muggins73 v NatWest ***WON***

[Allyxia]

Ok they can pass your info to their Inhouse debt recovery without breaching the Data Protection Notice - thats fine. But if they issue you with a default notice in the process and notify the CRA of the default then they are in breach of the Notice.

 

You must be aware that you may have to lodge a complaint with ICO - (I got all the way there after 4 letters before they took any action with me). But thats not a big problem to do anyway.

 

Providing that their CMS dept is inhouse then yes they can do this but if the pass it externally to say, Capquest or any of the other muppets they use, then no that would be a breach of Notice.

 

If Im honest with you muggins - at this stage the banks seem to just do what they want, as they know its going to take ages to get the default removed via an external way (either the court or via a complaint to ICO) so they can just quiet happily slap them on you only to take them off just as easy, at the last minute. It has happened to me through three of my claims.

 

I got turned down for a mortgage as well.

 

I know it sucks and I know they are breaking the guidlines and even acting unlawfull, but at the moment all we can do is trudge along and follow the proceedures - sorry hun - I know how you feel Ive just come through it.

 

On bright side though you are not applying for anything at the moment so you would have been through all of this by the time you need a clean credit record for your mortgage.

[muggins73]

Ok they can pass your info to their Inhouse debt recovery without breaching the Data Protection Notice - thats fine. But if they issue you with a default notice in the process and notify the CRA of the default then they are in breach of the Notice.

 

You must be aware that you may have to lodge a complaint with Information Commissioners Office - (I got all the way there after 4 letters before they took any action with me). But thats not a big problem to do anyway.

 

Providing that their CMS dept is inhouse then yes they can do this but if the pass it externally to say, Capquest or any of the other muppets they use, then no that would be a breach of Notice.

 

If Im honest with you muggins - at this stage the banks seem to just do what they want, as they know its going to take ages to get the default removed via an external way (either the court or via a complaint to Information Commissioners Office) so they can just quiet happily slap them on you only to take them off just as easy, at the last minute. It has happened to me through three of my claims.

 

I got turned down for a mortgage as well.

 

I know it sucks and I know they are breaking the guidlines and even acting unlawfull, but at the moment all we can do is trudge along and follow the proceedures - sorry hun - I know how you feel Ive just come through it.

 

On bright side though you are not applying for anything at the moment so you would have been through all of this by the time you need a clean credit record for your mortgage.

 

Thanks matie, as usual your guidance is second to non. You are a real treasure!!!

I know you've already said that in your opinion you'd send the leter anyway, but just to clarify and in light of what has just been written, shall I just send them the letter now to show them that I clearly know my rights before they think to pass the matter to a third party?

[Allyxia]

Yes that it is what i mean.

 

If I was you, and if I was in your shoes - I would send the letter.

[muggins73]

alrighty then, will do.

[muggins73]

OK, as per your advice, which I've humbley accepted:), I've draughted the letters above for our joint account and my sole account which are both in dispute and are going through as a court claim.

The problem lies with my partners sole account whom we are merely dealing with as a debt case via the CAB and Natwest collections dept and is not part of the court claim itself. I am unable to quote the first letter at them as we 'have not made proposals they are satisfied with for repaying the debt, following their formal demand’

In order to make satisfactory proposals, and this is where things start to get nasty, they are threatening to pass our 'debt problem' over to their CMS dept whereby they may or may not accept the repayment plan. Just by doing so they will default all 3 accounts (the joint and 2 x sole accounts). What would you suggest? Shall I forget the first letter and send them the second on behalf of my partner?

[Allyxia]

Hun Not ignoring your thread I will answer on Sunday when myhead is not so intoxicted!!!!

 

 

Even Ally the helper is allowed a day off!!!

 

Hugggss Muggggs

[muggins73]

With Deller's help (ta, very much:)), I've got myself up-to-date wiith reference to this 'New Strategy for the AQ's'. I did not attach the new draft order for directions to my AQ as this information had not yet been submitted. Should I be worrying at all, or should I just carry on as per the norm:confused:

[natwesttookmymoney]

Hi, Muggins

No need to worry, as such: the absence of the draft order won't prejudice your case at all, so long as you've sent the AQ back.

However, if you've only sent the AQ back since New Year, it may be worth giving the Court a bell and asking if yours has gone to the judge yet - Salisbury is a bit behind, after the holidays and yours might be, too. If it hasn't, then zap a copy of the draft order off and run down to the Court to add it to your papers. I'm sure the staff won't mind!!

 

W

[muggins73]

Hi, Muggins

No need to worry, as such: the absence of the draft order won't prejudice your case at all, so long as you've sent the AQ back.

However, if you've only sent the AQ back since New Year, it may be worth giving the Court a bell and asking if yours has gone to the judge yet - Salisbury is a bit behind, after the holidays and yours might be, too. If it hasn't, then zap a copy of the draft order off and run down to the Court to add it to your papers. I'm sure the staff won't mind!!

 

W

 

Hi Westy, nice to hear from you.....yes, I've missed that big mouth of yours:D

 

Cobblers have just sent me a copy of their AQ so I pressume that mine has indeed reached the judge already:(

In their AQ Section G, they have typed the following...

'The Claimant has not shown that she has reasonable grounds for bringing the Claim despite the Defendant requesting that the Claimant remedy the lack of particularity pleaded in the POC, the cClaimant has failed to do so.

 

Case management directions cannot be proposed until the Claimant fully particularises her Claim. In light of this, the Defendant may amend its Defence or apply to strike out.'

 

Ally advised me this is exactly wot they did to her, but I'd really appreciate yours and anyone else's thoughts. Is there any need to extend my POC now, bearing in mind I haven't even received a court date, yet? Or shall I wait and include the extended POC in my court bundle, if that is at all possible, or let nature take it's course? Having read your signature, shall I do pretty much what you've (Westy) just had to do?

[natwesttookmymoney]

Cobblers sending theirs direct to you doesn't mean the judge has seen it yet. Call the Court pronto.

 

Luv

 

W

[natwesttookmymoney]

Hi, again

 

Muggs - you went MCOL, I believe.

Correct me if I'm wrong, Alyx, but if Cobbetts have asked for 'properly particularised' claim then there will be no charge for sending in expanded POCs, will there?

If that's the case then...do it today!

But I will be guided by those with more experience of the MCOL route.

LotsaLuv

 

W

[muggins73]

Cobblers sending theirs direct to you doesn't mean the judge has seen it yet. Call the Court pronto.

 

Luv

 

W

 

Have just spoken to the court (great minds, an' allthat!), and my AQ has been filed.

 

Didn't go through MCOL, due to financial situation, went direct through the court, what now?

[natwesttookmymoney]

OK - I'm trying to do three things at once (one of which requires me to be elsewhere!) so I didn't read through your whole thread.

 

The AQ has been filed but has the judge seen it yet? Either way:

 

I'm going to e-mail you my full POCs: feel free to amend them to suit your own numbers and circumstances. I believe (but you MUST check) that they answer all of Cobbetts points. When done, forward them to the Court with a covering letter saying that Cobbetts have requested full particularisation of the claim and you request the Court to accept them. Send your spreadsheets too (if you haven't already) and also send the lot to Cobbetts.

 

That should settle their hash!

 

Best

 

Westy

[muggins73]

OK - I'm trying to do three things at once (one of which requires me to be elsewhere!) so I didn't read through your whole thread.

 

The AQ has been filed but has the judge seen it yet? Either way:

 

I'm going to e-mail you my full POCs: feel free to amend them to suit your own numbers and circumstances. I believe (but you MUST check) that they answer all of Cobbetts points. When done, forward them to the Court with a covering letter saying that Cobbetts have requested full particularisation of the claim and you request the Court to accept them. Send your spreadsheets too (if you haven't already) and also send the lot to Cobbetts.

 

That should settle their hash!

 

Best

 

Westy

 

Thanks Westy.

 

Three things at once, is that all? Trying being a mum, three is a bear minimum at the best of times:D

 

Do I not need to fill in another form, I think it's form N244, or somehting along them lines? and pay to change? Or will the court simply accept? Is it worth contacting them again?

[natwesttookmymoney]

I THINK (but by all means check) that, if Cobbetts have asked for amended POCs they've clearly given agreement to you supplying it and, therefore, you shouldn't have to pay. BUT check with the Court direct.

If you do have to pay, it's £35, non-refundable and non-claimable.

 

Best wishes

 

W

[muggins73]

I THINK (but by all means check) that, if Cobbetts have asked for amended POCs they've clearly given agreement to you supplying it and, therefore, you shouldn't have to pay. BUT check with the Court direct.

If you do have to pay, it's £35, non-refundable and non-claimable.

 

Best wishes

 

W

 

As always, you're a real diamond, and your advice has been readily accepted:D

 

Will look through your full POCs (I thank you), amend where necessary and fwd as per your advice. Will check with the court tommorrow morning regarding the charge. Will get back to you and let you know the outcome.

[muggins73]

 

I'm going to e-mail you my full POCs: feel free to amend them to suit your own numbers and circumstances. I believe (but you MUST check) that they answer all of Cobbetts points. When done, forward them to the Court with a covering letter saying that Cobbetts have requested full particularisation of the claim and you request the Court to accept them. Send your spreadsheets too (if you haven't already) and also send the lot to Cobbetts.

 

That should settle their hash!

 

Best

 

Westy

 

I've amended the POC to suit, but have pm you for more details to certain aspects of their defence. Hope you dont mind.

Look forward to your response.

[natwesttookmymoney]

Got your PM, have been snoozing on the sofa and watching Battlestar Galactica and have an interview tomorrow at 9am. I will get back to you asap.

 

"Trying being a mum, three is a bear minimum at the best of times"

 

Oh, tee-hee. Back in the 70s, they used to talk about male chauvinism. Do I spot the mirror image?

I'll have you know I have two daughters, who are now at different universities and have different requirements - usually at the same time - and I have always taken an active role in their care and upbringing (except the bits I'm not anatomically equipped to deal with). Why, I've driven them back from parties and school trips as late as 1 in the morning!!

 

S'there.

 

Westy

[Allyxia]

Westy have you ever thought of taking Nytol love - all your posts are in wee hours !!!!!

 

I didnt do MCOL so cant help you out here sorry Muggs!!! Looks like westy has flown in to the rescue though!!!

 

Westy as for their defence it wa sthe same as mine but a bit less (I had parts regardign being struck out) there is nothing else to be done here other than getting mugs back into the flap she was in two pages ago!!!!

 

Only two kids eh?

 

Amatuer

[natwesttookmymoney]

"Only two kids eh?"

 

That I'm paying for.

 

W

[Allyxia]

hey westy - heard Dellers News?

 

He now got one!!!!

 

He Oh had wee baby boy yesturday!!

 

I let him fill you in all the other details!!

[natwesttookmymoney]

Yes, I heard. He was too excited initially to advise what it was! I had to ask again - and I suggested very strongly that he go off and build up a healthy deposit balance in the sleep bank.

 

So, it's up to you and me, eh?

 

W

[Allyxia]

Looks that way eh!!! bless him!!!! He all over the shop!!

[Allyxia]

Ok *trying to sound restrained now*

 

If you have filled out your POC exactly as they have been written on here, then why do you need to amend them?

 

This is exactly the run around Cobblers want you to do. Because by submitting another or amended POC, you risk making errors or showing them and the court that you really dont know what you are on about!!!

 

By submitting defences such as this, and the ones requesting Part 18 Cobblers are edgeing their bets (quiet rightly in this case) that some people who are claiming and going to run around like headless chickens and by trying to resolve the "imaginary" problems end up shooting themselves in the foot.

 

Incedently - what exactly are you going to put in your amended POC?

 

If you read throught the Settled thread you will find 100's of defences like yours and like mine......why do you think yours is going to be any different?

 

Ally needs lie down in dark room now!!!

[muggins73]

Westy have you ever thought of taking Nytol love - all your posts are in wee hours !!!!!

 

I didnt do MCOL so cant help you out here sorry Muggs!!! Looks like westy has flown in to the rescue though!!!

 

Westy as for their defence it wa sthe same as mine but a bit less (I had parts regardign being struck out) there is nothing else to be done here other than getting mugs back into the flap she was in two pages ago!!!!

 

Only two kids eh?

 

Amatuer

 

Didn't do MCOL either!!!!!

 

Advised westy prior that cobblers defence was roughty the same as yours was, just wanted another opinion on the matter, that's all:| I promise I'm not flapping, just curious as cobblers just happened to mention that I hadn't particularised my POC again in their AQ.

 

Love the 'amatuer' remark:D