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    • This is more than helpful. Thank you so much. I will get the cca done tomorrow and post the reply from them for what to do next. Thank you all again. 
    • 12+2 working days.   a dca can't hurt you credit file any more anyway.   only the original creditor can issue and register a default, on or before the sale of the debt.   what the dca put in the calendar section is immaterial as only you and them can see it it does not extend the 6yrs period whereby the debt shows on your file and after which the 6th defaulted date's birthday causes the whole file to removed regardless to paid or not, paying or not......makes no odds. it still goes, but might still be owed mind, depending upon the contents of the CCA return.   dx  
    • Hello   I agree with dx100uk.   Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:   1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.   After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.   The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.   Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.   They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.   It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.  
    • I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ?      Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking     
    • Received acknowledgement of defence submission from court. VCS now have the option of continuing their claim or not. Watch this space !!!!
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Born To Be

Born To Be -v- Nat West Bank Charges (2nd time around) *** WON ***

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Thought I would get my own thread going for this as I am sure I will hit some difficulties somewhere along the way and will need to guidance/inspiration of all you guys to keep me going.

 

I submitted a claim to Nat West for my bank charges last year but when they threatened to close my accounts etc I bottled it and left them to suck more of the life blood out of my already dwindling financial state.

 

Well, this time its going to be different.

 

I sent my LBA on 10th July for both my sole step account and my joint current account and enclosed a copy of our CCCS budget summary, yesterday I received the standard reply asking me to fill in their customer financial statement form and once again threatening to close my account, redirect my income and set up only essential direct debits. However this time around I was prepared and had already done all of these things, I have now fired off a reply giving them the initial 14 days and accusing them of using their standard letter as a delay tactic (all in very nice language may I add) and using the threat of account closure to disuade me from persuing my claim.

 

With all that said and done, is there anything further I need to do - I am not used to dealing with Nat West, I bagged bank charges from Halifax (twice!) and so am a little more confident with them (now going after charges number 3 from them), but Nat West seem to be a whole different kettle of fish.

 

Any idea's more than welcome - Thanks in advance


Cabot - £7000 - can't provide docs :)

Red Castle/GUS - unenforcable - phoney docs:)

Halifax £2000 bank charges refunded 12/7/07:)

Halifax (round 2) - LBA 30/8/08 - £2500 back within 3 weeks

Nat West - £2,000 - WON offer dated 7th December 2009 (a week after the Supreme Court Ruling !!!!)

 

In progress

 

Yorkshire (hubby) - LBA sent, discussion reggarding hardship undertaken waiting to see what their plans are after Supreme Court Case

 

Capital 1 - SAR'd - typed docs provided not originals gonna play letter ping pong for a while

Halifax Visa - when I get a moment

Halifax personal loan - when I get a moment

 

If all these come to cash I'll be a millionaire (ish)

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Yes I can advise you. NatWest have sent you a standard response which includes the Common Financial Statement which as you are not filling means that you are not going to be considered as being in financial hardship.

I think you might as well file a court claim and then you will wait until the conclusion of the OFT test case issues.


.

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

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Thanks for that - I was rather hoping that the use of CCCS documentation (which they recommend in their letter) would get me around their budget form as it does not include payments to secured loan company, food bills, council tax etc Without including those in my budget form it looks like I have loads of disposable income when in fact we are 5 months in arrears with the mortage, a month in arrears with the secured loan, haven't paid any council tax or water rates yet this tax year - this all adds up to a lot of arrears that they don't ask about.


Cabot - £7000 - can't provide docs :)

Red Castle/GUS - unenforcable - phoney docs:)

Halifax £2000 bank charges refunded 12/7/07:)

Halifax (round 2) - LBA 30/8/08 - £2500 back within 3 weeks

Nat West - £2,000 - WON offer dated 7th December 2009 (a week after the Supreme Court Ruling !!!!)

 

In progress

 

Yorkshire (hubby) - LBA sent, discussion reggarding hardship undertaken waiting to see what their plans are after Supreme Court Case

 

Capital 1 - SAR'd - typed docs provided not originals gonna play letter ping pong for a while

Halifax Visa - when I get a moment

Halifax personal loan - when I get a moment

 

If all these come to cash I'll be a millionaire (ish)

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Thanks for that - I was rather hoping that the use of CCCS documentation (which they recommend in their letter) would get me around their budget form as it does not include payments to secured loan company, food bills, council tax etc Without including those in my budget form it looks like I have loads of disposable income when in fact we are 5 months in arrears with the mortage, a month in arrears with the secured loan, haven't paid any council tax or water rates yet this tax year - this all adds up to a lot of arrears that they don't ask about.

 

That is where you then include arrears letters with any information you send in.

 

Money Advice Trust - Welcome to the Common Financial Statement

The above has a link to the common financial statement and how to fill it in. Have a look at it and then complete it but when you send it to natwest include all arrears letters you have(well copies of them) and see what they come back to you with.

You appear to have a strong case with the arrears alone.


.

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

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:)Thanks again


Cabot - £7000 - can't provide docs :)

Red Castle/GUS - unenforcable - phoney docs:)

Halifax £2000 bank charges refunded 12/7/07:)

Halifax (round 2) - LBA 30/8/08 - £2500 back within 3 weeks

Nat West - £2,000 - WON offer dated 7th December 2009 (a week after the Supreme Court Ruling !!!!)

 

In progress

 

Yorkshire (hubby) - LBA sent, discussion reggarding hardship undertaken waiting to see what their plans are after Supreme Court Case

 

Capital 1 - SAR'd - typed docs provided not originals gonna play letter ping pong for a while

Halifax Visa - when I get a moment

Halifax personal loan - when I get a moment

 

If all these come to cash I'll be a millionaire (ish)

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Well, quite a lot has happened since my last post - I really should get on here more often !!

 

As an update....

 

Nat West charged me a further £800 over 2 dormant accounts and then began hounding me for repayment of my "unarranged overdrafts" (100% of which were charges!!)

 

I provided a financial statement to Nat West with 20 pages of supporting documents, which they received on 23rd September. I rang them every 2-3 days for an update and was repeatedly told everything was in order and I would hear within 3 weeks. On 20th October I was advised that they had written to me on 29th September asking for further information - I didn't receive that letter and had spoken to them at least 6 times since that date.

 

I then provided an additional 36 pages of evidence which was received 3rd November and once again I was put back into the 21 days waiting period, however, after repeated conversations with nearly every member of the team (they now recognise my name when I ring) I was guaranteed all info was in this time and I would get a letter confirming acceptance (or refusal) of my hardship claim.

 

On 14th November I got just that! A letter stating because I had failed to provide evidence of my husbands income (bank statements guys??) or proof of my second mortgage (they had arrears letters and a statement in bundle 1 and 2 of my documents) that they deemed that I wasn't in financial hardship - I challenge them to live a month in my shoes on my income.

 

So I immediately appealed and forwarded further copies of proof of income and highlighted quite profoundly where it says "secured" on my "second mortgage" statement and letters. When I spoke to them on Monday they confirmed receipt of my appeal on 20th November and told me 7 days for a decision - that 7 days is up tomorrow.

 

My only problem is because of their errors my case has not been dealt with before the OFT test case was heard - and that will be a whole other complaint in itself......

 

I though all was lost :evil:. However, having spoken to them today I have been advised that they are processing all hardship claims as normal as they have not yet had the opportunity to review the full outcome of the test case.

 

Quite where this leaves me I'm not sure - I'm now not expecting to get a penny back, but how I'm going to be able to pay off the overdrafts I simply don't know - what makes matters worse is that Birminingham debt management unit letters always arrive promptly - my default certainly did! and you can actually speak to them, the hardship team hide away behind an email address and no contact by phone and the two teams simply do not (WILL NOT) talk to each other.

 

I'm waffling now but at least if I do get some money back it will be a real bonus and if I have missed the boat by 2 days (my decision is due Friday) it will be simply because of a 5 week delay caused by them so that in itself will be another grumble.


Cabot - £7000 - can't provide docs :)

Red Castle/GUS - unenforcable - phoney docs:)

Halifax £2000 bank charges refunded 12/7/07:)

Halifax (round 2) - LBA 30/8/08 - £2500 back within 3 weeks

Nat West - £2,000 - WON offer dated 7th December 2009 (a week after the Supreme Court Ruling !!!!)

 

In progress

 

Yorkshire (hubby) - LBA sent, discussion reggarding hardship undertaken waiting to see what their plans are after Supreme Court Case

 

Capital 1 - SAR'd - typed docs provided not originals gonna play letter ping pong for a while

Halifax Visa - when I get a moment

Halifax personal loan - when I get a moment

 

If all these come to cash I'll be a millionaire (ish)

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Well, I got some good news! After they rejected my appeal I finally got to speak to somebody who had the paper copy of my file (Glasgow collections team) and he reviewed it, asked for one more piece of evidence, gave me a fax number to send it to - waited by the fax until it arrived then confirmed that I was indeed in financial hardship :smile: I cried (lots) just with relief that somebody indeed acknowledged the fact that I had been struggling and also that they wouldn't be taking me to court

 

Needless to say, there have been a few delays caused by re-drafting of letters but the offer letters arrived this afternoon - they were posted back within half an hour recorded delivery - they wont pay off all of our debts but hopefully they will go someway to helping clear our arrears and of course all of our overdraft!


Cabot - £7000 - can't provide docs :)

Red Castle/GUS - unenforcable - phoney docs:)

Halifax £2000 bank charges refunded 12/7/07:)

Halifax (round 2) - LBA 30/8/08 - £2500 back within 3 weeks

Nat West - £2,000 - WON offer dated 7th December 2009 (a week after the Supreme Court Ruling !!!!)

 

In progress

 

Yorkshire (hubby) - LBA sent, discussion reggarding hardship undertaken waiting to see what their plans are after Supreme Court Case

 

Capital 1 - SAR'd - typed docs provided not originals gonna play letter ping pong for a while

Halifax Visa - when I get a moment

Halifax personal loan - when I get a moment

 

If all these come to cash I'll be a millionaire (ish)

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Hi B2B thanks for the PM, I will gladly change the title for you !!!


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