natwest summons for joined overdraft and loan

[tedney]

Personally I would leave it stayed Ted...longer its left harder it is to resurrect.

 

Regards

 

Andy

Hello Andy, thanks for that, I think I will leave it as is then:wink:

 

Regards

 

tedney

[citizenB]

Tedney, I see you have posted that there has been some action on this. Did you receive a response to any CPR requests that you might have sent out ?

[tedney]

Tedney, I see you have posted that there has been some action on this. Did you receive a response to any CPR requests that you might have sent out ?

Hello citizenB. I have not sent anything on this case since 2008! Like R B on his thread, now received threatogram/letter from solicitor inviting me to withdraw counterclaim The letter to me is citing Judge Andrew Smith descision of 24 April 2008 and OFT v Abbey National plc and others test case judgement of 25th November 2009. I will scan letter and post, if you think that would help.

[citizenB]

These are overdraft charges then, yes ?

 

The OFT did indeed lose the Bank charges reclaim, so I am not quite sure how the counterclaim would stand up. I will ask andyorch to look in on you.

[citizenB]

same advice as the RB thread..the claim is stayed as is the counter claim ...like two grenades ...which party will make the application to lift the stay and lift the clip...bang!!!!!

 

 

 

He could respond and state you withdraw yours and I will mine:razz:

 

I think the final sentence is "tongue in cheek"

[tedney]

I think the final sentence is "tongue in cheek"

 

Maybe TIC, but I think it may have some mileage in my case?

 

 

Original claim was not well particularised,

it was for a loan account and a separate overdraft on a current account, all lumped together in one sum.

 

 

It included PPI charges which, since the claim was issued have been refunded, along with interest.

 

 

Bank ignored my correspondence, then denied receiving any (all sent by recorded:wink:)

I was paying off monthly amounts both before and since the claim, without missing any payments.

 

 

Have letter from NW subsequent to claim, saying that all payments on the accounts should continue to be made!

 

 

Have not received any statements from NW for the current account since February 2009.

 

 

According to CRA reports, NW were (despite my monthly payments) adding around £70.00 odd monthly to this account

until the PPI on the other account was refunded.

 

My OH also had a claim issued against at the same time for the overdraught on the current account.

No LBA was sent before claim issued. This claim being heard together with mine.

 

I had a total of 5 NW accounts (cards and loan and bank) all of which were in arrears and NW only issued claims on 2?

 

I think I may have a case under BCOBS, but this has not been particularised on court documents up to now.

 

Is it possible to mention BCOBS now. Mention of NW Code of Practice has been made in defence/counterclaim.

 

I would welcome your further thoughts andyorch:-)

[AndyOrch]

Let me give it some consideration Tedney...do you have an understanding of BCOBs ?

 

If they have only litigated on 2 of the 5 accounts and those 2 being stayed..you have time to consider the best way forward.

 

Regards

 

Andy

[tedney]

Here are the last two paras of the letter (verbatim) from Ascent:

 

 

"Accordingly, the bank believes the Court will conclude that your Defence and Counterclaim has no reasonable prospect of success.

We therefore invite you to write to the Court advising that you withdraw your Defence and Counterclaim.

 

If you do not agree to strike out your Defence and that Judgment be granted in the Bank's favour.

We reserve the right to request that you meet the Bank's costs of any application on the basis that

your refusal to withdraw your Defence and Counterclaim is unreasonable."

 

No mention of how PPI amount was included in claim, but now paid back.

If claim proceeds how would this be dealt with?

 

Let me give it some consideration Tedney...do you have an understanding of BCOBs ?

 

If they have only litigated on 2 of the 5 accounts and those 2 being stayed..you have time to consider the best way forward.

 

Regards

 

Andy

Just seen your post andyorch:-), after I posted #21.

 

 

OK, My understanding of BCOBS may be limited.

 

 

I was thinking of "treating clients fairly" which NW certainly, in my opnion, have not, by, amongst other things;

ignoring correspondence,

adding sums without providing statements,

pursuing claim which includes PPI repayment,

not pursuing other debt (which was substantially more that the claim which was brought:???: etc.?

[citizenB]

So they haven't provided any statements for nearly 3 years . Have they been sending the "Notice of Sums in arrears" which they are obliged to send since 2008 !

[tedney]

So they haven't provided any statements for nearly 3 years . Have they been sending the "Notice of Sums in arrears" which they are obliged to send since 2008 !

Correct, nothing received on the current account overdraught. Statements for loan account received though, only know current account balances through looking at CRA files

Edited July 4, 2013 by tedney
typos

[AndyOrch]

Just seen your post andyorch:-), after I posted #21. OK, My understanding of BCOBS may be limited. I was thinking of "treating clients fairly" which NW certainly, in my opnion, have not, by, amongst other things; ignoring correspondence, adding sums without providing statements, pursuing claim which includes PPI repayment, not pursuing other debt (which was substantially more that the claim which was brought:???: etc.?

 

 

Yes that's accepted and understood but they are silent at the moment...the problem we have Tedney is if you try to force your CC through using the above reasons then they may just fight back and also litigate on the other 3 accounts.

If the spot is not itchy ...don't scratch it ( I assume all accounts are all isolated now and you have alternative banking facilities?)

[Trurider]

A stayed case can be struck out for 'want of prosecution'. The longer it is stayed, the easier it would be for the defendant to have it struck out.

[tedney]

Yes that's accepted and understood but they are silent at the moment...the problem we have Tedney is if you try to force your CC through using the above reasons then they may just fight back and also litigate on the other 3 accounts.

If the spot is not itchy ...don't scratch it ( I assume all accounts are all isolated now and you have alternative banking facilities?)

Yes no credit cards and separate bank account. As you have said, and on rereading Ascent letter, no action taken at present, last directions from the court were "Any application to restore these proceedings either before or after the result of the test case is known, must be made on 14 days notice to the other party."

Should add that all NW accounts have monthly payments.

[R B 1968]

Hi Tedney,

I'm watching your posts as I'm sure you are mine.

You posted me two paragraphs from your Ascent Letter.......

Here's a copy of mine:

"Accordingly, the Bank believes the County Court will conclude that your Defence has no

reasonable prospect of success. We therefore invite you to write to the Court advising that

you withdraw your Defence.

 

If you do not agree to withdraw the Defence, as instructed we will make an application to

strike out your Defence and that Judgement be granted in the Bank's favour. We reserve the

right to request that you meet the Bank's costs of any application on the basis that your

refusal to withdraw your Defence is unreasonable."

 

Any similarities !!!!!!!

 

Talk soon.

 

R

[tedney]

Morning R B, I wonder how many other people received a similar letter?LOL

Perhaps more later!

Regards

t

[tedney]

Anyone know what "PR NARR CORR" means please:?:

 

This was entered on a bank personal loan statement,

 

under "Details" of an "Interbranch Payment".

 

Previous entries were described as "Unscheduled Credit":???:

 

Thanks t

[dx100uk]

if this is from an SAR

 

they should be including a glossary of all terms.

[tedney]

Thanks, but this was not from a SAR.

 

Was on annual statement of a defaulted loan account, all but three entries were "InterBranch Payment - Unscheduled Credit"

one entry was "Funds Transfer - Uncheduled Credit"

and two entries were "InterBranch Payment - PR NARR CORR"

 

All payments were made in an identical way to the bank.

Curious as to what PR etc. means and why entries changed.

Thanks t

[dx100uk]

who's the bank

 

anyone with an sar should be able to look it up for you

[tedney]

Natwest, thanks

[Peterbard]

Previous narrative correction?

 

A sum added to correct a spuious erroneous entry on a statement.

 

Pure guess may be nonsense

[tedney]

Previous narrative correction?

 

THanks, Interesting possibility, but entries on the statement were against payment amounts which were made and correctly entered on the statement.

[tedney]

Hello

I received a court claim some while back (2008).

 

 

The claim was for a single amount not particularised, and, as far as I know,

was made up of an overdraft on a current account and a loan from the same bank.

The bank issued the claim.

 

The case was and still is stayed.

 

In the meantime, I have been repaid PPI from the bank,

which I am assuming was included as part of their claim,

and have been paying small regular seperate monthly payments to the bank against the loan and current accounts.

 

I have posted on here about this before, and am seeking help, advice and/or clarification on the legal aspects.

 

Since January 2009, I have not received any notice of any "Sums in Arrears" in respect of either the loan account

or the overdraft on the current account.

 

 

I have received annual statements for only the loan account, but not a "Sums in Arrears".

 

Am I correct in thinking that the combined balance, as stated on the claim, would be covered by the CCA 1974

however it would need its own agreement signed by me and the bank,

and as the claim combines two separate accounts,

then the bank would need to provide a signed agreement for all three elements,

each of the two original debts (overdraft and loan) and a third for the combined amount?

 

As I have paid off some of the amount of the claim, with payments direct to the bank,

and the bank has, in effect, reduced the amount owing on the loan, by their reimbursement of PPI charges,

 

 

the original claim amount is now not was is outstanding.

 

Would the original claim still stand up in court,

or would the bank have to apply to alter the claim?

 

Thanks

t

 

I have posted this elswhere on here, but in a section without too many views.

So I am repeating it here, hopeful of some feedback, thanks:

 

I received a court claim some while back (2008).

 

The claim was for a single amount not particularised, and, as far as I know, was made up of an overdraft on a current account

and a loan from the same bank.

The bank issued the claim.

 

The case was and still is stayed.

 

In the meantime, I have been repaid PPI from the bank, which I am assuming was included as part of their claim,

and have been paying small regular seperate monthly payments to the bank against the loan and current accounts.

 

I have posted on here about this before, and am seeking help, advice and/or clarification on the legal aspects.

 

Since January 2009, I have not received any notice of any "Sums in Arrears" in respect of either the loan account or the overdraft on the current account.

I have received annual statements for only the loan account, but not a "Sums in Arrears".

 

Am I correct in thinking that the combined balance, as stated on the claim, would be covered by the CCA 1974

however it would need its own agreement signed by me and the bank, and as the claim combines two separate accounts,

then the bank would need to provide a signed agreement for all three elements,

each of the two original debts (overdraft and loan) and a third for the combined amount?

 

As I have paid off some of the amount of the claim, with payments direct to the bank, and the bank has, in effect,

reduced the amount owing on the loan, by their reimbursement of PPI charges, the original claim amount is now not the outstanding balance.

 

Would the original claim still stand up in court, or would the bank have to apply to alter the claim?

Thanks

t

[caro]

They'd have to alter the claim, and after all this time would be hard pressed to pursue the claim, particularly as you've been making payments.

[tedney]

Thanks for that Caro.

I think I will sit tight, continue paying and wait for any further court action and ignore threatograms from bank and their solicitors. t