)

 

They are hiding behind the 1983 regs. I would write back and make them aware that your request for a copy of the original agreement is made pursuant to CPR 31.14 not section 77 Consumer Credit Act 1974 which does allow them to omitt ones signature.

 

PW

[paulwlton]

Thanks for that Paul.

 

BTW. You still got your thing going on?

 

Yes, we recently exposed RBSs accounting practices in the Sunday Times.

 

Keep up the fight.

 

PW

[paulwlton]

May be of use.

 

Paul

 

 

Dear Sir/Madam,

 

I write in relation to the claim as detailed above, and specifically the order made by District Judge ******* dated [date].

 

You were ordered by the court to by [date] file and serve the documents upon which your client intends to rely at the forthcoming hearing. For your reference, a copy of the order to which I refer is enclosed with this letter.

 

I have, to date, received no such documents and accordingly I hereby request that you do serve upon me these documents at your earliest convenience.

 

I consider your non-compliance to be particularly unacceptable in view of the fact that you are specialist solicitors representing a large financial institution with vast resources, and feel that your litigation should be conducted in a professional manner befitting of such a prestigious organisation.

 

Please note that the evidence upon which I intend to rely was both filed and served pursuant to the order of the court on [date].

 

Should you not comply with the order within 7 days of this letter, I shall write representations directly to the district judge dealing with this claim, to inform the court of your continued non-compliance and invite further order to be made as it sees fit.

 

I look forward to your prompt response.

 

Yours faithfully Its very unlikely that you'll get a response to this, so after the 7 days have elapsed send the following letter to the court, also enclosing a copy of the above.

 

Quote:

[you]

 

District Judge ******

C/O The Court Manager

****** County Court

Court Address

Postcode

 

[date]

 

Dear Sir/Madam,

 

 

I, the Defendant, refer to the claim as detailed above and specifically the order made by district judge ***** dated [date]

 

I wish to inform the court that the Claimant has not complied with the order in that it has not served upon me the evidence, or any such documents, upon which it intends to rely at the forthcoming hearing.

 

I wrote to the Claimant's solicitor on [date] to request that it serve the Claimant's documents at its earliest convenience. I have received no response to this correspondence.

 

I can confirm that my documents were filed on [date] and served to the Claimant on [date]

 

It is submitted that the Claimant's non-compliance creates a significant imbalance between the parties in light of the forthcoming hearing, which I believe to be contrary to the overriding objective. This imbalance is particularly exacerbated by the fact that the Claimant is represented by specialist solicitors, whereas I am a litigant in person.

 

Accordingly, it is respectfully suggested that the court may be minded to make an order pursuant to Rule 3.4(2)© of the Civil Procedure Rules, or other such order as the court deems just.

 

Yours faithfully

[paulwlton]

Duplicated.