Natwest Keep racking up the interest - PART II

[hellhasnofury]

BUMP

 

Hello Vex,

 

I am sure others with more experience with assist you, but my reading of the courts instructions are telling the defendant to get this sorted out before the court date, impying they think it is a waste of court time.

 

See what other think

[vexlitigant]

Hello Vex,

 

I am sure others with more experience with assist you, but my reading of the courts instructions are telling the defendant to get this sorted out before the court date, impying they think it is a waste of court time.

 

See what other think

 

Do you mean Defendant, or Claimant?

[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.

[hellhasnofury]

Do you mean Defendant, or Claimant?

 

Sorry Vex, I mean't the claimant, are wasting court time:oops:

 

I think I made the error, as I am always writing, as the defendant:D

[vexlitigant]

Sorry Vex, I mean't the claimant, are wasting court time:oops:

 

I think I made the error, as I am always writing, as the defendant:D

 

 

Hi HHNF, and a big hello to Paul (long time no hear!)

 

Thanks for the tips. WIll meke my day a little more easier!

 

I've got a day off

 

Cheers, Vex

[vexlitigant]

Hi All

 

I have been sniffing around the site due to some spare time, and stumbled on a thread started by none other than Hellhasnofury covering a claim for monthly charges from NastyWest for an Advantage Gold account.

 

In short, would i be able to amend my counterclaim against them with an additional claim for the 12 quid monthly fee + interest?

 

Am sure i never signed any agreement for this 'facility'.

 

I do look back with some disbelief at how gullable i have been in the past. Advantage Gold gave me such 'benefits' as Travel Insurance. This lovely little 'benefit' in fact only ever covered me, IF i paid for the ENTIRE travel package through that account. This kind of 'benefit', is, as many will know, covered by a plethora of other products, such as credit cards, which do not usually require a monthly fee. My oh my, how i have learned much in the past 12 to 18 months.

 

I hate to admit it, but i think much of the motivation for people taking these kinds of products (very much me included) was the vanity aspect of being different when producing said card at the tills. Anyway, vanity is all but dead here now. I much prefer dough rather than show!

[hellhasnofury]

Hi All

 

I have been sniffing around the site due to some spare time, and stumbled on a thread started by none other than Hellhasnofury covering a claim for monthly charges from NastyWest for an Advantage Gold account.

 

In short, would i be able to amend my counterclaim against them with an additional claim for the 12 quid monthly fee + interest?

 

Am sure i never signed any agreement for this 'facility'.

 

I do look back with some disbelief at how gullable i have been in the past. Advantage Gold gave me such 'benefits' as Travel Insurance. This lovely little 'benefit' in fact only ever covered me, IF i paid for the ENTIRE travel package through that account. This kind of 'benefit', is, as many will know, covered by a plethora of other products, such as credit cards, which do not usually require a monthly fee. My oh my, how i have learned much in the past 12 to 18 months.

 

I hate to admit it, but i think much of the motivation for people taking these kinds of products (very much me included) was the vanity aspect of being different when producing said card at the tills. Anyway, vanity is all but dead here now. I much prefer dough rather than show!

 

Hello Vex,

 

Thanks for looking at my thread and your comments. I am in the positon of waiting for the nw to issue court proceeding against me for an 2 alleged debts.

 

One of them is for a overdraft, but I have issued a claim against them for charges and therefore this case is stayed until the outcome of the oft. case:roll:

 

One of them the loan (which they have no credit agreement)They have been threatening this for over a year now, so I sit and wait. When they do, I will defend vigoursly and then issue a counterclaim against them for mis-sold ppi, mis-sold advantage gold account.

 

I have them for breaches under the Data Protection Act, consumer credit act. and other various legislation. Oh and not to forget breaches of the oft debt collection guidence. This account is in legal dispute (no credit agreement) and last month they added over £2,000 in interest.

 

I have also built up a nice little harassment case as well

 

Now as regarding your case, I think that you will have to ask the permission of the Judge to amend your counterclaim. You can now show evidence of mis-selling account fees,

 

The judge may feel that this is not pertainent to this case and will state yes or no.

 

If the judge will not consider this, you can issue a claim yourself and the judge may combine them together to be heard at the same hearing.

 

A few thoughts:-D

 

So a bit more homework on this. I have asked on a few occassion sunder what legislation the agreement for Adv gold fees come under and did not receive any response:confused: This would be needed for a poc

Edited September 27, 2008 by hellhasnofury

[vexlitigant]

HHNF

 

This is looking pretty tickety boo!

 

I will either amend my defence or issue a new one. I'm thinking ammending my defence will poss be more complicated, however, as it will throw one more spanners in their works, i will enjoy the fruits of that endeavour much more.

 

I must get my a**e in gear and, like you, start to pursue them for breaches under data protection (non compliance with SAR) although i doubt whether the ICO will do much at all.

 

Thanks for advice - tipped your scales. Cheers

[vexlitigant]

Large packet of guff arrived from solicistors today.

 

I will add details of their cover letter here later after i have digested the spin, and had a chance to consider their words in real english

[vexlitigant]

Large packet of guff arrived from solicistors today.

 

I will add details of their cover letter here later after i have digested the spin, and had a chance to consider their words in real english

 

Letter received from Solicitors on 25th Nov........

 

In order for us to take our clients's instructions we ask you to respond to the following request for further information which is made pursuant to Civil Procedure rules 1998 part 18:-

 

1. Please could you particularise the amount of charges in dispute, including the dates the charges were applied to the account and the amount of each charge;
   
2. Please particularise your grounds for disputing charges? Specifically they are "punitive in nature and act as a warning to ensure contractual compliance and that thery are unlawful" as you state;
   
3. Please particularise your grounds for disputing the full amount of the claimas your Defence states a total of xxx.xx has been accrued due to charges and interest; however the claim is for xxxx.xx
   
4. Please particularise the details of your account closure in xx/xx, including detailsof when the account was closed, and evidence that our client bank was informed of the closure
   

This request for further information is made pursuant to the civil procedure rules 1998 part 18 and we ask you to let us have a formal response to each of the above requests, to be received at our offices by no later than xx xxx xx

 

Can anyone tell me what to make of this. My view is that all of the information asked for in points 1, 2 & 3 has already been set out in clear english in my defence and exhibits (care of Andyorch & Steven). The answer to point 4 could be found with their client if their client could be bothered to trawl their records (which i imagine they can't be bothered to do). DO I HAVE TO RESPOND TO THIS. I MUST SAY THAT IT APPEARS TO BE A LOT OF NONSENSE AND ANOTHER EXERCISE TO DRAW THIS ALONG.

 

Thanks, Vex

[vexlitigant]

Bump

[paulwlton]

Can you give a quick summary of your position.

[vexlitigant]

Hi Paul

 

Here's a quick summary.....

 

Judge ordered a stay, which expired end of October.

 

I have since written to Judge asking for strike out as the claimant has not supplied any requested info (signed copy, default letters, + all the other standard stuff asked for in the CPR request)

 

I think it is too early for a reply from the judge + i think that the receipt of the letter that i copied into my thread a few steps back arrived out of coincidence and is not a reaction to my letter.

 

Thanks, Vex

[pt2537]

Letter received from Solicitors on 25th Nov........

 

In order for us to take our clients's instructions we ask you to respond to the following request for further information which is made pursuant to Civil Procedure rules 1998 part 18:-

 

1. Please could you particularise the amount of charges in dispute, including the dates the charges were applied to the account and the amount of each charge;
   
2. Please particularise your grounds for disputing charges? Specifically they are "punitive in nature and act as a warning to ensure contractual compliance and that thery are unlawful" as you state;
   
3. Please particularise your grounds for disputing the full amount of the claimas your Defence states a total of xxx.xx has been accrued due to charges and interest; however the claim is for xxxx.xx
   
4. Please particularise the details of your account closure in xx/xx, including detailsof when the account was closed, and evidence that our client bank was informed of the closure
   

This request for further information is made pursuant to the civil procedure rules 1998 part 18 and we ask you to let us have a formal response to each of the above requests, to be received at our offices by no later than xx xxx xx

 

Can anyone tell me what to make of this. My view is that all of the information asked for in points 1, 2 & 3 has already been set out in clear english in my defence and exhibits (care of Andyorch & Steven). The answer to point 4 could be found with their client if their client could be bothered to trawl their records (which i imagine they can't be bothered to do). DO I HAVE TO RESPOND TO THIS. I MUST SAY THAT IT APPEARS TO BE A LOT OF NONSENSE AND ANOTHER EXERCISE TO DRAW THIS ALONG.

 

Thanks, Vex

Hi

 

I think you are obliged to provide them answers to the questions which they raise, however, i would only answer the points they raise and nothing more, you need to show you are being reasonable even if they arent

[steven4064]

Can you remind us how much the claim is for.

 

What they have sent is a CPR Part 18 request (Nat West always used to do this but I've not seen one for a while - just like old times ) However, CPR 18 is specifically excluded from samll claims track cases. If your claim is less than £5k you can tell them to p*** off (not in those words mind )

[vexlitigant]

17k Excluding their fantasy sum for costs.

 

Multi track

 

Thanks, Vex

[steven4064]

In that case you should reply as pt suggests

[vexlitigant]

17K

 

Multi Track

 

I never closed the 'account' Is this an important point?

[vexlitigant]

Thanks guys

[vexlitigant]

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 call themselves Banks!!

Edited December 15, 2008 by vexlitigant
spelling

[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

[vexlitigant]

RBS - AKA Largest disorganisation with a stock listing to boot!

 

In any other scenraio, the heads of these syndicates would wear balaclavas, and use false names.

[vexlitigant]

I am looking to see what more i may need to do. I expect that something simply must happen at the court end in next few weeks. Currently i have no default notices from Sols, and would like to see their hand (what docs they actually will seek to rely upon).

 

I read surfaceagent's thread on CPR 31.14 some weeks back. I have noted that the emphasis is on moving quick so that such a request and the response will assist in the defence.

 

I am well deyond that point - via a holding defence.

 

Would a CPR 31.14 request help here?

[vexlitigant]

Bump

[vexlitigant]

Bump

 

(picture of tumble weed blowing through)