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    • They will have to provide proof that it was delivered – either a photograph or a signature.
    • Okay, if you are prepared to go ahead then you should send them a letter of claim. Give them 14 days to refund your money after which you will start a claim in the County Court. Only send this letter if you are prepared to go ahead with your threat on day 15. Otherwise you will simply lose credibility. I'm afraid you won't get your money back any other way. You will probably have to issue the claim papers which will cost you £25. If they are really stupid for this kind of money then they will push you to pay the hearing fee which is about another £40 or £50 – I'm not sure – and on the basis that you win, you will get all that money back. Read around the Hermes threads to see how it works. They will probably opt to go to mediation and that will be their opportunity to try and knock you down and you will find that the mediator will probably try to put pressure on you as well to compromise on your rights. We would suggest that you don't do this and that you stand your ground. The carrot for Hermes is that if they pay you out completely then you won't go to court and there won't be a judgement against them. The stick for Hermes is that if they do push you to court and you win then you will get a judgement against them which will be very damaging for them generally. For this kind of money they would be really stupid to risk it – but they may test you by forcing you to pay various fees. The extraordinary thing about Hermes – like many other big companies, is that they will pay more money to try and crush you that it would cost them simply to pay you out. These people are really stupid. Draft a letter of claim and keep it simple and post it here before you click it off. Draft particulars of claim and post it here before you click that off. After you have sent your letter of claim, use the 14 days to make sure you understand the steps in bringing your action and also to register on the MoneyClaim site so that you can get everything ready and on day 15 click off the claim.  
    • any lines on private land are purely tarmac graffiti.   type in   Manchester Piccadilly Station   in our search top right.   pop up a googlemaps link to where you parked exactly    nearly all no stopping speculative invoices are on byelaw covered land.   it's a traffic offence which they can't enforce not a parking offence.        
    • I sent the parcel on the 10th of September.   The package contained shoes.    The parcel is worth £70, and that's what I marked it as on the lost claims form.    I paid £3.04 for delivery.   I was refunded £23.04   So I am owed £50.  
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      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.
       
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    • 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.
       
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      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.
       
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Natwest suing for £6576.10


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You should calculate your charges - and now for a bit of a slapped wrist, you should have had this well under way by now.

The purpose of your defence was to allow you to get things ready. You seem to be letting the time pass you by. Your charges shuold have been done by now but you had to be reminded to do it today when you didn't seem to know the next step.

You don't seem to be reading around very much and you seem to be asking questions every step of the way instead of being proactive and taking control of your situation. You have been dealing with this long enough now to have had time enough to inform yourself so that you were no longer asking these pretty basic questions.

This forum really assumes that the people who come here are prepared to put in at least equivalent effort to understand how to deal with their problems.

 

In order to resist the lifting of the stay, you will have to be able to show that the sum claimed is comprised vey substantially of charges and related interest.

I think that you should get a move on.

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Here is some useful info.

 

When asking for your personal data tell them that your SAR includes anything which they keep in their archive system as well.

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Ok, I have pulled my finger out and spent all day (don't tell my boss) working through the statements supplied by NW (earliest is March 2001) and have clocked up £9700 in charges which exceeds the amount claimed on each of the accounts in question.

 

I have been reading through these forums for a very long time and apologise if I appear lazy and incompetent - I was just after reassurance that what I thought I should do was in fact correct. I do admit that I should have calculated the charges sooner and did need the lecture to make me find time.

 

I now need to sleep and will catch up with you guys later. Thanks for the motivational talk - I needed it! :-)

Edited by Sneax
Spelling mistakes 'cos it was late and I was tired!
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I have been away for the last few days hense no posts. I have today written to Natwest asking for full disclosure including archived data, the Router Account (read that somewhere) and copies of all credit/loan agreements. This has been faxed to Regulatory Risk and Irwin Mitchell and a copy sent in the post giving them a further 7 days to comply.

 

I need to respond to the letter from IM with my proposals to clear the debts and the state of play is this..

 

Total claimed = £6866

 

Total Charges on statements received £9629

Interest @ 8% = £2608

 

I have not had a chance to finish calculating the interest on charges and am getting in a mess with the spreadsheet.

 

I intend to respond to IW asking for the claim to be dropped, the outstanding amount to be cleared and a further £4000 to be paid to me in full and final settlement - does that sound fair?

 

One further bit of info - I spotted the repayment of one loan with a new loan which had a PLP of £968 for the new loan and a refund of £223 for the old loan. Thie new loan was taken out in Nov 2001 and finished in June 2004. I intend to leave this out of this claim and deal with it separately but would appreciate any comments.

 

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Once again I can't quite remember the train of events.

I think that you are being sued by IW who have recently threatened to have the stay lifted.

You have put in a holding defence.

 

Don't forget that IM may be watching this thread. There is enough details here for them to identify the case.

Don't worry about this. It doesn't matter. They can't do anything. They have lost control of the case.

 

It is up to you how you want to play it.

If you think that you think that you have good negotiating skills and that you are able to overcome blind greed and stupidity, then do as you suggest.

My way would be to ignore IW for the moment.

 

Let them lift the stay if they want and then go in with an amended defence and watch them do an about turn as they ask for the stay again.

Of course, if they are watching this thread then they will realise that the game is up. They will leave the stay in place.

However you need to be vigilant to make sure that the stay is not lifted somehow and you are not informed and that they get a judgment is given against you and move to enforcement.

These things do happen sometimes and it causes a lot of problems.

 

I would then go on immediately to bring a claim against the bank for the entire amount of charges. Just do your entire calculation, serve a 7 day LBA and then send them the Good News.

It will be stayed, of course but you will be in the queue and the bank's debt to you will be earning money at 8%.

 

If the stay on the IM case is lifted then I would put in an amended defence on the basis of charges and also that the subject matter of IW's claim is now the subject of separate litigation against the bank.

 

What is funny is the bank will be too pre-occupied and insufficiently pro-active to inform IW that the debt they sold them is now a dead-duck. IM will only find out by accident somewhere along the line but at the moment I don't see any point in informing IM. That is not your job.

 

You ask about including a loan which you took out to repay a loan which you took out to cover charges.

 

You should include absolutuely everything in this claim. Get it all in now. Get it earning interest and get in the queue.

 

Although it is complicated, make sure you account for every scrap of interest which was taken off you in respect of charges. It is all yours. Make sure that you calim back the enitire loan with all of the interest which you paid on it.

It is disgusting, isn't it, that they took your money, then they told you that you were indebt to them and then they made you take out a loan so that you could repay an illusory debt when in fact it was the bank which were in debt to you all along.

 

Just reflect on the stress whcih they have caused you. the extra work which you have had to do to get the money to pay them. the things which you have given up because you thought you didn't have the money.

 

Get back every penny which they have taken. Nothing is too small.

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Just thought I'd add, I seem to be a few steps ahead of you in exactly the same thing with NW and Irwin Mitchell, however we have gone about it in completely different ways (hopefully non better than the other just hope we both win!)

 

All I will say (as Bankfodder quite rightly says they will monitor this site) is that Irwin Mitchell are quite lax in complying to court deadlines and NW are lax in keeping important data - if one of the site team wishes to PM me for more detail that's fine but I'm awaiting the result of the court at the moment and don't want to jeopardise anything (saying that hopefully will have more detail for you anyway in the next couple of days)

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Thanks BF & JB for your thoughts. I have decided to follow your advice BF and ignore IM for the time being whilst doing my sums and putting in an LBA for absolutely everything.

 

I am still awaiting full disclosure from the bank as I know there are more loans to pay off OD in there somewhere.

 

BF you mentioned I should calc back to 1995 and not 2001 - I have been doing loads of reading up but can't find any reference to this?

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Take it from me, go back to 1995.

get your claim in now and amend later when you get more info.

In your claim put that the defendant has been ser4ved with an SAR under the DPA, they are in breach as they have not satisfied it within the statutory period and you reserve the right to amend your claim once they have complied with the SAR.

 

When you get the AQ, you include a request that they are ordered to comply with the SAR dated XXXX

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