muggins73 v NatWest ***WON***

[muggins73]

Oh, I nearly forgot, having let off steam on the form of a very polite factual letter to the collections dept do I mention in my letter to Cobbetts that I not only want all the monies refunded but any pending default notices scrapped, or shall i just simply wait and see how it all pans out?

 

Anyone, somebody, pls speak to me?

[Michael Browne]

Send this to Natwest:

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

Re: Account in dispute

 

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account.

 

I note from your latest correspondence that you are proposing to issue me with a Default Notice on this account - I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

 

If you do not stop this default action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

 

Yours sincerely,

[muggins73]

Send this to NatWest:

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

Re: Account in dispute

 

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account.

 

I note from your latest correspondence that you are proposing to issue me with a Default Notice on this account - I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

 

If you do not stop this default action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

 

Yours sincerely,

 

Thank you Michael.

I have sent a letter to Natwest collections dept advising them that the CAB are dealing with this matter on my behalf and advised them that they are unable to take this sort of action against my account whilst it is in dispute (as per dellers thread).

However, if they continue to go down this route I will endeavour to fwd the template you have kindly suggested. That's if my CAB lady doesn't get there first!!!!

[Allyxia]

muggins did ou send the the offical notice to stop processing your info?

 

You could also try this

 

Re: Formal notice to desist from processing or disclosing personal subject data

Statutory Notice pursuant to Sections 10 and 12 of The Data Protection Act 1998 and Section 13.6, Banking Code.

 

Further to your recent letter regarding notification of formal action

 

 

Please note that this account is currently in dispute, and I have previously been engaging in formal correspondence regarding this matter with, Mr Mike Brophy, Head of Customer Relations, Barclays. Furthermore, his reply to my most recent letter dated 5 October 2006, will decide on my next course of action, which if the outcome is not positive will result in Court Action being taken against your bank.

 

In light of this I am hereby, as per the date of the Royal Mail receipt on the envelop of this letter, withdrawing my permission for your organisation to continue to process and disclose any further information regarding me, my husband and the status of my account, to any external organisations.

 

As you are aware, I am afforded principled rights under the Data Protection Act (Data Protection Act), Schedule 1, Part 1 ("The Principles") in relation to the manner in which my data is collated, stored and processed.

 

After scrutiny of all the relevant legislation, including the Consumer Credit Act (As Amended), the various Financial Services Acts and the Data Protection Act, etc., it is clear that there is absolutely no legislation that allows a lender or supplier (e.g. Woolwich) to collate, process or distribute any other information unless there is express written permission from the data subject. Attached to this letter, is formal notification that this permission has now been withdrawn.

 

In addition to the information above as per the Data Protection Act, I draw your attention to the following Statement from Section 13.6, Banking Code

 

We may give information to credit reference agencies

about the personal debts you owe us if:

• you have fallen behind with your payments;

• the amount owed is not in dispute; and

• you have not made proposals we are satisfied with for repaying your debt, following our formal demand.

 

As previously stated in this and my previous letter the amount for which you claiming is in dispute, and to continue to further process data from my account is in direct breach of the standards and codes laid down by the Banking Regulators.

 

In this event, I shall expect a written confirmation from you acknowledging the contents of this letter within 5 working days, as per the requirements of section 15.3 of the Banking Code.

 

Yours sincerely,

 

 

 

 

 

 

 

Statutory Notice pursuant to Sections 10 and 12

 

of The Data Protection Act 1998.

 

Data Subject Notice

Louise James

Woolwich Collection Centre

 

 

Data Subject:

Address:

 

Whereas I have been a customer of Woolwich Bank plc and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998.

 

Therefore, take notice that I require that you cease from processing within twenty one days of the receipt by you of this Notice, or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of alleged defaults or contractual breaches or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which has been caused to date. And that as the processing of the said data in the way referred to in this Notice would violate both the Principles and Data Subject’s rights of The Data Protection Act 1998, to do so would be both unwarranted and unlawful.

 

Signed

 

 

Good luck hun!!!

 

 

[natwesttookmymoney]

That, Alyx, is so cool I'm going to have to give you a pip!

Westy

[natwesttookmymoney]

Unfortunately, it won't let me, just yet.

W

[muggins73]

muggins did ou send the the offical notice to stop processing your info?

 

You could also try this

 

Re: Formal notice to desist from processing or disclosing personal subject data

Statutory Notice pursuant to Sections 10 and 12 of The Data Protection Act 1998 and Section 13.6, Banking Code.

 

Further to your recent letter regarding notification of formal action

 

 

Please note that this account is currently in dispute, and I have previously been engaging in formal correspondence regarding this matter with, Mr Mike Brophy, Head of Customer Relations, Barclays. Furthermore, his reply to my most recent letter dated 5 October 2006, will decide on my next course of action, which if the outcome is not positive will result in Court Action being taken against your bank.

 

In light of this I am hereby, as per the date of the Royal Mail receipt on the envelop of this letter, withdrawing my permission for your organisation to continue to process and disclose any further information regarding me, my husband and the status of my account, to any external organisations.

 

As you are aware, I am afforded principled rights under the Data Protection Act (Data Protection Act), Schedule 1, Part 1 ("The Principles") in relation to the manner in which my data is collated, stored and processed.

 

After scrutiny of all the relevant legislation, including the Consumer Credit Act (As Amended), the various Financial Services Acts and the Data Protection Act, etc., it is clear that there is absolutely no legislation that allows a lender or supplier (e.g. Woolwich) to collate, process or distribute any other information unless there is express written permission from the data subject. Attached to this letter, is formal notification that this permission has now been withdrawn.

 

In addition to the information above as per the Data Protection Act, I draw your attention to the following Statement from Section 13.6, Banking Code

 

We may give information to credit reference agencies

about the personal debts you owe us if:

• you have fallen behind with your payments;

• the amount owed is not in dispute; and

• you have not made proposals we are satisfied with for repaying your debt, following our formal demand.

 

As previously stated in this and my previous letter the amount for which you claiming is in dispute, and to continue to further process data from my account is in direct breach of the standards and codes laid down by the Banking Regulators.

 

In this event, I shall expect a written confirmation from you acknowledging the contents of this letter within 5 working days, as per the requirements of section 15.3 of the Banking Code.

 

Yours sincerely,

 

 

 

 

 

 

 

Statutory Notice pursuant to Sections 10 and 12

 

of The Data Protection Act 1998.

 

Data Subject Notice

Louise James

Woolwich Collection Centre

 

 

Data Subject:

Address:

 

Whereas I have been a customer of Woolwich Bank plc and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998.

 

Therefore, take notice that I require that you cease from processing within twenty one days of the receipt by you of this Notice, or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of alleged defaults or contractual breaches or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which has been caused to date. And that as the processing of the said data in the way referred to in this Notice would violate both the Principles and Data Subject’s rights of The Data Protection Act 1998, to do so would be both unwarranted and unlawful.

 

Signed

 

 

Good luck hun!!!

 

 

 

Well hello there, long time no hear....I thought you'd gone off me:lol:

 

I had a look at the s.10 bits n' bobs on the templates section. Already draughted and ready to go, if they continue down that route...let them just try!!!!

Spoke to my lady at the CAB and she confirmed that in order to default me they'll have to pass the matter on to Cobblers. They'll be a bit red in the face when they find out that I've already taken them to court, wont they?!!!!

 

But thanks for caring, will pip you 'cause your great!!!

[Allyxia]

It no worries hon Im just sorry i dint get chance to help you on this matter when you posted the other day - Ive been out you know xmas shopping and all that!!!!

 

If in future you are posting question and you dont get an answer as quick as you need please feel free to Pm me to get my attention as I tend to pop on and off checking of there are any urgent queries that has been missed!!!

 

Take care - and yes I am about now and agin just the clsoer we get to xmas arghhhhhhhh

[aworsen]

Allyxia

 

Apologies for joining this half way through but I've just been told that this case is being referred to my local county court and i'm feeling like i'm NEVER going to win this money and that i'm on a wild goose chase aswell as having to fork out another £100 court fee

 

Can I ask when you won the case? Did you have to go all the way with it?

[Allyxia]

hiya Aworsen - no probs in helping you but can you please send me the link to your thread by Pm as so not to hijack muggins thread here.

 

Im sure she doesnt mind as she is very nice - but it always better if all question relating to one claim are answered in the same place.

 

Thanks

[muggins73]

It no worries hon Im just sorry i dint get chance to help you on this matter when you posted the other day - Ive been out you know xmas shopping and all that!!!!

 

If in future you are posting question and you dont get an answer as quick as you need please feel free to Pm me to get my attention as I tend to pop on and off checking of there are any urgent queries that has been missed!!!

 

Take care - and yes I am about now and agin just the clsoer we get to xmas arghhhhhhhh

 

I'll keep that in mind for next time, just didn't want to pester you!!!

Good luck shopping, won't upset you and tell you mine is all done:D, just finding the time to wrap it all is hard!!!!

Catch up with you later.

[muggins73]

Can anyone advise me on when Cobbetts have to enter a defence?

My claim was deemed served on 16th November, they acknowledged on 30th November, and then made a goodwill offer on 07th December (which was respectfully declined).

Am I right in thinking that they have 28 days from the date in which my claim was originally served, whihc makes it sometime next week, or is it 28 days from the acknowledgement?

[natwesttookmymoney]

Hi, Muggins

It's 28 days from when it was DEEMED served, which would probably be 18 November - your court papers will tell you.

So that's 16 December - tomorrow, in fact!

 

Tehy will be late but it will be worth calling the Court to find if they have filed a defence probably on Wednesday.

 

Westy

[muggins73]

Hi, Muggins

It's 28 days from when it was DEEMED served, which would probably be 18 November - your court papers will tell you.

So that's 16 December - tomorrow, in fact!

 

Tehy will be late but it will be worth calling the Court to find if they have filed a defence probably on Wednesday.

 

Westy

 

Evening Westy,

It was actually deemed served on the 16th (according to the court) therefore, I'll expect something in the post tommorrow. If nothing, I'll get onto the court first thing on Monday, just to be sure, if nothing I'll hit them with another request for judgement. Hopefully, they'll have forgotten all about little 'ole me, and let me win by default!! Here's hoping:p

Seeing as you've always been so helpful, and fair's fair, I'll pip you (not that you need anymore).

[natwesttookmymoney]

..

[natwesttookmymoney]

Hi, Muggins

 

Need, want, enjoy and desire aren't the same thing......

 

You're welcome, as always, and I must make a note to myself to read posts carefully, rather than racing through at high speed, even if I am enmeshed in the busiest week I've had for months.

 

I hope they have overlooked ou and you can get your default judgement next week!

 

I wonder if they've overlooked li'l ole me, too? As was said about the big feller who tried to escape from prison down a narrow pipeshaft....fat chance!

 

Westy

[muggins73]

Hi, Muggins

 

Need, want, enjoy and desire aren't the same thing......

 

You're welcome, as always, and I must make a note to myself to read posts carefully, rather than racing through at high speed, even if I am enmeshed in the busiest week I've had for months.

 

I hope they have overlooked ou and you can get your default judgement next week!

 

I wonder if they've overlooked li'l ole me, too? As was said about the big feller who tried to escape from prison down a narrow pipeshaft....fat chance!

 

Westy

 

sorry Westy,

Must take time out to read your threads and find out how your claim's progressing (or not, as the case may be!!!).

So bogged down with kids nativity plays and wot not, that I'm being rather self centred. Forgive me.

I promise next time we chat, I'll be more informed and actually ask how you are getting on;-)

[The cobbett slayer]

Hi Muggins

 

Can I advise you not to get too excited about the prospect of a default judgement. In the event of judgement being entered in default, Natwest will almost certainly apply for it to be set aside, quoting "oversight" for the delay in filing their defence. I am aware of only one case where Natwest have settled a default judgement and as judges prefer a case to be heard on its merits rather than by default, there would be little point in defending a set aside application as the judge will almost certainly allow it.

 

By all means apply for Judgement in Default if they fail to file, I just don't want you to have the false belief that it will be the end of it.

 

Paul

[natwesttookmymoney]

Fair point Paul but I think Muggins is aware. if not, apologies for the rushed reply. this has been my busiest week for months.

Having said that, hae you seen the flurry of settlements this last week? Deller's (I think it was), in particular was v interesting - the court struck out most of the bank's defence last Friday, I think it was. he got his cheque

today.

Huzzah!

[The cobbett slayer]

I'm hoping for mine in the next couple of days - the post has been very disappointing this week and it's gone very quiet since the offer:mad:

 

Just thought that with a 22k default judgement 3 months ago and still no settlement it was worth mentioning.

[muggins73]

Hi Muggins

 

Can I advise you not to get too excited about the prospect of a default judgement. In the event of judgement being entered in default, NatWest will almost certainly apply for it to be set aside, quoting "oversight" for the delay in filing their defence. I am aware of only one case where Natwest have settled a default judgement and as judges prefer a case to be heard on its merits rather than by default, there would be little point in defending a set aside application as the judge will almost certainly allow it.

 

By all means apply for Judgement in Default if they fail to file, I just don't want you to have the false belief that it will be the end of it.

 

Paul

 

Thanks Paul for the words of wisdom, which are dually noted, but I am well aware that it is indeed a shot in the dark...one can, however, live in hope. The judge might be feeling in good spirits on this occasion, after all it 'tis the season to be jolly, fa, la, la-la-la, la-la-la-la!!!!:grin:

[Allyxia]

it always make me laugh as I often wonder if the judges would be so kind if it was the other way around and us "Jo Public" used oversight in our defence to get things struck aside.

 

I refer to my case when I went to court to get my CCJ removed - I had to take shed loads of supporting info and present the case to judge (and there was me thinking I just had to sit there).

 

Im sure theres and irony in there somewhere.

[muggins73]

it always make me laugh as I often wonder if the judges would be so kind if it was the other way around and us "Jo Public" used oversight in our defence to get things struck aside.

 

I refer to my case when I went to court to get my CCJ removed - I had to take shed loads of supporting info and present the case to judge (and there was me thinking I just had to sit there).

 

Im sure theres and irony in there somewhere.

 

To right, Ally!!

We are mere small fry, in a sea of big, greedy fish where there is definately one set of rules for them and others for us:-x

Just makes me even more determined, to get the result we ar all looking for on this forum.

 

Anyways, nothing from postie this morning. Will contact the court on the off chance on Monday. Likely is they'll say that 'nothing has been entered on the system, yet', but I'll send in a request for judgement and hope that santa comes early!!! It's got to be worth a try;)

[Allyxia]

hey look at it this way your getting closure by the day hon!!!!

[The cobbett slayer]

I didn't say don't try Muggins but I'll tell you this - I'll be mighty p***ed off with them (not you!) if you get a default and they settle it;)