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    • Sorry I didn’t think to come and update this.    So the outcome was that he went to court. Apparently the judge told the landlord off for not sending a letter before action but did nothing about it. He didn’t accept all the damages the landlord claimed, and told him off for accusing my friend of deliberately and maliciously damaging anything, and he awarded him small amounts of the damages he claimed for. The landlord had also made an awful lot of things up that never existed and accused my friend of stealing them, and the judge didn’t accept any of those claims.   However, I’m back asking advice now. So he made an offer of payment via the court forms, sometime before Christmas and straight after the hearing. The landlord didn’t reply so the court accepted the payments.  My friend has been paying the £10 a month each month. Then a couple of days ago he had received a letter from court with a hearing date in a couple of weeks, and a very irate letter from the landlord saying that my friend has consistently lied and that nothing he says should be believed, and that he wants the bailiffs to be called on him and that he absolutely refuses the payment plan. The letter is marked as received by the courts in December and this is the first that’s been sent since then. My friend and his wife are now panicked, what does this mean? And can they now get bailiffs sent round? He earns an ok wage, which somehow the landlord has referred to in his letter, but he equally has a lot of expenditure and can’t afford to pay any more. What will happen at this hearing and can they send out the bailiffs just because the landlord wants them to?    I have no clue what to advise him, can you help at all please?
    • Thanks Bank – I took your cynicism / experience on board and responded thus: Thank you for your response Mr Schnur  I set out my position quite clearly in my letter of claim and nothing has changed. Your insurance requirement is unlawful and is contrary to section 57 of the Consumer Rights Act, and also section 72 of the same statute. I would also refer you to the outcomes in PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729).  My deadline for action - 1 May 2024 - still stands.
    • The other thing is that you are making a big mistake imagining that they are at all concerned about wasting court costs et cetera. They are only concerned about being obstructive and discouraging others.  
    • I have dad's last will from 2019 which mentions the trust. I am in the process of going through probate as the only thing that needs probate is a couple of shares he has (under £3000).  Speaking to my brother and my dad's wife they wouldn't mind going with another solicitor if we need to pay extra for the trust.   
    • That's fine. My taste is for something rather more brusque and that he won't forget – but it's your letter
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Bankruptcy and Nat West


Fat Lad
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Evening everyone and thanks for providing a brilliant and informative site.

 

Basically, due to administrative error on my behalf last year I was made bankrupt in my absence by the local county court which has obviously led to some major complications. Now, I am in a position to pay my debtors off in full ( my solicitor currently holding the required amount, including some very exhorbitant insolvency and trustee legal fee's:mad: ) but this hasnt taken place yet and one of the debtors is Nat West who I owe approx £6.5k. On finding this forum after reading a thread of a successful bank charge rebate saga on a local forum to where I live I've decided to try and get back bank charges incurred by myself with Nat West and have calculated up to now approx £870 of costs in a two year period from the limited statements I have available, I've just written up my DPA and intend taking it to the branch tomorrow however I was wondering if any other ' bankruptee's ' on here had had dealings whilst been in a similar situation and what were thier banks reactions.

 

I am currently disharged from the bankruptcy and am looking to have it annuled once the debtors have been repaid.

 

Thanks in advance for any info posted.:)

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I think the two issues are quite separate. If you pay off the debt then there is no reason why you couldn't recover the charges. I don't think it would worth trying to reduce the amount you are paying Nat West as this could stall the whol annulment process which I imagine is pretty complicated anyway.

 

Who made you bankrupt?

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Excuse delay in replying.

 

The council. I failed to respond to several letter's regarding non payment of council tax and in my absence on the court date was declared bankrupt. If i'd attended, declared my postion and financial status then it would have been a slap on the wrists from the court, pay the legal feee's and told to get it sorted and not bankruptcy that now look's like its going to cost me approx £10k in fee's . However, my bad, we live and learn dont we. :rolleyes:

 

Which leads to my second question. ( this may be better posted in the Nat West forum as its them I am looking to recover charges from ) however other bank account holders may have the answer.

 

Upon telling NW I had been declared BR they immediately froze my accounts, now, I'm led to believe that you can only claim back 6 years, is this the last working 6 years of the accounts ( they were frozen August 2005 )so therefore am looking to claim back to August 1999 or 6 years from the day you first send in your claim ie this August, thus only enabling me to claim back to August 2000 .

 

Have recently calculated i'm owed £1460 back ( before interest ) and i'm still missing approx three years statements ( if it is only August 2000 I can go back too ), sent DPA/SAR ( without cheque, thought I'd chance it :rolleyes: ) but recieved standard ' we want or tenner first you scrounging b*stard ' leter back.:grin: :grin:

 

Thanks in advance.

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Yes Insolvency fees are a touch exorbetant (more like extortionate) aren't they?

Funny how when your backs' against the wall people will "help" you but charge you a f*@%ing fortune for the privilige!

One thing I have discovered in past 10 years if you've no money, you get shafted over and over. If you've got money, you can just keep making more and more of it.

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Hi FatLad

 

I was bankrupted in my abscence aswell, not because i didnt attend knowingly, but because every paper was served on my old legally wound up ltd business address ! My trustees, god bless em, made £3500-00 into £10500-00, now thats magic. I am seriously going after them once ive got some money back from various institutions we lovingly call banks. My concern was the limitations act, but im going to have to go back past the six years, as the dear old prancing horse started the whole problem back in '97 !

Crispdust, the fees issue is beyond belief, no doubting it

 

good luck with any claims

Regards

 

vselym

 

"Every day, and in every way, i'm getting better and better" - Chief Inspector Dreyfus

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