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    • yes, sorry meant witness statement   will post up soon
    • Name of the Claimant ? Abu Dhabi Commercial Bank   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 20 Nov 2019    Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - AOS  XX + 19 = 08 Dec file defence date  - 08 Dec + 14 days = 20 Dec 19      Particulars of Claim The defendant owes £25k (debt under a credit card agreement with ADCB dated xx/08/2014 despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £25k and also claims interest thereonpursuant to section 69 of the country court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £2000.   What is the total value of the claim? £27900   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes - left Dubai   Did you inform the claimant of your change of address? No   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 - Aug 2014   Do you recall how you entered into the agreement...On line /In branch/By post ? Representative of bank visited at my place of work with all documentation.   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Not sure - Can’t see it on Clearscore (Equifax), only have basic Experian app (not Credit Expert).   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. Note sure; don’t think so. Moriarty claim to have “been instructed on behalf of ADCB”   Were you aware the account had been assigned – did you receive a Notice of Assignment? No; only had a letter, then a Final Demand, then the Claim Form and another letter )all from Moriarty)   Did you receive a Default Notice from the original creditor? No   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? I was made redundant so had to leave UAE to return to UK.   Despite me advising  ADCB’s ‘agents’ (DCAs etc) I had no savings, couldn’t find any work nor borrow money to make repayments and was presently in a DMP, I was requested to make a payment as a “good faith” gesture and then they would agree that the sum would not accrue any further interest and subsequently enter into an “affordable agreement”.   Despite my intention to offer any possible solution that I could manage - e.g. merging into my DMP - ADCB were not interested and it reached an impasse.   The payment I did make incurred high charges (SWIFT payment) I requested if I could pay by card or a method that would not incur high charges. I also offered to agree to % of any future income earned as well as a regular affordable sum.   I was advised this would be possible, but all promises made to me proved to be false and so despite me communicating my situation to ADCB all I was offered was to enter into an agreement that I could not afford or ‘final settlement’ that I also could not afford.   In addition to this, I’ve had all sorts of obfuscation, misrepresentation and false promises - esp. relative to Central Bank Listing, police case and suchlike -  that I was only promised would be “cleared up” should I make payment.   So the situation reached impasse - I wasn’t getting any sense or manageable proposals and I certainly couldn’t afford to keep paying the amounts suggested (especially incurring £20+ charges each time).   What was the date of your last payment?Jul 16   Was there a dispute with the original creditor that remains unresolved? ADCB didn’t seem interested in the litany of  questionable methods employed by their representatives - e.g. misrepresentations, fraud, deceit - and my suggestions of possible solutions (DMP or % of future income) were ignored, rather they just kept wanting money I didn’t have to ‘hold off’.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes - see above; I advised them I had lost my job, could not find employment, had no savings but would be agreeable to adding to my DMP OR perhaps agreeing to a payment plan on a % basis of any future income.   QUESTIONS Do I need to get a full Credit Report from Experian or Equifax (other than the apps)?  
    • I have had so much help on here in the past with Halifax and Paragon. After my win in court last october with Paragon they sold the debt to Mars Capital. I haven't had much to do with them yet but i know they are a vulture fund, they buy these loans at a cost. I want rid of it. The original loan was £35 k and paid in multiple payments to people i owed money to and some to me. Ive had high levels of arrears for at least 10 years i think . Are they adding interest to my arrears? does it go on balance - it says i now owe £54 k when i have been paying since 2007. I have high levels of chargers on there which i need to add up and ask to be deducted. If i worked out how much i had paid and offered them £12k or less are they no likely at all to take it or will they still expect £54k.  I want to offer a lump sum to get rid of it this year but there are so many issues with this loan - i SAR them back when paragon had it but i don't want to rock the boat - but if they don't have the credit agreement do courts still view this as unenforceable ??? should mars keep to the same rate that the original lender took loan out for??  I have threads on here going back years - the loan was with Advantage then to ADV2 then paragon now Mars Capital , a company called loan makers sorted out the secured loan - they were not paid by myself the fee was put on the mortgage / loan i think
    • Can I just leave it as saved and not submit or do I need to delete everything?
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Deller

Big Fight With NAT WEST ***WON***

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:o Thought I'd share my story with you all, I feel as though its going extremely well.

 

It all started back in August when I heard this bizzare idea that you could claim back all your bank charges for the last six years. So promptly coming to the CAG site I began to spend many hours reading through many story's and started thinking....hey this actually works.

 

I was able to jump straight to the preliminary letter stage having kept all my bank statements for some strange reason, (now I know why).

So after entering all my details into the spreadsheet this was sent to the bank along with letter claiming £2643 (not including interest).

 

The action had begun!!!

 

I was rather suprised to receive a phone call from my bank several days later acknowledging my letter and to notify me that someone would be writing to me in the next couple of days.

Sure enough a couple of days later the letter arrived, basically telling me they will be looking into the matter.

 

On the 13th day of their deadline I received another letter, this time offering me the sum of £418 as a good will gesture, with no explanation as to how they arrived at this figure. Well you can guess my response......thanks but no thanks.

 

 

So on with the LBA, this was posted quickly and I bagan eagerly awaiting its response.

 

Again they left it right to the deadline limit before they responded but this time stating that they were very sorry that I was unhappy with their offer of £228 (I think they might find that they offered me £418 first time), but having reviewed my file they would now like to offer £1520 in full and final settlement (again now explanation as to how they had arrived at this figure).

This was tempting, but I thought what the hell I've come this far I might as well go all the way so my claim was filed and there was no backing out now (total claim now at £4151.83 including all interest and fees).

 

My claim was acknowledged a couple of days later and I am now waiting for the next step, whatever that might be, 28 days to wait me thinks.

 

Would appreciate any useful advice about what happens at this stage, and how far Nat West claims usually go. Having come this far I really don't want to mess it up now with one silly mistake.

 

I've even brought the 'Small Claims Procedure' book in case it goes that far.......Hopefully it wont as I wouldn't have a clue what to say.

  • Haha 1

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Hi Deller,

Good luck with this, I've just reached the end of my 28 days and requested judgement by default as Cobbetts haven't put a defence in yet. Its most likely they will put a late one in and then we'll go to the AQ, allocation questionnaire stage, its comforting to see the continued successes like Plutos, keep in there

  • Haha 1

NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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So if you request judgement by default does this mean you automatically win the full settlement, or are the swines able to drag it out a bit longer?:confused: :confused:


IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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So if you request judgement by default does this mean you automatically win the full settlement, or are the swines able to drag it out a bit longer?:confused: :confused:

 

You should win the full amount, however they can apply for a set aside.


 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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When I got home there was the letter from Cobbetts, with CPR18 and defence, this will further delay, but its standard practise. They put as many obstacles in your way as possible but it just delays the inevitable...victory


NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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:) The 28 day deadline is fast approaching so fingures crossed, a nice fat cheque in time for Xmas!!!

 

I'll be ploughing through any obstacles they stick in my way!!!


IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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:confused: :confused: Just realised that I didn't include my account number on my claim form....will this be a problem even though Cobbetts have filed an acknowledgement of service.

 

I do hope I hav'nt ballsed it up at this stage!!!


IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Any helpers please regarding my querie in previous thread??

 

Getting ever so worried now that I've made a huge mistake.


IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Deller, I was hoping someone else would answer, cos I'm not sure, you could phone the court, I would think they could sort it out


NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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I've sent a message to jonni2bad, hopefully he can help, he seems to know all about this part of the claim.

 

If I don't get any luck I'll have to contact the court like you say......thanks for that baldrick.


IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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:confused: I have submitted my claim with MCOL and the claim has been acknowledged, but now having read through other forums I think I might have rushed in to it and filled it out wrong.

In the box for particulars I wrote,

 

"I am claiming back all bank charges paid on my account for the past six years as I now understand that the regime of fees which have been applied to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations.

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 18th September 2000 to 1st October 2006 of £...."

 

I was also unable to attach a copy of my schedule although this has been sent to the bank with the first two letters.

 

As I said previously my claim has been acknowledged by Cobbetts and the 28 day deadline is fast approaching (4th Nov I think).

 

WHAT SHOULD I DO?????


IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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You might just be lucky, but we will know once you receive a defence from NatWest.

 

If it draws attention to your particulars then we will have to make an amendment - or withdraw and start again.

 

You should make a further copy of the charges spreadsheet and send it to them asap.

 

I'm afraid it really does highlight the need to be fully aware of the process you are getting into and amking sure you have read and understood the FAQs and the case management threads.

 

BankFodder is very sick


..

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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When you say I should send another copy of the charges spreadsheet, where should I send it and which spreadsheet, The Charges and Interest one, the 8% Interest one, or both??


IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Not really sure why you would have 2... ???

 

Your list of charges - if you used one of the spreadsheets from this site - will have O/D interest, if being claimed, plus the 8% interest automatically added.

 

That's what you need to send - if explains to the bank what you are claiming for and for how much.

 

Send it to the bank at the address you used in your claim.


..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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I used the advanced Excel spreadsheet from the templates and it definately had two different pages, the first page showed the charges and the overdraft interest and the second page calculated the 8%. I was just wondering whether I should send both pages or just the one caculating the 8%?

 

Also should I send some sort of cover letter with it and if so stating what?


IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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I will gladly be donating to this site, everyone is so helpful.

 

Where would we be without all these volunteers helping us all to beat our banks!!!

 

:smile: :smile: :smile:


IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Just been reading through some other forums and noticed that some people are sending a copy of their schedule to Cobbetts, will this help avoid their delaying tactics and would it help my case seeing as though I don't seem to have filled my claims form in right?


IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Hi, I'm at the stage with NatWest where they've offered me a part settlement (again no explanation where this figure came from). I declined this offer and recently received a reply saying there is nothing more they can offer me and this is their final offer.

Do I now send them an LBA?

 

Help, I really want to take them on, but am a bit waqry it will end up costing me!!

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It depends whether or not the 14 days have passed from the date you sent your first letter, if they have then on with your LBA.

  • Haha 1

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Send both parts - if you are claiming something from the bank you need to show them all the information that relates to it.

 

Unless you have been contacted by Cobbetts directly, you are still dealing with the bank. In which case, send it to them, marked clearly as being part of your Court claim number XX12345


..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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I havn't had any direct contact with Cobbetts but on the Acknowledgement of Service it has Cobbetts address in the box which states 'Address to which documents about this claim should be sent (including reference if appropriate)'.

 

Does this not mean I should send it there?

 

Perhaps I should send it to the bank and Cobbetts to be on the safe side!


IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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I've decided I'm going to send a copy of my schedule to Nat West (135 Bishopsgate), Cobbetts (Manchester) and also to MCOL (Northampton), all with covering letter asking them to attach this document to my claim, stating claim reference.

 

This way I feel as though I've covered all angles and hopefully there will be no stalling factors on their front.

 

 

Would this be a suitable thing to do or not????


IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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I did that and still got CPR18 request from Cobbetts


NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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Yes they will send their usual 6 pages of defence and requests for more information.

 

Refere to this link here below.

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html


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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I'm worried my claim might get struck out due to lack of information under the particulars I filed. Just need a bit of HELP in resolving this matter.


IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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