Loopyloopy v Natwest

[AndyOrch]

Hi Loopy loopy

 

I have been asked to take a look at your thread.I will come back to you later once i have i have familiarized myself where you are up to with this lot.

 

 

Regards

 

Andy

[AndyOrch]

Ok Lisa

 

Im up to speed on your case now.Try to not let this consume your time and I will come back to you tomorrow.Dont worry.

 

Regards

 

Andy

[AndyOrch]

Ok Lisa

 

Talk about closing the stable door after the horse has bolted.

Ok I need a copy of the Claimants P.o.C verbatum and the amount being claimed less your personal details.

A copy of the Default Notice and Termination notice to your current account ( presum its NW) (if any recieved)

A copy of the Defence you submitted.

A copy of the AQ N150 submitted and The Claimants if recieved.

Any copies of orders or directions given by the DJ involved in your case(if you can scan or type verbatum less your personal details) would be helpful

 

You state that you have the statements to the account in question ( Current Account) have you finalised a penalty charge Figure?Also as this account now been frozen?

 

I will leave you with the above for now and will come back to you later on your response( I appreciate you are are very busy at the moment with your new Baby)

 

Regards

 

Andy;)

[AndyOrch]

Hi Lisa

 

Ok can you post details of the Claimants and your AQ verbatum.

Can you confirm you did infact recieve a DN and termination notice 31st October 2005 /9th December 2005 respectfully and again type the amounts in question the dates and the rectify dates.That it has your full name and address on said notes.

I am a bit amazed that you state there are no penalty charges on the statements are these true statements originiating to when the first part of the loan was advanced? ie Oct 2002.

Are you now in possession of the loan account statements?

 

Just to flesh the bones a little your last payment to the account was July 2007 £300 what is the background to your failing to meet the repayments without going into too much detail.

What as been paid since that date that has not been taken into account and therfore renders the PoC value invalid and to what date?

Have you retained copies of your payment plan Agreements with CMS Telford?

 

Forget the Disclosure list that you have prepared above I appreciate the time and effort put in but it realy is unsuitable for your case,never prepare your list until you recieve the Claimants list ( I will go into this as we move through and prepare a fresh one)

 

I think thats enough for now but if you can clarify the above points then we will move forward

 

Regards

 

Andy

Edited March 23, 2009 by Andyorch

[AndyOrch]

loopy - I'm looking forward to seeing what Andy has to say on your case so far. It seems to me that if this "over 25K" issue can be thrown into doubt it would seriously undermine the Claimants position....

 

 

Hi Shakespeare

 

Forget the 25k limit it was abolished in 2006 if memory serves me correct.

There is no agreement for for the total loan as i guesss you have already gleened its a collection of loan plus top ups which exceeds the old 25k CCA 1974 limit unless the Lisa or hubby can recall signing one (which i very much doubt)

 

Lisa cast your mind back to 2002 and try to give a breakdown of what was borrowed initially and what as been added since

 

Regards

 

Andy

[AndyOrch]

Thanks Lisa

 

I really cant stress enough how important this papertrail is,its become so complicated hence Snatchwest amalgamating your entire borrowings and then hiding under the 25K rule which as I have stated was abolished in the amendemts to the CCA 2006 and implemented in 2008.They dont have any agreement because you never consolodated the previous into the the fresh borrowing if you had Hubby would recall and they would have the paperwork to prove.

 

Regards

 

Andy

[AndyOrch]

you're right of course, It was abolished by the Consumer Credit Act 2006.

 

The Consumer Credit Act 2006 (CCA2006) introduced a number of new regulations which are outlined below:Credit Agreements over £25,000

Credit Agreements over £25,000

 

In April 2008, the financial limit of £25,000 was removed for new agreements so now all consumer credit agreements (unless specifically exempt), regardless of value, are regulated under the Act. This significantly increases protection for consumers.

However, business lending up to £25,000 will continue to be regulated to protect the most vulnerable business borrowers who do not have access to main stream lenders. Agreements over £25,000 which are wholly or predominantly for business purposes are exempt from CCA regulation to ensure that larger organisations are not impacted disproportionately by the regulation. For more information, contact the OFT.

 

I've copied the above snippets from Berr (half way down the page on the following link :-

 

Consumer Credit Act 2006 - BERR

 

 

 

 

Andy

[AndyOrch]

Retrospectively Steven

 

 

Andy

[AndyOrch]

Playing Devils Advocate tho' just wondering if the Judge would say that the changes only apply to agreements after that section came into force i.e. after April 2008 ...

 

Irrespective Shakespeare Lisa.Hubby did not take a loan out of the value of the P.O.C if she had there would be paperwork to prove it was a fresh loan this, as i have stated was an amalgamated amount through a period from 2002 - 2007 and should be reflected in the summons.Therefore the 25 k rule is neither here nor there

 

Regards

 

Andy

Edited March 23, 2009 by Andyorch

[AndyOrch]

Try this Shakespeare

 

 

 

 

will be subject only to the FSMA regime and the original agreement will

remain under the jurisdiction of the CCA. The two agreements will be

treated as separate and distinct, rather than being notionally combined

into a single agreement by virtue of s82(2).

i) Modified Agreements

In the CCA, there are provisions (under section 82) for dealing with the

situation where an existing credit agreement (either regulated under the CCA

or not) is varied or supplemented by a new contract. The effect of those

provisions is that firstly, the existing credit agreement and the later modifying

agreement are to be treated as one combined agreement; and secondly, if the

existing credit agreement is regulated, then the modifying agreement is to be

treated as a regulated agreement.

 

 

In the CCA, there are provisions (under section 82) for dealing with the

situation where an existing credit agreement (either regulated under the CCA

or not) is varied or supplemented by a new contract. The effect of those

provisions is that firstly, the existing credit agreement and the later modifying

agreement are to be treated as one combined agreement; and secondly, if the

existing credit agreement is regulated, then the modifying agreement is to be

treated as a regulated agreement.

 

 

 

Andy

[AndyOrch]

Ok Lisa typical Mitchells AQ response seen one seen them all:rolleyes: Where are their Directions?

 

Ok now what did you put in yours and did you do yours first or after seeing the Claimants AQ?

 

Andy

[AndyOrch]

Ok Lisa thats excellent btw you dont pay costs as the defendent that is the duty of the Claimant did you not give any directions? did the Claimant give any?

 

Lesson for the future should you find youselves in this predicament again always wait for the Claimant to lead and you respond.Litigation is as much about mindgames as law

 

 

Andy

[AndyOrch]

Thats fine Lisa

 

Ok I now have the full picture ( sorry for the barrage of questions but i have to know the fine detail)

 

Ok what we need now is for you to take time an create a manual statement of all payments /amount and date made after the the Claimants figure.

 

Also to compartmentalise the dates of each of the adavance /amount and date.Will be easy if you have the loan account statements.

 

Post up when this is complete and we will then prepare a new Disclosure list (after recieveing the Claimants of course) and throw a few spanners into Mitchells wheels.

Just post in the meantime if anything else transpires Lisa of if you are unsure of anything in the meantime.

 

I trust the above will help put your mind at ease in the meantime

 

Regards

 

Andy

[AndyOrch]

Andy,

 

What happens if I do not receive one from the claimant by the 29th April as the judge ordered. Will I not also get penalised for not sending one??

 

Dont worry Mitchells are pretty prompt in their paperwork (the paperwork that exsisits that is)

Plenty of time to prepare but i tend to let the Claimant lead lets see what they are prepared to disclose (gives you an idea what they have and dont have)

The N265 Disclosure list is the last tool in your armour after the AQ to frighten them and make them run for the hills,lets use it wisely

 

Regards

 

Andy

[AndyOrch]

Thanks for you continued support Shakespeare you understand where im going with this.Lisa i need date loan amount till we get to the P.O.C amount thats all nothing less and the list of repayments which you have already supplied.

Nothing

more to do till we recieve Ratsnest disclosure list so as i have stated before dont let this consume your time.I deal with this weekin week out.

 

 

Regards

 

Andy

[AndyOrch]

We will need for you to document the above for your disclosure list

 

andy

[AndyOrch]

Ok Lisa thats fine you concentrate on the amounts and payments and I will sort the legal.Which statements do you have loan account or current account?

 

Regards

 

Andy

[AndyOrch]

Yes Lisa they are excellent hows the baby by the way?

 

Regards

 

Andy

[AndyOrch]

Thank you for your input Yourbank i am aware that NW hold info further than Mitchells have stated I myself have gone back to 12 years after pressure

 

Regards

 

Andy

[AndyOrch]

Late in the day may i suggest a full SAR cost you £10.00 but e need to unravel this mess

 

Regards

 

Andy

[AndyOrch]

Thank you Yourbank;)

 

Regards

 

andy

[AndyOrch]

There you have it Lisa from the horses mouth so to speak thank you Yourbank

 

Regards

 

Andy

[AndyOrch]

Lisa Yourbank as a wealth of experience and knowledge of NW/RBS lets get the statements its imperative to your case

 

Regards

 

andy

Edited March 24, 2009 by Andyorch

[AndyOrch]

Lisa I cant promise a result but will endevour to assist you all the way in getting a mutual acceptable result.From what i have gleened up to now you are looking good.The bottom line is no agreements and as so we will go into court on that merit

 

Regards

 

Andy

[AndyOrch]

Hi Lisa and Shakespeare

 

I have only just returned from holiday so i hope you didnt feel abandoned,Ok have you recieved the Claimants Disclosure list yet?

I would sumise not!!

Dont wait for the response to your SAR to use as the basis of your Disclosure list.Your list should contain anything of use from your papertrail in the lead up to litigation that maybe of use in arguing your case.

This may be request for information ignored or payment plan requests.

Any evidence of penalty charges and copies of invalid Default Notices etc.Requests for any copies of CCA agreements and so forth.

 

I will advise further on your response to the above

 

Regards

 

Andy;)