Jump to content


  • Tweets

  • Posts

    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
    • Oil and gold prices have jumped, while shares have fallen.View the full article
    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Incasso LLP (Natwest) taking me to court


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4942 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi, I have just received a Claim Form from the Northampton County Court in relation to a personal loan that I have been unable to pay and also my current account which is overdrawn.

 

The Particulars of Claim is as follows:

 

The claimants claim is in respect of monies due pursuant to an account maintained with the claimant.

 

and the claimant claims:

 

1. 17,030.57

 

There are also Court Fees of 310.00

and Solicitors costs of 100.00

 

I took out a personal loan back in 2005 (i think it was then) for £21.000 to consolidate other loans and sort out a car etc. Shortly afterwards I had to leave work due to stress from going through a divorce and suffered a deep depression which forced me onto incapacity benefit which I have been getting ever since. My mum helped me out with the loan repayments and I also used what was left of the loan to carry on paying the monthly premiums until this money ran out. The bank still carried on taking the monthly payments from my current account and actually caused my account to go over the overdraft limit. I also had a few direct debits which the bank lkept refusing over the last few months and charging me £38.00 a time for.

 

I spoke to the lending centre on the telephone and the person that I spoke to was so rude and I told him that if they hadn't been adding all these unfair bank charges on then I would probably not be in the state with the accounts that I am. He just stated that unless I paid the loan and the overdraft off in full that I would be facing court action.

 

Well, that day has now come and I don't know what to do now. I am on incapacity benefit which gets paid straight into my wife's account and I have no other source of income. I have 4 children to support and no way of being able to pay off this debt.

 

I am at my wit's end having sleepless nights and really need some good advice.

 

Do I need to sort out a solicitor or see the Citizens Advice? What is my next step? I only have 14 days to respond to the letter and although I know I owe the majority of the money there are loads of bank charges included in this amount that I was going to try and claim back but now the bank has closed my account and I cannot get online to view the statements to find out how much they came to.

 

Can anyone Please Help!!!

Court Claim Form.jpg

Edited by Rocker6170
Adding attachment
Link to post
Share on other sites

  • Replies 80
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Hi Rocker, im in he middle of a court case too so i know how you feel. You have come to the right place for help, there are alot of very nice and knowledgeable people here!! Ok i am no expert but i am sure some will be along shortly. The first thing you need to do is acknowledge service, you get 14 days + 5 days to do this then once you have done that you get a further 14 days to file a defence!

For the moment i would say you are going to defend the whole claim, especially if your overdraft is made up of unlawful charges like mine was.

 

Once you have acknowledged service you should send a few letters off straight away, you need to send a CCA request to incasso, a SAR to Natwest and a cpr 31.14 request to incasso. All by recorded delivery and dont sign them.

 

If you have a look about you should find the templates in the library, if you cant then give me a shout and i shall get some for you!!!

 

Hopefully someone else will be along soon to confirm the best way to proceed, stay strong!! if you can scan up your POC then that would be helpful also, taking your personal details out!!!

 

good luck, supa :)

Link to post
Share on other sites

Thanks supasta, I will take a look at the templates etc that you have pointed out to me so far. Do I acknowledge and admit that I owe part of the mount or is it best to dispute the whole claim?

 

Look forward to hearing from you.

 

Regards, Rocker

Link to post
Share on other sites

you should dispute all of the claim at the moment and let them prove otherwise. You will not hear back from them with the required info in time to put in a proper defence so for the moment you will probably have to submit what is called as a holding/embarressed defence. Keep a close eye on the dates as you can not be late in acknowledgeing and putting in your defence!

Link to post
Share on other sites

Hi Rocker,

 

Two threads merged - please use this thread from now on to avoid confusion.

 

You should acknowledge the claim as set out on the N1 Claim. Say that you will be contesting the full amount. This will give you time to prepare your Defence.

 

Do you have all your a/c statements since the a/c started. If not, instead of applying for them with an SAR and the £10 fee, you can send the bank, or their legal reps, a request under the CPR 31.14 (Civil Procedural Rules).

 

You also need to demand sight of the credit agreement upon which they rely.

 

Read this thread which sets out what you should request from the legal reps - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

You'll get lots of help here, but you should be prepared to read and learn lots. :)

 

This reply was made on another thread, before I saw replies from SS.

Edited by slick132
threads merged and my post edited accordingly

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Hi, I have been into my local Community Legal Advice bureau today and told them what I had been advised so far. They said by all means to defend the claim but if things weren't to go in my favour then I could be liable for all sorts of extra costs including barrister fees etc.

 

Are you sure it is wise for me to defend the whole claim? I have no means of paying it anyway so will it matter if extra costings are applied anyhow?

 

Look forward to any responses.

Link to post
Share on other sites

Hi, I have been into my local Community Legal Advice bureau today and told them what I had been advised so far. They said by all means to defend the claim but if things weren't to go in my favour then I could be liable for all sorts of extra costs including barrister fees etc.

 

Are you sure it is wise for me to defend the whole claim? Yes otherwise the Claimant will get Judgement by default I have no means of paying it anyway so will it matter if extra costings are applied anyhow? you said it

 

Look forward to any responses.

 

Defend in full

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 OTHER

 

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

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

Link to post
Share on other sites

Andy is a very good person to have in your corner, his advice is very good advice. The reason you need to tick defend all of the claim at the moment is because you have been sent no information by Natwest to be able to substantiate the claim. Once you have all the information you need from them you will be in a better position to judge how strong your case is, until that point you should defend defend defend. This is the purpose of using the holding defence, you are basically saying that you can't defend this claim as it stands because you need more information. My advice would be to send the letters mentioned above asap and acknowledge the claim. You will get plenty more advice here to help you through each process step by step... Natwest start all of these claims hoping for people not to defend so they can win by default... even if they aren't legally entitled to any money from you, this is what you need to find out....

 

I wish you well in your decision and will keep an eye on this thread to see how you proceed...... best of luck :)

Link to post
Share on other sites

Thanks Andy and Supasta1, it does make me feel a lot better having someone knowledgable to take advice from. I have now acknowledged the claim online and will be posting a request under the CPR 31.14 to Incasso LLP today via Special Delivery. I have asked for a true copy of the agreement plus other documentation and also account statements from since the account/s were started.

 

There is one other thing that is bugging me though. In the POC it states the following:

 

The claimants claim is in respect of monies due pursuant to an account maintained with the claimant.

 

and the claimant claims:

 

1. 17,030.57

 

 

Now as far as I am concerned this is worded wrongly as the debt is the total of what is still owed on a personal loan (approx £11,500) and also a current account which is overdrawn (approx £5500) The unfair bank charges have all been applied on the current account.

 

Could this be thrown out at Court for being worded wrongly in the POC as being a single account or am I just splitting hairs?

Link to post
Share on other sites

They have amalgamated your Overdraft into the Personal loan.RBS are well known for doing this hence the lack of account numbers in the P.O.C.However this is a plus for you because the O/D usually is made up of unfair penalty charges thus rendering the summons amount invalid.

Gives you another reason as to why you must defend in total.

Rocker if you get chance can you type up verbatum the Claimants P.O.C as the thumb is too small,less any personal identifiable details.

 

Regards

 

Andy

Edited by Andyorch
typo

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 OTHER

 

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

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

Link to post
Share on other sites

Caggers tend to use Photobucket to upload to then just post a link in your thread.

 

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 OTHER

 

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

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

Link to post
Share on other sites

Excellent Rocker.

That has to be the most vague P.O.C I have ever seen in my life:D

 

 

Defend Defend Defend

 

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 OTHER

 

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

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

Link to post
Share on other sites

And here is your Defence

 

 

Defence

 

 

I Rocker make this statement as my defence to the claim brought by RBS

 

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.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

 

3.Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit

 

 

4.Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

 

 

 

 

 

The above is all you need to place in the defence.

 

You should write to the claimants solicitors as follows:-

 

Dear Sirs,

 

 

Please serve amended particulars of claim and plead yor clients case in an appropriate manner within 7 days, so that I am aware of the case I will have to meet at trial. I request that you attach to the particulars a copy of the agreement and Default Notice/Assignment Notice upon which the claimant relies. The matter will be transferred to my home court and the claimant will have to produce the document, in any event. In those circumstances you should plead in accordance with the CPR.

 

Failure to provide that requested in the time period provided for will result in application to the court. I confirm a copy of this letter will be produced to the court when the question of costs falls to be decided'.

 

 

Yours Faithfully

 

(print name) send rec del/retain proof)

 

The above will starve them off for now and stop automatic Summary Judgement

 

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 OTHER

 

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

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

Link to post
Share on other sites

Thanks for that Andy, I will draft another letter to the claimants solicitors (Incasso LLP) later today as I have just sent a letter today via Special Delivery requesting all the supporting documents under CPR 31.14 although will follow it straight up with the info that you have now given me.

 

I will also file what you have sent me for defence to the court.

 

If you think of anything else it would be much appreciated.

 

Thanks for all your assistance so far.

 

Rocker

Link to post
Share on other sites

Good stuff Rocker

 

Just exclude the Assignment part from the Sols Letter as this claim is still with the Original creditor ie NW/RBS

 

 

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 OTHER

 

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

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

Link to post
Share on other sites

The POC is pretty much identicle to the one they sent me... shambolic really isn't it!

 

Incasso started proceedings against me but as soon as i entered a defence Cobbetts suddenly took over. I would imagine this will be the case here too.

 

My case is very similar to yours Rocker although mine is not for as much. i have my first hearing on the 25th August as they applied to have my defence struck out as they claim i have no reasonable grounds for defending the claim, even though they admit they have no Credit agreement for the loan so i returned the favour and applied for their claim to be struck out as they have no real prospects of winning at trial..... Should be interesting lol!!

 

Keep up the fight.... Andy is giving you some great advice :D

Link to post
Share on other sites

Hi Supasta, who are Cobbets? Are they another solicitor? Anyhow sounds like we are both in very similar circumstances so will be interesting to see how things pan out.

 

Thanks for your assistance and good luck with your case too.

Link to post
Share on other sites

Yeh Cobbetts are another solicitor firm for the Ratwest, i have read a few threads regarding Natwest where the claim starts through Incasso and as soon as you defend they switch to Cobbetts... Horrible lot but aren't they all!!

 

You have made the right choice in fighting back, it is a scarey prospect but we can not let these people just bully us into submission. :)

Link to post
Share on other sites

Yeh Cobbetts are another solicitor firm for the Ratwest, i have read a few threads regarding Natwest where the claim starts through Incasso and as soon as you defend they switch to Cobbetts... Horrible lot but aren't they all!!

 

You have made the right choice in fighting back, it is a scarey prospect but we can not let these people just bully us into submission. :)

 

Lol...they did the same with me!!

Started off with Incasso, then moved to Cobbetts. They were unable to produce any Credit Agreement and they reckon we owe them over £4k made up of charges.

They have discontinued the loan claim and now want to stay the overdraft claim as the £4k is totally made up of bank charges!!!

 

Hang in there, their POC for our case were just as vague, and they tried various offers etc to settle. We refused them all and eventually they gave up with the loan as there is no CCA.

Link to post
Share on other sites

  • 2 weeks later...

Hi Andy, I have received a letter from the Courttoday acknowledging receipt of my defence and they have informed me that the claimant now has 28 days to respond to it otherwise it will be stayed.

 

I haven't sent anything off to Incasso yet though. Shoul I do this now?

 

Regards, Rocker

Link to post
Share on other sites

Thats a standard response from Northampton.Yes send the second part which i posted,you should have already sent it giving them 7 days to comply,send recorded and print name,you may also enclose a second copy of the defence for their ease even though Northampton will have forwarded yours on already.

Have you sent Incasso a CPR request yet? if not I would advocate you get that off also ASAP,again recorded and dont sign name.

 

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 OTHER

 

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

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...