UK Flyer / Help with Natwest

[UK Flyer]

Have done a request... but not in that form... I've emailed the documents...

[UK Flyer]

Hi UKF

 

 

 

Think that in order to beef up your position, you will need to:

1/ File a new defence (as previously mentioned) You will need to submit your ammended defence using an N244 FORM (application notice) and should cost you £75!Vex

 

Looking through the Allocation Questionnaire can I just not expand on my defence in Section I - Other information and include all the documentation that I hold ... it states have I attached documents and sent them to other parties..?

[paulwlton]

Have done a request... but not in that form... I've emailed the documents...

 

The document has probably been recreated from their internal records. I notice there is a clause allowing the bank to apply quarterly default interest both before and after judgment.

 

We now have evidence that once a loan is transfered to their debt management centre that some defaulted loan accounts are set up to accrue interest in this manner. However, in a number of cases the crucial clause allowing for this was not present in the customers original agreement.

 

I would make them aware of this.

 

Paul

[UK Flyer]

Looking through the Allocation Questionnaire can I just not expand on my defence in Section I - Other information and include all the documentation that I hold ... it states have I attached documents and sent them to other parties..?

 

The paperwork has to be in tomorrow - I have received a completed allocation questionnaire from Cobbetts and an advice notice the solicitors have changed to them. I have also received a reply to my letter dated 4 November CPR Part 18 Request with a response, however still no signed copy of my original credit agreement.

 

I am putting together my defence tonight... just wanted to confirm that it is best to use the form N244 and not provide the details through the allocation questionnaire.

[womble72]

Hi Uk Flyer,

 

How you getting on with your defence ?

 

The Crapwest sent me some paperwork last Wed from my SAR request.

It looks like they may have combined my od with the loan agreement.

Will be sending a letter asking for the statements of the od and the loan and to see if it not been put as a router account.

 

Kind Regards

 

Womble

[UK Flyer]

Pretty much there re: defence. Eight pages of it with documentation and Exhibits to match. Just noticed the new solicitors have put the wrong claim number on their Allocation Questionnnaire. Where does that leave them?

[womble72]

With them putting the wrong claim number on that would slow down the process of the claim then.

 

They just dont know what there doing.

Hope i have the same luck with my case with the chuckle brothers solicitors from the Natwest.

DOH !

You couldnt make it up !

Good luck flyer

[UK Flyer]

With them putting the wrong claim number on that would slow down the process of the claim then.

 

They just dont know what there doing.

Hope i have the same luck with my case with the chuckle brothers solicitors from the NatWest.

DOH !

You couldnt make it up !

Good luck flyer

 

Considering that is their primary job, you'd think they'd get the basics right.....

 

Re Allocation Questionnaire and Defence all done and in. I spoke to the courts before filing the questionnaire and they suggested a motion to amend my defence. No forms to fill in, just annotate on the allocation questionnaire that I wished to motion to replace the original defence submitted, pay the appropriate fee - which was £40, and Bob's your Uncle!

 

Copies of everything have also been sent to Cobbetts, so it'll be interesting to see what their next move is.... still no sign of a copy of the original credit agreement with my signature on it....

[UK Flyer]

My defence has been accepted by the District Judge and the case is now stayed until late February to enable myself and the bank to come to an agreement. I have still not received a copy of my original credit agreement and the bank's solicitors have sent an income and expenditure queationnaire and a request for a proposal of how I intend to repay the debt..... considering I did this right at the beginning of all this happening it seems a little bizarre and almost like we've gone full circle.

 

Just after some advice on the best way to proceed from this point, I don't want to provide the information but still wish to be seen to be trying to resolve this prior to going to court.....

[UK Flyer]

Further to events, I wrote a pretty firm letter of what I had thought of the situation, where I stood and what I wanted....

 

I have now been informed that the bank will accept my original offer of £160 per month as a payment subject to entering into a Tomlin Order.

 

We appear to have gone full circle.. apart from all the rubbish I have had to deal with inbetween times and am wondering what to do next... my defence in relation to continuing on to court does seem fairly solid at this point in time....

[ukaviator]

Flyer

 

I have not seen or seen mentioned here if the agreement was enforcable, what was the outcome on the legality of it?

[UK Flyer]

Flyer

 

I have not seen or seen mentioned here if the agreement was enforcable, what was the outcome on the legality of it?

 

We haven't actually gone to court yet.... this is all the preamble still.

 

My defence consists of...

 

2. Under OFT Debt collection Guidelines I believe the Claimant's conduct amounts to unlawful harassment under section 40 of The Administration of Justice Act 1970. Notably:

and

4. The claimants particulars of claim are not in full compliance with the Civil Procedure Rules in particular practice direction 16 Para 7.3 which states,

7.3 Where a claim is based upon a written agreement:

A copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing.

The claimant cites at point 4 of the particulars that

‘The claimants claim is in respect of monies due pursuant to an account maintained with the claimant.’

Yet the claimant has, to date, failed to provide a copy of the contract between parties as required under the civil procedure rules.

I have obviously expanded on those statements referencing documents conversations held and brought in past case history to back up the reasons why I no longer feel the debt is valid.

[paulwlton]

Could you post the agreement or email it me.

 

Paul

[UK Flyer]

Could you post the agreement or email it me.

 

Paul

 

Have emailed... thanks.

[paulwlton]

Have emailed... thanks.

 

Mmmmm, they claim you signed an agreement in 2002. I would write back and confirm that it is a prerequisite of you entering the tomlin order that they forward you a copy of this signed agreement bearing your signature. I think a court would view this as a reasonable request.

 

Could you email or post the "true copy they've forwarded.

 

Paul

[paulwlton]

The "true copy" looks like it's been recreated from their internal records... unenforeable without your signature. Ask em to forward you a copy containing your sig.

 

I note there's a post judgment interest clause again!

 

Paul

[UK Flyer]

The "true copy" looks like it's been recreated from their internal records... unenforeable without your signature. Ask em to forward you a copy containing your sig.

 

I note there's a post judgment interest clause again!

 

Paul

 

I have requested that on several ocassions, but I think I will re-request to make the point. So the gist is they are prepared to accept £160 - my original offer that was turned down, because if it went to court they would not be able to get a judgement against me. Is that correct?

 

What is a post judgment interest clause?

[paulwlton]

I have requested that on several ocassions, but I think I will re-request to make the point. So the gist is they are prepared to accept £160 - my original offer that was turned down, because if it went to court they would not be able to get a judgement against me. Is that correct?

 

What is a post judgment interest clause?

 

The clause allows the bank to apply quarterly contractual interest whilst the account remains in arrears...before and after judgment.

 

How can you be sure you agreed to the terms and conditions if they don't have the original.

 

PW

[UK Flyer]

Quick update.... having stated that I was prepared to carry onto court rather than now pay £160 - my original offer at the start of all this; Cobbetts have come back stating that their client - Nat West, will accept £100 per month.....

[UK Flyer]

I was informed by Cobbetts at the end of May that Nat West has made the commercial decision not to continue the case. I phone up Nat West Credit Managment and was told that the loan will 'probably be written off'.

 

I subsequently wrote to Credit Services confirming the situation. The reply I received was as follows:

 

'Further to your request we confirm we were not minded to proceed the matter to trial and so the proceedings were discontinued, effectively brought to an end. This was done without prejudice to any rights the Banks may seek to enforce at any time now or in the future.'

 

I would quite like this settled, however it appears with that sentence they could if they wish start proceedings all over again.

 

Any suggestions on what the next course of action should be?

[paulwlton]

I've Pmd you.

 

Paul