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    • Just posted up the POC. Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • Here are the Particulars of Claim     Name of the Claimant ? Hoist Finance UK Holdings Limited     30th January 2020 Date of issue 30/01/2020 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/02/2020 + 14 days to submit defence = 02/03/2020 (33 days in total) -   Particulars of Claim   The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given. The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £7939. + £410.00 Court fee + 100.00 legal costs Total amount £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Spoke to them many years ago          
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
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honkstafarian

NatWest : Nat West Business Account Centre

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Hello, long story, but

Nat West business overdraft that's not been paid due to work drying up, the account is in my name only, although my wife is able to sign checks. Like people do for accountants..

Anyway.

I also have a joint personal account with my wife. That account is in red but at the moment but not over any limits set by the Nat West.

My mortgage is also with the Nat West and is in joint names with my wife. No payments missed.

plus a couple of savings accounts for my two children and a currenc accoun in my name in credit but not a lot as that account is never used.

 

Now the Nat West Business Account Centre has sent letters out requiring "urgent action" not only on my business account addressed to me but also on a separate letter to my wife listing all the accounts with her name on, but not the my business account or the children's. And another letter to me again with the personal accounts.

Now my wife got mad and straight on the phone playing F%&*, and the young lady who answered said it was "nothing to do with her, it was my business account"

So I phoned up about it and questioned as to why they were harassing "the wife" about an account not even in her name, and to try to sort things out a bit with the business account. It didn't turn out well, the first bloke, who's name unfortunately I never got told me that action was to be taken on all the accounts and that we better get our socks pulled up and find some cash quick. Apparently they are sending the mortgage, current account and the business account all to collection in 60 days. Well after me telling the chap I did not accept this, a bit of a debate ensued and he put the phone down on me. So I phoned back, this time I spoke to Kevin, who told me again what the first chap had that "all the accounts are going to collection agent" Kevin was a nice chap and said he would get a manager to phone me to discuss things, and to be fair they did phone back, but I never answered. I've gone off telephone calls for the moment.

So I concocted a letter to send, but as I found out after an overdraft is a running-account, so a CCA request wont really help me, will it?

I've mentioned the "Administration of Justice Act", "Office of Fair Trading Guidelines OFT664" and the "Data Protection Act" and removed the CCA request from the letter.

Focusing on harassment of a third party in relation to an account that is held soley by one person. Disclosure of information to a third party about the account status of the account.

Am I weeing into the wind??? any help or guidance would be greatly appreciated,

thank you.

Mark

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would this be a suitable letter to kick things off so to speak, advice gladly receved.

 

Mr Peter Ibbeston(NICE CHAP, HE'S ON YOU-TUBE EXPLAINING THOES WHO KICK OFF THE MOST, GET PAID FIRST)

Nat West

Manchester Business Accounts Centre

P.O. Box 4312

1 Hardman Boulevard

Manchester

M61 0AQ

 

CC.

The Office Of Fair Trading

Trading Standards

Financial Ombudsman

 

Date: _________

 

 

Dear Mr Ibbeston (Peter)

 

I am contacting you with regard to a NAT WEST business bank account held with yourselves at the ____________ branch of the Nat West.

 

ACCOUNT NAME_______

Account Number ________ Sort code ________

 

MR _____ has been unable to avoid the inevitable crash in the market place and has become a victim of the banking industry and their practices, such as fractional reserve lending. This along with the fact the country is managed and maintained in a state of permanent bankruptcy by the Government for the benefit of the privately owned company known as the “BANK OF ENGLAND”, a banking institution ran for profit rather than the overall financial stability of the serf’s of the United Kingdom.

 

It would also appear that only banking institutions are eligible for bailouts. Financed through the borrowing of fiat currency from THE BANK “OF” ENGLAND, with that debt secured in the form of gilts issued by the Government. These factors have definitely helped to create a shortfall in the balance sheet for MR _______ and hundreds, if not thousands of people like him.

 

Due to NAT WEST, the company you represent, it’s mother ship the RBS, the various subsidiaries and other companies in the financial field having brought on, or a more correctly created the current economic situation, I expect and require nothing less than your full help and cooperation with respect to the claimed outstanding balance for the account. This has not been the case thus far.

 

MR _______ first contacted the NAT WEST a long time ago with regard to the account. MR _______ attended a meeting with a NAT WEST business managers at the _______ branch of the NAT WEST. This meeting did not provide any positive help for MR _______. Your representative made it clear that he would not be able to look into any solutions that could be available to MR ______ due to his pending holiday. This unwillingness of your representative to discuss or implement any proposals offered by MR _______ was disconcerting. However your representative informed MR _______ that he would communicate the proposals put forward by MR _______ to his manager and his manager would contact MR _______. No manager ever contacted MR _______.

 

MR _______ was left alone and let down, with the task of dealing with his business finances and attempting to save his livelihood, without the help of the NAT WEST - a major financial institution and business creditor that he had previously trusted, banked with since first starting employment and is a customer with in not only the business banking sector.

NOTE: During the meeting at ______ branch of the NAT WEST, MR _______ requested that if no help was available from the NAT WEST, then could the bank please freeze the interest on the account. This was requested due to other financial commitments that MR _______ has with the NAT WEST, other creditors and both private and public financial responsibilities.

 

Due to the apparent unwillingness of the NAT WEST to assist MR _______ any further in respect to his business, MR _______ has been obliged to seek advice from other sources in regard to debt and business matters. The Government web site (removed to post reply) provides advice on dealing with debt matters but more specifically they list the priority of the debt.

 

Step one - make a list of everything you owe

 

You should sort out exactly what you owe and who you owe it to. The people you owe money to are known as your creditors. If you owe money, you are known as a debtor.

 

Step two - put your debts in order of importance

 

The most important debts are known as ‘priority debts’ and they aren't always the biggest ones. Priority debts are ones where serious action can be taken against you if you don't pay what you owe. For example, you could lose your home, be disconnected from a service or even go to prison.

Priority debts usually include things like:

 

  • mortgage repayments
  • secured loans
  • rent
  • Council Tax
  • utility bills
  • taxes
  • court fines

You need to sort out payments on your priority debts first.

 

Non-priority debts include things like:

 

  • credit card and store card payments
  • bank loans
  • overdrafts
  • home-collected credit - like a Provident loan where the agent collects payments weekly
  • catalogue repayments
  • money you've borrowed from family or friends

MR _______ has prioritised his debt in the order recommended on the Government website.

It should also be noted that: due to MR _______ having other financial obligations attributed to him with the NAT WEST and the fact that this is the leverage tool the NAT WEST are using against MR _______ and third parties, it is apparent that the NAT WEST will be fully aware that MR _______ is prioritising in the order recommended. The NAT WEST are therefore again aware that they would be in receipt of interest payments from MR _______ from other sources, even if the NAT WEST had frozen the interest on the account ____________________________as requested.

 

Recent contact with your company, namely the NAT WEST Business Account Centre shows that NAT WEST service to customers has not improved. Telephone conversations with your representatives subsequent to NAT WEST Business Banking contacting, by letter, a third party to discuss and make threats of financial repercussions, to be levied against the third party for the account of _______________________. In further telephone conversations with your representatives it was confirmed, on two subsequent occasions, that this is standard operating procedure for the NAT WEST. It is therefore apparent that your actual company policy is in breach of the:

 

“Administration of Justice Act 1979”

 

Part V Section 40

 

(1) A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he—

 

(a) harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;

 

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

 

© falsely represents himself to be authorised in some official capacity to claim or enforce payment; or

 

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

(2) A person may be guilty of an offence by virtue of subsection (1)(a) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.

 

“The Office of fair trading document OFT664” guidelines.

 

 

Creditors are warned by the Office of Fair Trading under the Debt Collection Guidance that the following practices are "considered unfair":

“IT IS UNFAIR TO COMMUNICATE, IN WHATEVER FORM, WITH CONSUMERS IN AN UNCLEAR, INACCURATE OR MISLEADING MANNER.”

 

This includes:

 

  • Letters that look like court claims
  • Not making it clear who the company is or what their role is
  • Unhelpful legal language
  • Not giving balance statements about the debt when asked
  • Contacting you at unreasonable times even when asked not to
  • Asking you to contact them on premium rate phone numbers

“ THOSE CONTACTING DEBTORS MUST NOT BE DECEITFUL BY MISREPRESENTING THEIR AUTHORITY AND/OR THE CORRECT LEGAL POSITION.”

 

This includes:

 

  • Claiming to work for the court or be a bailiff
  • Implying action can be taken that is not legally possible such as implying they could take your property
  • Using a business name or logo that implies they are a government body
  • Implying that court action has been taken against you when it hasn’t
  • Implying not paying your debt is a criminal offence
  • Threatening to take court action in England if you live in Scotland or the other way round.

“ PUTTING PRESSURE ON DEBTORS OR THIRD PARTIES IS CONSIDERED TO BE OPPRESSIVE.”

 

This includes:

 

  • Contacting you too frequently
  • Pressurising you to sell property or take out more debt
  • Using more than one collection company at the same time or not telling you when your debt has been passed to another company
  • Pressurising you to pay in full or in large instalments you cannot afford
  • Making threatening gestures or statements
  • Ignoring disputes about whether you owe the money
  • Trying to embarrass you in public or threatening to tell a third party about your debts such as a neighbour or your family.

“ DEALINGS WITH DEBTORS ARE NOT TO BE DECEITFUL AND/OR UNFAIR.”

 

Examples include:

 

  • Sending letters addressed to “the occupier” or discussing the debt with someone without knowing if they are you
  • Refusing to deal with an adviser acting on your behalf
  • Not accepting reasonable offers or passing on payments you make
  • Refusing to freeze action if you dispute the debt

“ CHARGES SHOULD NOT BE LEVIED UNFAIRLY”.

 

Examples include:

 

  • Claiming collection costs when the original credit agreement didn’t allow this to happen and making you think you are legally liable for the costs
  • Not putting the specific amounts that can be added for collection costs in the original credit agreement
  • Adding unreasonable charges.

And disclosure of information to a third party regarding the status of MR _______ business account shows that the NAT WEST have knowingly and recklessly shared information protected under the:

“The Data Protection Act 1998”

Section 55 states that.

 

(1) A person must not knowingly or recklessly, without the consent of the data controller—

(a) obtain or disclose personal data or the information contained in personal data, or

 

(b) procure the disclosure to another person of the information contained in personal data.

 

Also the “Health and Safety at Work etc. Act 1974” stipulates:

 

s. 7 General duties of employees at work.It shall be the duty of every employee while at work—(a)to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work; and(b)as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with.

 

s. 37 Offences by bodies corporate.(1)Where an offence under any of the relevant statutory provisions committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.(2)Where the affairs of a body corporate are manged by its members, the preceding subsection shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

 

A telephone call on the (DATE) was made by a third party and answered by a female NAT WEST representative. She informed the third party that this was nothing to do with them and actually it was in connection with a business account held by MR _______, despite what the letter was implying. This telephone conversation occurred at, 16:45hrs.

 

A further two conversations on the (DATE) between 15:00hrs and 16:45hrs. It was stated by MR _______ “I do not accept that the Nat West can harass or make threats directly or indirectly to a third party for an account not held by that third party”. MR _______ questioned the logic and legality of the NAT WEST acting in such a manner, the reasoning behind this was explained to the first NAT WEST representative on the 10th March. He insisted that this was the case and was unwilling or unable to discuss or justify why the NAT WEST would contact third parties, but he did say, “It was the policy of the Nat West”. He was also unwilling to discuss any remedy for the balancing of the account, putting the telephone down on MR _______. Unfortunately his name was not made available.

 

A second telephone call on the (DATE) was placed to the NAT WEST Business Centre. The call was answered by a Nat West representative who identified his self as Kevin. MR _______ again stated that he did not accept that the NAT WEST and their representatives were acting in a lawful manner. Again questioning as to why the NAT WEST would contact and make threats to and concerning a third party, regarding a business account held solely by MR _______. Kevin’s response was, “that is the way we (the NAT WEST) do things”. He was in no way shape or form instructed or authorised to enter into discussion for remedy, or negotiate solutions for the alleged balance on the account. The two male members of staff that were contacted on the (DATE) both made reference to NAT WEST’S policy of harassment and third party harassment for the benefit of the NAT WEST.

 

MR _______ requested discussions face to face with a NAT WEST representative, these requests were also turned down, as were his requests for discussion with a representative with the authority to negotiate or at least discuss a remedy.

 

Note: It is my wish, and I am requesting that the NAT WEST end all harassment, threats of repercussion, action or claim, financial or otherwise and to uphold the inalienable and unalienable rights of any and all third party(s). I also request a copy of transcripts and/or recordings of all three (3) telephone conversations and details of the NAT WEST representatives. I trust you will supply these within a speedy time frame as dictated by the implications implied by the NAT WEST representatives.

 

I further require a sworn affidavit confirming No harassment of any kind, against any and all third party(s) with regard to the business account of MR ______

 

I look forward to hearing from you.

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So it appears that you have already formulated a response.

Are you asking for further advice or else comments on what you have drafted to send them ?


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Comments on what I have drafted would be my priority so I can send a letter off.

 

Am I going it the right direction with the points I am making to the Bank?

 

Should I remove the first part where I'm ranting about the Banking system?

 

Am I within my rights to ask the Bank for an affidavit regarding third party harassment?

(and have I worded it OK asking for one?)

 

Any other point or suggestions would be greatly appreciated.

 

Other queries I have are: With me having all my eggs in the same basket, so to speak with the Nat West (mortgage, personal and business account, etc) Would I be better off using a different strategy with the bank? (Groveling rather than Demanding)

 

Any and all comments on my draft letter or general pointers gladly received.

 

thank you very much.

Mark.

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Should I remove the first part where I'm ranting about the Banking system?

 

Yes they are true but will not really be of any interest to them.

 

Can I ask what you have as regards supporting docs/correspondence to support your claims ?

Have you been dealing in writing ?


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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As a business you forego much of the protection afforded under consumer laws,however,if you have any loans they will be regulated under CCA so in this area you will have rights and protections as a consumer.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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