Natwest suing for £6576.10

[tedney]

Sneax

Don't you mean 8th April?

[questioning]

Sneax

Don't you mean 8th April?

 

Yes obviously he meant April.!

 

Are you sending the embarrassed def.? .....

Are you wanting to submit the def. on line.?.... If you are sending embarressed def. then you can submit online as it is only short, The online process doesn't allow an unlimited amount of characters in the defence so no good for long ones.

You can do it when you like, I like to wait till near the time limit, ( keeps the otherside guessing ). however make sure you do it about three days before just in case it doesn't work, it then gives you time to send it by special Next day del. or to fax it to the court.

You can actually fax def. to the court before they close on the last day, but this would be for a last minute scenario, its good to know this though.

Edited April 17, 2009 by questioning

[Sneax]

Thanks q - I did mean April not Feb and have no idea why I typed Feb!?

 

I am sending the embarrassed def as previously advised so will do this online on Sunday so that I have time to post/fax on Monday if things go wrong. Will update the thread when this is done and also read through the thread you thought may have been of interest.

 

Cheers.

[questioning]

Excellent, You sound like you are feeling in control of this, that's great.

The post and thread I linked you to is interesting, I have not seen this way of counter claiming so as not to have to pay the fee before.

Any way take one step at a time and post any updates ASAP.

Kind regards Q.x.

Edited April 2, 2009 by questioning

[Sneax]

Defence filed this morning...

 

1.The claimants particulars of claim are vague and fail to disclose any cause of

action, they appear to be an abuse of the process in that they fail to deal with the

basic rules of pleading in accordance with the CPR.

2.Even making allowance for the Northampton Bulk Regime the claim fails to disclose

sufficient information as required by the CPR, there is no reference to any account

number, no date of alleged agreement, no date of alleged default or details of any

default notice served in accordance with s87 (1) Consumer Credit Act 1974, the claim

is missing vital information.

3. Without admission that any cause of action is shown by the Claimant it is denied

that the Claimant has a claim whether as pleaded or at all.

4. No documents supporting the claims in the particulars have been offered which the

defendant needs to establish what agreement it is that this action is based upon

5. Without clarification of the claimants claim, the defendant is extremely

disadvantaged and the claimant’s claim appears without merit

6.Further to above the defendant is embarrassed.

[BankFodder]

perfect.

That gets you time to gather your info and to understand your position

[Sneax]

Quick update - Received a confirmation from the court re my defense but have heard nothing from the claimant or court yet. No response to my SAR not even an acknowledgement. Will update next when something happens. ttfn.

[BankFodder]

Send a reminder on the SAR - recorded. Send reminders now every 7 days. This makes it look better for you. Did they bank your cheque?

[AndyOrch]

Hi Sneax

 

Standard response, 28 days to respond from the Claimant re their intentions or the Claim goes to stay.Sit tight until (if) you recieve an AQ at such time the case will be transferred to your local CC.

 

Regards

 

Andy

[Sneax]

Have now received the response to my SAR - they have sent all statements and a handful of pages with call notes. Statements go back to 2001 on one account and they have not sent details of loans taken out.

 

I have not received a response to my defense which was received and processed by the court on 6th April so its now been 31 days - will the court automatically stay the action?

[AndyOrch]

Hi Sneax

 

Give Northampton a ring phone number top right of the Summons tiny print to check what stage you are at

 

Regards

 

Andy

[BankFodder]

write back thanking them for the disclosure and point out that it is only a partial disclosure and they have yet to comply with your statutory request. If the time has exceeded 40 days then point out to them that they are in breach of their statutory obligations. If the time has not exceeded 40 days then remind them of the date of the statutory deadline.

 

As far as the defence is concerned, I have forgotten what it is you said. Normally speaking the courts would have to be asked to stay the claim.

 

You will have to remind me as to whether you need to have the claim stayed or have it struck out

[Sneax]

I have just contacted Northampton and been informed that the bank have to respond by Monday 11th May (9th is the actual day but it's a Saturday) and if a response is not received then the case will automatically be stayed.

 

Bankfodder - my defense was one of embarrassment as the particulars of claim were not specific.

[Dorabell]

Hi just reading with interest good luck:)

[questioning]

Have now received the response to my SAR - they have sent all statements and a handful of pages with call notes. Statements go back to 2001 on one account and they have not sent details of loans taken out.

 

I have not received a response to my defense which was received and processed by the court on 6th April so its now been 31 days - will the court automatically stay the action?

 

Excellent, now you have your statements you are in the position to work out what penalty charges are owing,

You can use the simple spread sheet or the advanced spreadsheet to work out the charges, both available from cag.

 

The best course of action is to phone the court and find out whats happening with the claim.

The court is about 3 weeks behind with processing their post according to some reports here on cag, others say they are not, so a phone call would be the best idea.

[questioning]

I didn't see your post saying you had phoned the court, I ws replying to my email notification,

oh well, only a couple of days of waiting left then.

[Sneax]

Just checked MCOL and no response from the bank yet!

[Sneax]

Phoned Northampton this morning and the case has now been stayed! What should I do next?

[BankFodder]

one of the problems with forums is that the threads become thinly spread out over a period of time and it is difficult to keep track.

 

I am trying to sum up here:

 

 

• They claimed over £6000 from you on the basis of some agreement (I'm not sure what this is about)
  
• You have put in a defence as a holding formalityand the case has now been stayed.
  
• You have served a subject access request and which has not yet fully been complied with.you have not yet begun any action to enforce compliance.
  
• You are owed a sum in bank charges that you have not calculated what the sum is and you have not yet begun any process to reclaim them.
  

 

It is all correct?

[Sneax]

Hi BankFodder - you have pretty much summed the situation up in a nutshell!

[BankFodder]

Well in that case the next steps are clear.

 

Start pressing for the full compliance with your SAR

 

Calculate all your bank charges and start reclaiming them. Why don't you calculate all your bank charges and then let us know here how much they are.

 

When calculating your bank charges don't forget to include any interest they have taken on them as well. In other words every time that you have received the bank charge and you have been overdrawn, then you are being charged some excessive rate on that bank charges as well.

 

If the bank charges unlawful then so is the interest which is levied on it.

[Sneax]

OK - am on it... it will take me some time to go through all the statements but I will post up the amount as soon as I can. This figure will change as I do not have all statements back to 2001 which is, I believe, the period I can go back to to calculate unfair charges.

 

I will send a compliance letter today.

 

Is it likely that the case could be transfered to District and reinstated?

 

Thanks for your help again.

[yourbank]

SAR address for NatWest is:

NatWest Bank

Data Protection Team

1st Floor

Drummond House

1 Redheughs Avenue

South Gyle

Edinburgh

EH12 9JN

[BankFodder]

Calculate your charges back to 1995

[Sneax]

Hold on to your hats...

 

I have today received a letter from Irwin Mitchell with the following....

 

" Without Prejudice Save as to Costs

 

....

 

We refer to the above matter,

 

Our client has advised that the claim has been issued in respect ofthe following accounts:

1) Advantage Gold account numbered xxxxxxx which has a balance outstanding of £4xxx.xx DR.

2) Current Plus account numbered xxxxxxxx which has a balance outstanding of £2xxx.xx.

 

The matter is currently stayed at Northampton County Court. Before we apply to lift the stay, we welcome your proposals for settlement of this debt. Our client may be willing to accept a reduced lump sum in full and final settlement or payment of the full balance by installments.

 

We look forward to hearing from you within the next 7 days"

 

 

You can imagine my surprise when the case was only stayed at 1600 yesterday (11th) and their letter is dated the 11th.

 

As per previous posts, I am on a DMP with CCCS and payments are being made to RatsNest in accordance with my plan which RatsNest have always declined to acccept (they take the payment, add charges in excess of the payment but wont agree to the amount).

 

What is my next course of action?