Jump to content

  • Tweets

  • Posts

    • Back home now - Not a wasted trip entirely but did not come back with the car. They took it in straight away at 8 to sort out the navigation which apparently is resolved.  Next was a health check again: 1. Battery = defective 2. Fuel Flap solenoid - Apparently this was on the MPC but I even missed this.  So another one to add to the list of not rectified but vehicle handed to us.  Worst case with this is the flap does not open. 3. Sun Visor - Requires replacing 4. Navigation - Resolved 5. Tyres - The low tread has been deemed as perished - again, I do not understand how this went through MOT the day before collection!  And they also found a nail in the tread - by the looks of it and the lack of miles we've covered, it's been in there a while.  Agreed front right is budget make.   Took a bit of to/fro but all points have been authorised by Sales for Servicing to carry out - essentially as Sales missed this (or were told it was good to sell), they foot the bill.  Internal politics and all fake/virtual money.   The bad news is despite a note to order the battery last week "just incase", it was not done so battery, solenoid, visor and tyres all will be ordered in for tomorrow and resolved tomorrow hence coming back without it today. Upside, after a bit of pushing, I did get an Automatic Q3 70 plate which was the salesmans own demonstrator.   Salesman also apologised for the way he had been/tone used last week so we've put all that in the past (if everything is sorted!)   Finally, raised the fact their MPC states various services need doing.  The service advisor agreed, checked and to my surprise, the day we picked it up, they were completed. I got a printout stating this which included the oil service (even though it was done in September), gearbox service, Haldex (for the quattro system) and brake fluid.   Only thing I need to ask tomorrow is the parts list does not state Gear Box filter which is part of the service on the s-tronics and gear oil seems to be 1x G060175A2.  IF I am reading this correctly, this is only a top up of 850ml and not a complete service which should be around 5-7 litres + filter.
    • as long as returning the car doesn't cost you ...yes. however you are not compelled to do so out of your own pocket. you simply write, if you need too, stating the car is ready for collection at anytime but please advise me first.   but of course, be a wee bit smart here, until/unless the judgement is actually satisfied, it goes nowhere! dx  
    • The lira hits a record low against the dollar amid jitters over Turkish regional ambitions. View the full article
    • cause just like people and bank charges and credit card late/over fees or arrears fees on insurance finance or mortgages, MUGS blindly pay them....
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Natwest suing for £6576.10


Please note that this topic has not had any new posts for the last 4178 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

  • Replies 83
  • Created
  • Last Reply

Top Posters In This Topic

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 :cool:). 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 by questioning

For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others. :)

Link to post
Share on other sites

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.

Link to post
Share on other sites

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 by questioning

For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others. :)

Link to post
Share on other sites

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.

Link to post
Share on other sites

perfect.

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

Link to post
Share on other sites
  • 2 weeks later...

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.

Link to post
Share on other sites

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?

Link to post
Share on other sites

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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites
  • 3 weeks later...

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?

Link to post
Share on other sites

Hi Sneax

 

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

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

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

Link to post
Share on other sites

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.

Link to post
Share on other sites
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.

For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others. :)

Link to post
Share on other sites

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.

For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others. :)

Link to post
Share on other sites

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?

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

SAR address for NatWest is:

NatWest Bank

Data Protection Team

1st Floor

Drummond House

1 Redheughs Avenue

South Gyle

Edinburgh

EH12 9JN

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Link to post
Share on other sites

Calculate your charges back to 1995

Link to post
Share on other sites

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?

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...