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MAGDA

Help, Nawest taking us to court!

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

 

Magda

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435px-Overdraft_-_Punch_cartoon_-_Project_Gutenberg_eText_16113.png

 

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

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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. :rolleyes: Magda

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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

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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:D

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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

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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

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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

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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

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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:)

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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

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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

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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

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

If not why not?

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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 by MAGDA

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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

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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

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Just had a quick refresh of your thread, they say you applied for Premier account but have no documentation.

So you should be counterclaiming for this all the way back to 2002.

You do not recall signing anything to request this and as such have helped themselves to 17 quid or so per month.

They will argue that it was shown on statements, but there is no onus on you checking this.

So claim it back

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Thanks bazaar, that's something else to look into that might give me a bit more ammo. Hoping that they won't come up with too much paperwork, as they said before that their computer system changed around 2002 and they don't have any of the old records now:)

 

regards, Magda

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HMM, so their old computer system didnt have a CD burner then? Or back up Tape facility, oh dear how very unprofessional and illegal of them.

Might be worth asking how they explain that to the authorities regarding money laundering laws, thats a real hot potato of a statement.

Keep that letter as evidence, in any defence you now provide for court, you should specifically request an answer on this, make sure you have a look at what they are supposed to be doing regarding documentation. They are on a very sticky wicket.

 

OK I have a thread for the reclaiming of Fees for Additions ( Barclays) but its pretty much the same thing as they have charged you. Feel free to use the letters. Put a claim in now.

Then it'll be part of a counterclaim also I think, but someone correct me if not.

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Hi bazaar, thanks for the advice, it's much appreciated. Will have a look at your thread. I received a notice from the court today re: specific disclosure that I have asked for on my AQ. Have to attend a CMC/Allocation hearing in the New Year, so guess I will get a chance to ask for all the documents I need to see that Nwest hasn't provided so far.

 

What do you mean by fees for additions, is that the same as unlawful charges? I did check the unlawful charges (and interest on top of them) and that only comes to around £3-400 I think. They had slapped on over £7,000 worth of interest bringing the alleged debt to over £25k, but I luckily had received a letter from Nwest stating that they wouldn't charge any further interest (mistake I think) and they were forced to credit it all back. Going to go through the statements with a fine toothed comb and see if I can find any more though.

 

Many thanks. regards, Magda

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Just wondering if anyone can offer any advice regarding my defence. I am hoping to also defend on the basis that Nwest caused me to exceed my authorised o/d limit when they paid two charge card debts which were due for payment. Although they apparently have the right to do this if it is stated in the t&c for the agreement, the point I hope to argue on is that firstly, I don't believe we ever signed any agreement for the charge card (although I believe it is at least partly regulated by the CCA, if not completely) - they just issued the card. So we were not aware of the conditions of use, etc, or charges for cash withdrawals, that kind of thing. Secondly, if they did issue an agreement at that time which we signed and they can provide this, was it in the prescribed form (re: the regulated part of it) and thirdly, to prove the amounts that were added on to the o/d we have requested full copy statements, but nothing provided as yet.

 

If any of the above turn out to be the case, i.e., no agreement/unenforceable agreement, can we then dispute the fact that this debt was added onto the overdraft at all in the first place.

 

Many thanks for any opinons. Magda

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Hi, we have a hearing scheduled for New Year - CMC/Allocation hearing. We need (according to court) to submit an N244 to get the date changed as we will not be able to attend on the date given. Before submitting any application I contacted Shakespeare P to ask if theywould agree to the hearing being adjourned to another date (think if both sides agree it isn't necessary to pay a fee) and was told it was unlikely their client (Nwest) would agree and neither would the court (not true!) but they would speak to their client and get back to us. They haven't bothered since to provide a response at all, which is really helpful of them not to mention extremely rude. Still, what else would you expect. Well, if they later need to adjourn I can only say now that we will be equally as obliging. The other thing is Shakespeare also seem to think they will get our defence struck out at the hearing as they consider our defence without merit!

 

Magda

Edited by MAGDA

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Hi Magda, Just seeking help with my Natwest Overdraft debt. I have been with Natwest for over 30 yrs and held a gold account ( changed by them to Advantage premier about 6 yrs ago) Anyway this account when I joined the bank Gave a £10,000 O/D. In recent years I have Fallen on hard times and more recently struggled to make the payments. I have been out of work for 9mths and the O/D was risen to £14,140. The bank have Frozen/closed.

 

I have received a letter today from Triton credit services demanding I pay the amount in full within 72 yrs or contact there debt recovery office.

Failure to do so will result in this matter being passed to our solicitors who may commence one of the following--

 

Chargeing order/inhibition against your assets for the sum outstanding. This may result in our client being granted possession of your property.

 

OR

 

Attachment of earnings/wage arrestment.

 

I have lost my job, house and gone through a divorce. I have always paid my way but fallen on hard times. I did tell the bank this and yet I now get this.

 

I wish you well, any help would be appreciated

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Hi Fallen, really sorry to hear about your current problems. I know it isn't easy, but try not to worry too much (easier said than done, I know). Natwest are very difficult to deal with at first, but you could write to them and explain that the maximum you can afford is £xxxx per month - even if it is just £1, with a view to increasing your offer as and when you can. They can either take this or leave it, entirely up to them, but hopefully they will accept, in the short term anyway. Make sure they agree to freeze the interest, if they don't, which is often the case with Nwest, the debt will of course increase dramatically and your payments are a waste of time. Point this out to them in your letter.

 

When you say they want you to settle the 'debt' with 72 years, I take it that is 72 days? That is obviously not going to happen. Where the charging order threat is concerned, that is a standard ploy to intimidate you and basically frighten you half to death into paying what you cannot afford and thus getting in even deeper. You say you have lost your house, so that threat doesn't carry any weight anyway with you, so just ignore that.

 

I was in exactly the same situation as you, although Nwest has yet to prove the debt they are claiming for, it seemed like our world had fallen in, but it will get better (even though we are now being taken to court:rolleyes:) In order to get an attachment of earnings, they would have to take you to court and be successful in obtaining a judgement against you, which is not guaranteed. Again, as you don't have a job at present that is an idle threat again.

 

You are actually in a good position in a funny sort of way because you don't have a property, no job and therefore, you will be of no interest to Nwest when it comes to taking you to court. They are assuming that your situation is unchanged (even though you have probably told them otherwise) and you still have assets that they can try to threaten you with.

 

Was the letter you received today, informing you that you need to pay the balance within 72 xxxx a Default Notice of some kind, or just a standard letter? How long exactly is it since you exceeded your authorised overdraft limit? One other question, when you first experienced problems, i.e., went over your o/d limit and couldn't make payments, how soon before they wrote and told you what you owed and the interest rate being charged, etc? In our case, we didn't receive anything in writing - no letter or DN, and Nwest have been unable to prove otherwise. You should also have been informed in writing at the outset, when the overdraft was first granted, of the details relating to it, including how to terminate the agreement. If not, the bank did not comply with the Determination required for overdrafts.

 

For now, I would contact the dept who sent the most recent letter and do as indicated above, make an offer for repayment, whilst not directly admitting the debt! Also mark your letter "without prejudice" (don't be bullied into offering more) and make sure interest is frozen, if it isn't don't waste your time with payments - there really isn't any point.

 

If you don't have a property, I don't think Nwest will be that keen to take you to court anyway, so hopefully you will manage to arrange something with them. Just remember, as someone stated on another thread recently, debtors prisons are a thing of the past! You've done nothing wrong, this happens to a lot of us, myself included.

 

Have you now sorted out a bank account with another bank so Natwest can't take your money? One other thing, how much of the O/D is made up of charges?

 

I will help as much as I can, just shout.

 

best regards, Magda

Edited by MAGDA

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