Natwest Claimform - current Account

[r&b]

thanks magda

id get a quick reminder out for the CPR18 rqst. give em 7 days to respond.

if the POC allow, may be worth mentioning all the (correct) termination procedure in your defence along with their reticence to provide u with the paperwork. makes it a little more substantial.

[MAGDA]

thanks magda

id get a quick reminder out for the CPR18 rqst. give em 7 days to respond.

if the POC allow, may be worth mentioning all the (correct) termination procedure in your defence along with their reticence to provide u with the paperwork. makes it a little more substantial.

 

 

Hi r&b, yes, just got a cpr reminder off in the post today, although not holding my breath. The overdraft in my case is made up of a large debt (in addition to the o/d we already had) from a charge card, which Nwest added to the o/d. I am going to try to make them prove this debt and that it was actually enforceable (I think even though it is a chargecard it will be at least part regulated) when they added it on to the o/d. I read on another thread where someone had been successful in defending a court case involving an overdraft and they had asked the bank to prove the validity of the loan that made up a considerable part of the o/d, so seems like something worth looking at. I will definitely mention the issues re: termination of the overdraft and the bank's non-compliance, so at least I have got a few things to be going on with until I actually get all of the info I need. I was very interested in your thread, because like us, your overdraft is for a large amount and can't (I believe) be offset by bank charges, which I find is the case on a lot of threads. Will update if I get anything from Shakespeare. Good luck,

 

Magda

[MAGDA]

No response to either of the CPR 18 requests (reminder sent in follow-up) the solicitors have totally ignored it. Therefore, going to do a holding defence for the time being as it has to be in next week.

 

Magda

[MAGDA]

Right, got my holding defence all sorted now and I'm going to ask the court if I can fax it to them tomorrow as I think the deadline is Tuesday, I would think that will be ok. Shame it wasn't done through Northampton as it can all be done online then.

 

Just have to wait and see what Nwest's next response is then.

 

Magda

[MAGDA]

I've been looking on a lot of banks' websites and their t&c's and they definitely say something along the following lines:

 

"A Default Notice Fee will be payable if we need to serve a default notice on you (for example, if you fail to repay your overdraft on demand or we wish to enforce any security we hold). This is in addition to any other charges that may apply"

 

I can only assume that the banks themselves actually know the procedure for terminating the account, taking enforcement action, so it seems strange that they all refer (the ones I have seen) to issue of a DN. It seems therefore that s87/88 are applicable to overdrafts after all.

 

Any further advice/clarificatio on this will be more than welcome:)

 

Magda

[exasperated]

Magda,

How you getting on with this problem?

Exasp

[MAGDA]

Magda,

How you getting on with this problem?

Exasp

 

Hi Exasp, I sent my defence off last week to the court and the claimant. Birmingham court don't seem to be very on the ball for acknowledging they've received anything. Had a letter from Shakespeare Putsman at long last re: my CPR 18 request which was sent over a month ago, and they say it has been forwarded to their client and they won't take any further action until they have their client's response.

 

So that's it for the moment, trying to find out what I can in case it's useful later and been following r&b's thread with interest - glad she is going to appeal.

 

Magda

[r&b]

Hi Exasp, I sent my defence off last week to the court and the claimant. Birmingham court don't seem to be very on the ball for acknowledging they've received anything. Had a letter from Shakespeare Putsman at long last re: my CPR 18 request which was sent over a month ago, and they say it has been forwarded to their client and they won't take any further action until they have their client's response.

 

So that's it for the moment, trying to find out what I can in case it's useful later and been following r&b's thread with interest - glad she (is a very manly HE ) is going to appeal.

 

Magda

 

 

lol

[MAGDA]

Apologies, will call you the Hunk from now on:D

 

Magda

[MAGDA]

 

"I warn you, Sir! The discourtesy of this bank is beyond all limits. One word more and I—I withdraw my overdraft

[MAGDA]

Well, still not received anything from Shakespeare Putsman/Nwest re: cpr 18 request. Now got the AQ to do and send back. Birmingham court has transferred the file to the wrong court so I have to send the AQ and it then has to be sorted out by the DJ, who has to authorise it to be transferred to my local court. These courts are certainly on the ball, I have to say. Magda

[MAGDA]

Received a response finally from Shakespeare P today, just a batch of statements, nothing else. They are trying to get a copy of the DN from their client - shame the DN isn't the correct procedure for an overerdraft then:rolleyes:

 

They now look forward to receiving my repayment proposals.

 

Mmmm.... theywill have a very long wait I think...

 

Magda

[r&b]

Received a response finally from Shakespeare P today, just a batch of statements, nothing else. They are trying to get a copy of the DN from their client - shame the DN isn't the correct procedure for an overerdraft then:rolleyes:

 

They now look forward to receiving my repayment proposals.

 

Mmmm.... theywill have a very long wait I think...

 

Magda

 

 

lol :D

[MAGDA]

Have received Shakespeare P's AQ now. According to them, their final costs will be in the region of £10,000 (they have asked for allocation to Fast track, as have I, as debt is over £18,000 and so could potentially go on Multi Track). How on earth can costs of this amount be justified - it is such a racket really - they just think of a number and treble it. Wonder if they are trying to frighten me into early submission:rolleyes:

 

Magda

[exasperated]

Hi Magda,

Just had simlar really annoying newsa myself on a CO but that another story....

£10,000 costs eh, thats cheap compared to what yours should be!!

On a serious note it is no wonder how these companies can take an individual to court and ask for these amounts of costs when the organisations that are supposed to monitor them are weak and spineless.

£10,000 costs!! the judge should through it out on that statement alone.

I am going to spend all the spare time I have for the foreseeable future wising myself up to to attack these kind of idiotic companies.

i'll keep watching

Good luck magda

Exasp

[MAGDA]

Hi Exasp, I know, it's ridiculous how they can add these amounts - it would mean if we lost that we would owe getting on for £30,000, so just have to make sure we don't lose:D

 

Have you got a thread, will have a look if you have just for a bit of moral support.

 

Many thanks for looking in.

 

Magda

[exasperated]

Hi Magda,

Sorry for ranting before, you need specific advice not my moans to beat these people.

 

Here is the link to the thread I mentioned.

Cheers

Exasp

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/230353-fp-settlement-figure-read.html

[MAGDA]

Hi Magda,

Sorry for ranting before, you need specific advice not my moans to beat these people.

 

Here is the link to the thread I mentioned.

Cheers

Exasp

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/230353-fp-settlement-figure-read.html

 

You weren't ranting, nice of you to bother posting.

 

Many thanks, Magda

 

PS will have a look at the thread:)

[exasperated]

Magda,

Regarding this case have you anything that you need or are unsure about re your defence. I have some spare time and will gladly peruse through some threads and PM relevant persons if you so wish

Exasp

[MAGDA]

Hi Exasp, that's really kind of you (and very appreciated) - at the moment I'm ok, sent a holding defence and still waiting for info from Shakespeare P's solicitors before I can do a proper defence. Perhaps I could take you up on your offer a bit later on if I need to - it's nice to know there is someone to help if I need it. Likewise, if I can help at all with your situation, let me know.

 

Many thanks,

 

Magda

[MAGDA]

Just wondering if anyone can help, re: Shakespeare P's POC. They state at point 4 (see post #1) that:

 

"4. the claimant has served on the defendant notice under the CCA 1974"

 

Are they referring to the so called Default Notice here? If so I can do a cpr 31.14 asking them to provide proof of this, but not sure what they actually mean by "notice" though.

 

 

Many thanks, Magda

[bazaar]

Just thinking out loud here, did they charge you for a default fee?

If not why not?

[MAGDA]

Hi bazaar, yes, on the statements they have provided it shows a fee for a Default Notice, but I don't remember receiving one and they told me some time ago when I did a SAR that they didn't have the DN any longer, so couldn't provide a copy, or anything else, only the statements. I have since learnt from other threads where Andyorch has explained that they shouldn't serve a DN for an overdraft anyway - Notice should be served under s 76(1) 98(1) in order to terminate the account. I am playing along with them at the moment because they claim to have issued a DN, but they don't seem to be able to prove this apart from the reference on the statements, which doesn't prove it was actually sent.

 

Many thanks,

 

Magda

Edited November 24, 2009 by MAGDA

[bazaar]

Yes, its going to be difficult for them to prove it, They will of course try the ole chestnut of introducing hearsay evidence that they 'would' have sent it. But then does it really refer to Overdrafts?? But also theyd have to have proof of postage as well. Their statement clearly says they have served you with the DN, so what manner did they serve? Very hard to prove.

Until you receive your docs via CPR theres not a lot they can do

[MAGDA]

No, think you are right. Bit more nervous about this one that any of the others I've had because it's an O/D and for a much larger amount, but then they still need to have complied with the legislation and as you say, they will need to prove that. Think I will do the cpr 31.14 now and ask them to provide the DN, see what they say to that.

 

thanks, Magda