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    • Hi All,   I was going to post an update after a month had passed since I sent my SN but didn't get around to it, after about two weeks I received a letter from Highview letting me know the opportunity to appeal had been missed, Shame, lol! .... Anyway, on Sat 13th (the 13th! Aaarggghh! 🤣) I received a Claim Form from DCB(L) .... seems they wish to pursue the matter through the courts! These people really are tiresome ....   Details to follow ....   (EDIT: just noticed this is the 13th post as well! .... not that I'm superstitious, lol! 😂)
    • I think I might have had a CCJ but it was way longer than 7 years ago and I have been able to apply and get loans, credit cards etc. I have been pretty fine with my finances until now, until this mess I managed to get myself into this year   There is nothing showing on the TransUnion credit report about an old CCJ. Is there another place I can look to see if there was one and if so how long ago?  I have signed up to TransUnion and on there it says (in Search History):   ORGANISATION PURPOSE DATE Transunion Consumer Id Check (Ml)   Identity Check for Credit 15 Apr 2024   Nationwide Building Society (Sr,Tac,Ct,Cval,R) Nationwide Building Society Bav (Cval Ml) Anti-Money Laundering 11 Apr 2024   Monzo Bank (Cosmos, Cr, Sa, Ar, Ct Batch) Monzo Bank Limited 2 (Cosmos Ar) AF 10 Apr 2024   Monzo Bank (Cosmos, Cr, Sa, Ar, Ct Batch) Monzo Bank Limited 2 (Cosmos Cr Bsb) Quotation Search 10 April 2024 I think AF means a financial association with someone or something, but I have just read that that could be something as simple as sharing an address with someone (which I do).    Public Information Details of any Bankruptcies, Insolvencies or Court Judgments that are in your name in relation to settlements of money. Bankruptcies and Insolvencies You do not have any Bankruptcies or Insolvencies on your credit report. Judgments You do not have any Judgments on your credit report. There are no Cifas markers registered against you. You do not have any Notices of Correction on your credit report. Does any of this make sense? I don't mean the information I have provided above, I mean why I am being rejected by every bank I have applied for, except Monzo (so far) Every loan I have ever taken out has been paid and settled on time, I have never missed payments on things. The only things I have outstanding at the moment are the ones I listed at the start of this thread when I completed the budget planner.    I have just checked Experian too and there is nothing on there about CCJs or any other suspicious or adverse info that would impact me like this, other than my present situation of course.   Bankruptcy, CCJ or IVA This includes court judgments (CCJs), debt relief orders, bankruptcies, individual voluntary arrangements (IVAs) and other public records recorded against you. You have no public records. GAIN (Gone Away Information Network) Lenders use GAIN to tell each other about customers with unpaid debts. If in the past you’ve left unpaid debts when living at a previous address, you may appear on GAIN and so lenders may be less likely to give you credit. You have no GAIN records.   Should I go to see the CAB or something? I just don't think I have the strength or brain capacity to deal with all of this. The mess I have gotten myself into is bad enough and now this on top. My head hurts. What should I do?  It's all very horrible, I feel genuinely scared and stressed because of all this. I don't understand what is going on    I have raised a dispute with Santander to see if they have done something. I have just explained my situation, what is happening and that it all seems to have started when I told Santander I was struggling, had approached StepChange and transferred my direct debits etc to Starling. It was all going well with Starling, I actually really liked it, but now everything has just gone to !!!!!! and I feel sick to my stomach  
    • have you got any more historic defaults or CCJs (Say, in the last 7 years) that you think would still be showing on your credit record? Something's not adding up here.
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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Smel V Natwest...**WON**


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Evening all, well I've read through a lot of Natwest threads and they seem to be a bit tougher than HSBC. I am actually acting on behalf of my boyfriend and his ex-Natwest account but there will be a big refund difference depending on the answer to these three questions:

 

1 - There are a many 'Paid Referral Fee' for £25, I realise these are for going over the overdraft limit by boyf's own fault but can these still be included?

 

2 - There are also a couple of random charges which simply gives the date and account number :-? as a description and are all for £20 - what are these for, has anyone else included them?

 

3 - One charge is also for the Default Notice against the account for £30 - can he include this? I'm assuming he can attempt to have the Default Notice taken off along with refund of charges by claiming that the charges led to the Default?

 

Any help for these questions are much appreciated :oops:

 

x Smel x

HSBC *WON* Total £3500

Capital One *WON* Total £385 plus removal of default

Next Disputing Default Notice - CRA's were very unhelpful, am going to make a complaint to OFT/FSA and considering court action following this.

For the Husband:

NatWest Current Account *WON* Total £3500 plus removal of default

Yes Car Credit PPI Posting SAR and first letter this week...

Next up...

HFC Loan - PPI

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Thanks natweststaffmember, I'll have to get the highligher pen out again! :)

HSBC *WON* Total £3500

Capital One *WON* Total £385 plus removal of default

Next Disputing Default Notice - CRA's were very unhelpful, am going to make a complaint to OFT/FSA and considering court action following this.

For the Husband:

NatWest Current Account *WON* Total £3500 plus removal of default

Yes Car Credit PPI Posting SAR and first letter this week...

Next up...

HFC Loan - PPI

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Hi all,

 

I've totalled up a mountain of £3328 :eek: charges on boyf's account and seeing as the majority of this was whilst in an overdraft I will work out the interest on top.

 

In the meantime I have read through many success stories but am eager to know whether anyone has successfully claimed their refund AND had a default notice removed from the said account :confused:

 

Cheers,

 

Smel

HSBC *WON* Total £3500

Capital One *WON* Total £385 plus removal of default

Next Disputing Default Notice - CRA's were very unhelpful, am going to make a complaint to OFT/FSA and considering court action following this.

For the Husband:

NatWest Current Account *WON* Total £3500 plus removal of default

Yes Car Credit PPI Posting SAR and first letter this week...

Next up...

HFC Loan - PPI

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Okay I didn't realise I could add the Unarranged Borrowing Fees so having counted for the third time the total is now up to £3538 :o - I haven't included OD interest though as it was too much of a headache for me :-| !

 

I've also included in the prelim letter the section about the default notice - boyf doesn't recall receiveing a default notice from Natwest, it was charged to the account in Aug '04 but put on his credit file in Dec '04, hopefully this won't be too much of a challenge to get off :p

 

Will keep posting here as I go along as Natwest and the default seem to be trickier than HSBC was!

HSBC *WON* Total £3500

Capital One *WON* Total £385 plus removal of default

Next Disputing Default Notice - CRA's were very unhelpful, am going to make a complaint to OFT/FSA and considering court action following this.

For the Husband:

NatWest Current Account *WON* Total £3500 plus removal of default

Yes Car Credit PPI Posting SAR and first letter this week...

Next up...

HFC Loan - PPI

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  • 1 month later...

Okay, after one or two business trips I have finally gotten back in front of my computer and have printed off the prelim letter.

 

To be honest I was a little scared of challenging Natwest as they seem to play more games than other banks and this claim is not only a huge amount but trying to get rid of a default notice too...all while boyf is still actually paying this debt off.:(

 

Anyway, I read in Which? a while ago that Natwest were highlighted by the OFT as one of the main contenders of delaying claims and using scheming tactics to put customers off getting their money back so I thought, well bring it on Natwest...!:!:

 

Prelim has been printed and signed and will be in the post tomorrow morning.

 

Oh PS, I'd like to hear from anyone else who have successfully had their default notice removed with Natwest using this process??:confused:

HSBC *WON* Total £3500

Capital One *WON* Total £385 plus removal of default

Next Disputing Default Notice - CRA's were very unhelpful, am going to make a complaint to OFT/FSA and considering court action following this.

For the Husband:

NatWest Current Account *WON* Total £3500 plus removal of default

Yes Car Credit PPI Posting SAR and first letter this week...

Next up...

HFC Loan - PPI

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  • 2 weeks later...

hmmm Natwest have until Monday to get a response to me from my prelim. I haven't come across complete ignorance before...

 

Do I re-send the prelim recorded delivery (I sent it snailmail firstly)?

Or, do I continue with the LBA but send this recorded delivery?

 

EEK.

HSBC *WON* Total £3500

Capital One *WON* Total £385 plus removal of default

Next Disputing Default Notice - CRA's were very unhelpful, am going to make a complaint to OFT/FSA and considering court action following this.

For the Husband:

NatWest Current Account *WON* Total £3500 plus removal of default

Yes Car Credit PPI Posting SAR and first letter this week...

Next up...

HFC Loan - PPI

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Hi smel

 

You MUST send everything recorded. Natwest will have received your prelim but upon seeing that it was sent snail mail.....it will have gone straight to the file marked B.:grin:

 

Start again, send prelim RECORDED!

After 14 days go to LBA, unless they respond sooner.

 

As you said in your first post...they are tricky and you just let them win round 1! :wink:

good luck

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...they are tricky and you just let them win round 1! :wink:

good luck

 

But don't let that worry you - It will go the distance and you'll win with a knockout in the last round:)

Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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I didn't get a response to either my prelim or my LBA (sent to Branch in Bath). I sent them both recorded delivery which meant I was able to attach these along with proof of delivery to my claim.

 

Having issued my claim on 3rd November I got a letter yesterday saying they're really sorry they didn't respond to my letters. :rolleyes:

 

I agree it's probably best to resend recorded delivery.

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Thanks all,

 

Well, I was about to start again when boyf received a letter today saying our letter had been "referred to the Bank's Customer Relations Unit who will investigate and respond in the next 10 working days."

 

In other words "We are fobbing you off and not listening to your deadline".

Well at least now we have proof they received the letter.

 

I will send the LBA; all comms to now go recorded delivery and straight to the Credit Management Services address at the top of the letter!

 

:? Another question though...this debt is still being paid off (by regular payments) if boyf wins AND gets the default removed, can they place the default straight back on?

 

Smel

HSBC *WON* Total £3500

Capital One *WON* Total £385 plus removal of default

Next Disputing Default Notice - CRA's were very unhelpful, am going to make a complaint to OFT/FSA and considering court action following this.

For the Husband:

NatWest Current Account *WON* Total £3500 plus removal of default

Yes Car Credit PPI Posting SAR and first letter this week...

Next up...

HFC Loan - PPI

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...actually I've found the address in Contact thread for the Customer Relations Unit as mentioned in the letter so I've sent I'll send it there tomorrow :p

HSBC *WON* Total £3500

Capital One *WON* Total £385 plus removal of default

Next Disputing Default Notice - CRA's were very unhelpful, am going to make a complaint to OFT/FSA and considering court action following this.

For the Husband:

NatWest Current Account *WON* Total £3500 plus removal of default

Yes Car Credit PPI Posting SAR and first letter this week...

Next up...

HFC Loan - PPI

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Okay I didn't send the LBA the next day....Natwest came back with another letter trying to mug us off again. It was filled with stuff like "we're not your fiduciary as you suggest"; "OFT are only investigating to credit card charges" etc....

As I was flying out that day for a weekend break I had no choice but to leave it as I didn't want to post by snail mail again so I have missed my own deadline. However, I may have recovered the situation by started the LBA with:

"In response to your letter dated 15th November I have taken time to consider the context. I am disappointed that you fail to acknowledge the full extent of the Office of Fair Trading’s announcements on charges; it was clearly stated by the OFT that credit card and banking charges were higher than is legally fair."

I hope this covers both the late reply by me and a response to the OFT comment (which I took from Citizens Advice website).

I haven't responded to the comment about the fiduciary though as I think it's another one of their tricks to stumble - which is exactly what happened! :mad:

Have I jeopardised the claim by being late? I will post Recorded Delivery tomorrow. :(

HSBC *WON* Total £3500

Capital One *WON* Total £385 plus removal of default

Next Disputing Default Notice - CRA's were very unhelpful, am going to make a complaint to OFT/FSA and considering court action following this.

For the Husband:

NatWest Current Account *WON* Total £3500 plus removal of default

Yes Car Credit PPI Posting SAR and first letter this week...

Next up...

HFC Loan - PPI

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  • 4 weeks later...

Thanks Cheddar, I am a little late on this one as I've had to wait for payday for the £120 court fee!

 

Oh well, here goes. These are the particulars for the N1 I have written, any comments/ suggestions are welcomed (sorry it's a long one)! :)

 

Brief details of claim

 

SORT: xxxxxx ACCOUNT NUMBER: xxxxxxxx

I, the claimant had a contract with the defendant bank for over 4 years which was conducted on their standard terms and conditions. I, the claimant am claiming the return of money taken by the defendant in the way of charges over the period of xx/xx/xx to xx/xx/xx of the account. The defendant bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law.

In addition to this I, the Claimant claims the removal of the Default Notice served against this account by the defendant bank on the basis that the Default Notice is unlawful as it occurred as a direct result of the disproportionate charges applied to this account and that the total charges make up the majority of the debt owed on this account.

I, the Claimant have repeatedly asked the defendant bank to justify their charges but they have declined to do so.

 

Value

 

I, the claimant have calculated that I am owed a total of £xxxx in unlawful charges by the defendant bank plus the removal of the Default Notice served against this account. Further to this I, the claimant claims interest under section 69 of the County Courts Act1984 at the rate of 8% a year from xx/xx/xx to xx/xx/xx of £xxx.

 

Total Amount

 

xxxx

 

Particulars of Claim (attached)(to follow)

 

SORT: xxxxxx

ACCOUNT NUMBER: xxxxxxxx

 

Claim of the return of charges

 

- The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law: as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

- Schedule of Claim for charges with 8% interest under section 69 of the County Courts Act1984 (attached).

- Copies of communication with the defendant bank asking for return of the charges.

 

Claim of the removal of the Default Notice

 

- The defendant bank refused to supply a copy of the Default Notice served on this account in response to a Data Protection Act 1998 Subject Access Request made by myself (copy of Subject Access Request attached).

- The Default Notice has been applied unlawfully: where I, the claimant consented in my contract with the defendant bank to the disclosure by the bank 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 the bank of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998.

The passing of personal data to third parties relates wholly to the implementation by the defendant bank of charges which have been applied to my account in respect of contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by the bank as a consequence of the said breaches are contrary to The Common Law.

 

I doubt boyf will get the default removed but it's worth a try and the money is substantial enough to let it go (shh, don't want ShatWest hearing that)! :p

HSBC *WON* Total £3500

Capital One *WON* Total £385 plus removal of default

Next Disputing Default Notice - CRA's were very unhelpful, am going to make a complaint to OFT/FSA and considering court action following this.

For the Husband:

NatWest Current Account *WON* Total £3500 plus removal of default

Yes Car Credit PPI Posting SAR and first letter this week...

Next up...

HFC Loan - PPI

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  • 1 month later...

Hi all,

 

It's been a while but basically I was prepared to take Natwest to court but didn't have the fee to do it - I have it now though! So I'm about two months late on my "you have 14 days to reply" in the LBA.

 

Should I:

 

a) send another LBA to give a warning/ chance/ for good measure

b) just put the claim in anyway

 

Send in your answers.....! :)

HSBC *WON* Total £3500

Capital One *WON* Total £385 plus removal of default

Next Disputing Default Notice - CRA's were very unhelpful, am going to make a complaint to OFT/FSA and considering court action following this.

For the Husband:

NatWest Current Account *WON* Total £3500 plus removal of default

Yes Car Credit PPI Posting SAR and first letter this week...

Next up...

HFC Loan - PPI

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Good luck with your claim.

 

You may want to edit out your account details in the letters above, though. :)

 

OB

Please read the Stickies and FAQs. Your question may have been answered already.

 

Old Bear vs. NatWest - won after first letter £600

Mrs Bear vs. Studio - won after first letter £360

Old Bear vs. Abbey - won after first letter - only £50, but it's the principle

Old Bear vs. Black Horse - £117 of charges wiped off 2 loans, but more WILL follow

Mrs Bear vs. Index (Littlewoods) - SAR sent - 2/2/2007

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oh yeah, cheers!!

HSBC *WON* Total £3500

Capital One *WON* Total £385 plus removal of default

Next Disputing Default Notice - CRA's were very unhelpful, am going to make a complaint to OFT/FSA and considering court action following this.

For the Husband:

NatWest Current Account *WON* Total £3500 plus removal of default

Yes Car Credit PPI Posting SAR and first letter this week...

Next up...

HFC Loan - PPI

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Well I popped into the court again last week and handed in the claim - slightly nervous and slighty excited! :-)

 

I'm guessing Natwest will be stubborn on this one as it's a big claim, plus removal of default plus my partner (who's claim this is) still has debt with them! Of course this win could pay that off - double whammy!

 

Right, not to distract myself with dreaming, we'll be playing the waiting game until I suppose the AQ pops its head through the door...

HSBC *WON* Total £3500

Capital One *WON* Total £385 plus removal of default

Next Disputing Default Notice - CRA's were very unhelpful, am going to make a complaint to OFT/FSA and considering court action following this.

For the Husband:

NatWest Current Account *WON* Total £3500 plus removal of default

Yes Car Credit PPI Posting SAR and first letter this week...

Next up...

HFC Loan - PPI

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  • 1 month later...

Okay update...

 

Natwest has filed a defence, there's a lot there but it seems to be a lot of rambling.

 

In turn I will be submitting the Allocation Questionaire tomorrow and sending a copy to Natwest. The AQ has to be in by the 1st so I'm hoping that this will be dealt with quite quickly at the court.

 

I still think though that Natwest are going to take an age on this one and it's quite large and a default attached.

 

Well, watch this space....

 

Smel

HSBC *WON* Total £3500

Capital One *WON* Total £385 plus removal of default

Next Disputing Default Notice - CRA's were very unhelpful, am going to make a complaint to OFT/FSA and considering court action following this.

For the Husband:

NatWest Current Account *WON* Total £3500 plus removal of default

Yes Car Credit PPI Posting SAR and first letter this week...

Next up...

HFC Loan - PPI

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Cheers Fendy, that's given me a little confidence boost! :)

HSBC *WON* Total £3500

Capital One *WON* Total £385 plus removal of default

Next Disputing Default Notice - CRA's were very unhelpful, am going to make a complaint to OFT/FSA and considering court action following this.

For the Husband:

NatWest Current Account *WON* Total £3500 plus removal of default

Yes Car Credit PPI Posting SAR and first letter this week...

Next up...

HFC Loan - PPI

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