Shoosmiths and Nat West

[bazaar]

Yes, you'll need one of the heavyweight to assist now, because without an agreement, they have no proof of you allowing them to process your data. So they should be on a sticky wicket with that.

I think PT has dealt with this for someone else, so click on that little red triangle and lets see your next step. Good news by the way:D

[AT99]

I have contacted PT but not heard back yet.

 

I have drafted a letter to Shoos asking if NW are going to continue with the case or not.

 

I think the best course of action is to send this off and continue with defending the case until I hear back from PT or Shoos cancel it.

[paulwlton]

Could you post a summary of events so far.

[AT99]

Hi Paul

 

Sure, here goes;

 

- NW defaulted account (not sure when though as haven't seen notice)

- NW started court action in June 08

- I put in defence requesting further info - July 08

- NW missed the AQ deadline - July 08

- NW requested three consecutive stays but did nothing during them - Aug, Sept and Nov.

- I sent CCA req Nov 08

- Judge refused 4th stay and asked them to report to court - Dec 08

- NW then issued N244 to strike my defence out as it relied on technicalities of credit act. - Jan 09

- I sent a CPR 31.14 request - Jan 09

- Judge set court date for mid-April 09

- NW said they had provided all relevant docs and everything else could wait for disclosure. - Feb 09

- I continued to request CCA - Feb/Mar 09

- NW finally sent the letter saying they do not have loan agreement. - Mar 09

- I sent letter to NW asking them what their intentions were based on the letter they sent. - Mar 09

 

I hope thats enough, let me know if you need any more info.

 

Thanks

 

Alex

[paulwlton]

Womble was succesfull at a setaside hearing recently with Natwest you may wish to adapt his Witness statement and Skelly.

 

You must forward the documents you intend to rely on before the strike out hearing.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/160789-nat-west-taking-me-11.html

[AT99]

Thanks Paul, very useful, I will use this as a basis for my defence.

[AT99]

Hi Paul

 

Hoping you might be able to provide a little more advice. Shoos have responded to my letter asking if they were still attending court.

 

They have informed me that they will be going for a judgement on the overdraft only. Also enclosed is a draft Tomlin Order for a monthly repayment plan for the overdraft that they have invited me to sign and return.

 

Can they amend their claim at this late stage?

 

The overdraft undoubtedly has some unfair charges against it, although I did get a refund a few years ago and subsequently agreed to the account terms.

 

Have you got any pointers on where I stand.

 

Thanks

 

Alex

Edited April 2, 2009 by AT99
Searched a bit harder and found some info!!

[vexlitigant]

The Tomlin order looks like it will be an order to stay proceedings for a period of time, whilst you pay the overdraft back.

 

I imagine the terms of this arrangement are that you acknowledge the o/d, agree terms for repayment - monthly payments, but if you fall foul (or even they fall foul) you all pile back into court.

 

I guess it is up to you how to play it. If you are still disputing the debt, then continue to court, or take the Tomlin offer.

 

Vex

[AT99]

Thanks Vex.

 

I did a lot more reasearch last night and it seems they can pursue part of the claim only, although it might be uncomfortable for them as the POC is incorrect. It seems overdrafts are a tough one to fight so it seems it may be wise for me to find the middle ground.

 

I will look at charges on the account, plus I am thinking about the defaults on my credit file. I am pretty sure I can negotiate some movement on the terms of the Tomlin but how far I'm not sure. I'll build my case over the weekend and decide on the next steps. It seems to be better than going to court.

[Docman]

AT

 

Shoos added a claim for an overdraft to a disputed credit card debt whnen they took action aginast me. Whilst I had had some trouble with the OD, at the time I was not in default but the bank had started to pile on about £1000 in charges.

 

I counterclaimed for the charges and they came back with an offer to wipe the OD balance which put me in credit by £500 which they applied to the credit card account but asked me to sign the Tomlin order for the outstanding balance of £3000. I refused because of the way Shoos had behaved and we went to the AQ stage.

 

When Shoos were ordered to disclose all documents, they made a secret application (without Notice, the court called it) asking for a stay on the grounds that my counterclaim was subject to the OFT v The Banks case. The court granted a stay. That was in September 2007 and I haven't heard anything since. However, when the OFT case ends, I'll show that Shoos admitted there was no OD claim and that the stay was just a deliberate attempt to delay.

[AT99]

Hi Docman

 

Sounds about right for the banks to hide behind whatever they can rather than admit when they are wrong.

 

I am not 100% sure on my od situation. I assume I have a case if the charges put me in default and this will just be stayed until the OFT case is finalised. I will work out the figures over the weekend to see where I am at.

[AT99]

I have finally decided on my course of action, so we will see how it goes.

 

Not surprisingly the OD is full of unfair charges, although not the majority of the balance. I am therefore going to try and compromise with Shoos. It does mean all the amounts in the POC are incorrect.

 

So, I am sending a letter asking for amended terms of the Tomlin; including removal of the defaults as I don't believe they are valid. If not it is off to court later this month, where I am sure I will see the judge stay the case until the unfair charges issue is resolved.

 

If anyone can see anything glaringly wrong with this approach I would be more than grateful if you could let me know, after sitting on this for a few days it seems the most sensible way forward for me.

[AT99]

A closing post for this thread as it seems things have finally been resolved.

 

I signed a Tomlin with NW for somewhere in the region of 20% of their original claim to be paid over 4 years with all charges taken into account. This seemed to be a good way forward and suits me.

 

I did have to attend court as the agreement was reached too late to actually get court sign off beforehand. In and out in 5 mins.

 

Thanks for all the help and support of the people on here.

[vexlitigant]

Hi AT

 

Glad you have reached a situation that you find reasonable.

 

BTW - Were there any clauses, should you fall foul of the payment plan, due to financial hardship etc?

 

Thanks, Vex

[AT99]

Thanks Vex.

 

No there was only a clause that they could go to court for the amount on the order if I failed to keep up payments. All very straight forward for the first time in this case.

 

How are you getting on? Your thread seems quiet.