Jump to content


  • Tweets

  • Posts

    • Hi LFI, With regard to the ANPR cameras in your post #65, while I was on the phone to the Planning Department, they did take a look at Google Streetview and went back to 2012 where they could see the ANPR cameras in place so therefore they would have deemed consent. I had previously read the T&C Planning Regulations and had read the section on deemed consent so I understood the point they made on the phone. It doesn't matter though, that doesn't harm my case any, and I shouldn't really mention this now, (this is what you reminded me of on another thread) but in the past I was a member of a scheme that gave me access to legal advice, I have spoken to a barrister previously through this scheme on another matter and I think I am still a member. I am going to check if I am still a member of the scheme, and if I am I will discuss my case with a barrister or solicitor, whichever the scheme deems appropriate. I will let you know the outcome. I am also going to take Bankfodders advice in the sticky and go to the local court and ask if I can sit in on a case in the Judges office.
    • deed?  you mean consent order you and her signed? concluding the case as long as you nor she break it's conditions signed upto? dx Yes sorry. they called it a deed at first in court.  Then Judge said she was happy to have it sealed as something else  exact names of orders in message above.     The disease was tested for when his cardiac testing was done immediately after purchase and part of the now sealed case.   However, results were disclosed incorrectly and I only found out  two days ago.   This disease did not form part of my knowledge during the case as I had been informed of a normal result that was not the case.   it is perfect clarity of a genetic disease where as the previous cardiac issue could be congenital until the pup is genetically tested. 
    • Hi, Halifax recently sold a credit card account of mine to Cabot. I am unemployed and have no assets and was thinking of making token £1 payments for 12-18 months in order to drag things out a bit and reduce the chance of Cabot being able to get the correct CCA documents from Halifax if I requested them in future. However, I saw on the pages on this forum about defending county court claims that one of the standard approaches when defending such claims is to say “I had an account with bank X, but I don’t remember the details and so don’t know if I owe this debt…”. If I made £1 payments to Cabot, would it prevent me from using such a defence in future? OC: Halifax DC: Cabot/Wescot Card account opened: 2016 Defaulted: 2023
    • Paperwork says sealed consent order and composite settlement agreement      YES  ADDISONS DISEASE 
    • Hi, This may be the wrong place for a thread BUT If you receive a defence, can you send a CPR 31.14 request for document mentioned in the defence, and then apply to proceed with the case only after (14) days passed or they respond OR is it only if you receive a claim I see @dx100uk thread is for when you receive a claim, but can you also do the same when you receive a defence?
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • 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
        • Like

Shelty vs NatWest home loans*settled*


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6268 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

SAR sent today for NW home mortgage ERC dating back to July 1999.

M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

 

Outstanding

Halifax initial 11/10 acknowledged 19/10 LBA 25/10

LTSB initial 12/10 LBA 26/10

Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12

Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12

NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1

NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!

HSBC c/a AQ returned 17/2

HSBC bus' a/c MCOL 17/2

Link to post
Share on other sites

Thanks Zoot, just been reading up on yours & Dayglo's efforts ! I read in one of the intro's that you can go back up to 12 years on mortgages, whereas all of the other claims I've got in (banks/cc's etc) are only 6 years....can you confirm is that the case, because if not then the 1999 NW claim might get thrown out?

M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

 

Outstanding

Halifax initial 11/10 acknowledged 19/10 LBA 25/10

LTSB initial 12/10 LBA 26/10

Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12

Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12

NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1

NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!

HSBC c/a AQ returned 17/2

HSBC bus' a/c MCOL 17/2

Link to post
Share on other sites

You can go back 12 years on principle sums secured by way of a mortgage. However, an ERC is not a sum of money secured by the mortgage as you pay it out of your own funds at the end of the mortgage.

 

Its possible the claim could be thrown out although there is a good argument to be made under s.32 (1)(b) relating to the deliberate concealment of the facts giving rise to the cause of action. Although for this you have to establish that Natwest was under a duty to disclose its losses and how it calculated its genuine pre-estimate. This could be difficult particularly given the fact that they hide behind commercial confidentiality.

 

 

A better option may be to try s.32 (1) © on the grounds that you paid the ERC in the mistaken belief that it was lawfully due. You now realise that it was not lawfully due and therefore the time would only run from when you could reasonably have discovered the truth. Ie following the OFT report and the emerging claims on this site.

 

Hope this helps

 

Zoot

Link to post
Share on other sites

  • 2 weeks later...

Cheque cashed but no acknowledgement of request yet

M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

 

Outstanding

Halifax initial 11/10 acknowledged 19/10 LBA 25/10

LTSB initial 12/10 LBA 26/10

Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12

Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12

NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1

NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!

HSBC c/a AQ returned 17/2

HSBC bus' a/c MCOL 17/2

Link to post
Share on other sites

  • 4 weeks later...

day 38 and still no info, so i called them to chase them up. "Ok Sir, are you ok to hold while I look into it for you?"....then they cut me off !!!

 

So called again, now they're going to call me back....wait & see

M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

 

Outstanding

Halifax initial 11/10 acknowledged 19/10 LBA 25/10

LTSB initial 12/10 LBA 26/10

Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12

Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12

NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1

NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!

HSBC c/a AQ returned 17/2

HSBC bus' a/c MCOL 17/2

Link to post
Share on other sites

They called me back ok, saying all detail would be sent to me on Monday....Nothing arrived. Called today, to be told "system down can't check for you."!!! So 40 days is way up & I'm fed up with NW, who do I write to to complain??? That might put a rocket up their behind !:-x

M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

 

Outstanding

Halifax initial 11/10 acknowledged 19/10 LBA 25/10

LTSB initial 12/10 LBA 26/10

Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12

Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12

NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1

NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!

HSBC c/a AQ returned 17/2

HSBC bus' a/c MCOL 17/2

Link to post
Share on other sites

non compliance to DPA letter sent.

M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

 

Outstanding

Halifax initial 11/10 acknowledged 19/10 LBA 25/10

LTSB initial 12/10 LBA 26/10

Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12

Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12

NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1

NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!

HSBC c/a AQ returned 17/2

HSBC bus' a/c MCOL 17/2

Link to post
Share on other sites

still nothing even after I spoke to my NW Personal AC Mngr to complain, he even checked on their system to see if any notes were put on there !

 

I'm going to send an initial request then amend the info at a later date, just so I can get it started. I'll amend the initial letter to reflect the fact that I'm awaiting info

M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

 

Outstanding

Halifax initial 11/10 acknowledged 19/10 LBA 25/10

LTSB initial 12/10 LBA 26/10

Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12

Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12

NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1

NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!

HSBC c/a AQ returned 17/2

HSBC bus' a/c MCOL 17/2

Link to post
Share on other sites

Response to SAR today, and I've compared them with the copy of the letter they sent me when I redeemed the mortgage in July 99, which had the same detail on it, monthly payments, interest etc. However, the info I recived today makes no mention of any ERC's, it's purely a list of payments against the mortgage. So....is this 1)incorrect data 2)a way of claiming that the ERC was a payment which had nothing to do with the mortgage that was being redeemed and as such doesn't have to be on the statementin the worst case or 3)some sort of fraud ?

 

Lucky for me the letter from July 99, clearly states 16/7/99 "Charge raised" and "charge recieved"

M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

 

Outstanding

Halifax initial 11/10 acknowledged 19/10 LBA 25/10

LTSB initial 12/10 LBA 26/10

Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12

Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12

NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1

NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!

HSBC c/a AQ returned 17/2

HSBC bus' a/c MCOL 17/2

Link to post
Share on other sites

  • 2 weeks later...

Had a call from NW asking me where I'd got my figures from (see above), told them the date of the letter in '99, and they said they'd be back to me by next Friday.

M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

 

Outstanding

Halifax initial 11/10 acknowledged 19/10 LBA 25/10

LTSB initial 12/10 LBA 26/10

Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12

Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12

NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1

NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!

HSBC c/a AQ returned 17/2

HSBC bus' a/c MCOL 17/2

Link to post
Share on other sites

  • 2 weeks later...

LBA sent today

M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

 

Outstanding

Halifax initial 11/10 acknowledged 19/10 LBA 25/10

LTSB initial 12/10 LBA 26/10

Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12

Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12

NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1

NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!

HSBC c/a AQ returned 17/2

HSBC bus' a/c MCOL 17/2

Link to post
Share on other sites

2 letters recieved;

1. dated 4th jan from Greenock;

"By way of explanation, there is a cost to the Bank in obtaining these funds for you at a fixed rate and the Bank must continue to pay the fixed rate on the funds secured on your behalf regardless of your withdrawal from the arrangement.The level of charge represents the banks loss in this regard. " you agreed to it blah blah blah...

"The cases you refer to in your letter relate to charges imposed due to a breach of contract. ERC are not charges which are imposed as a result of breach of contract. We therefore consider that these cases are not relevant"

"For these reasons we cannot agree to refund the ERC to you. However, as a GOGW we are prepared to refund the £100 sealing fee"

 

2. dated 9th jan from Birmingham which I assume is responding to the LBA, saying they're looking into the complaint !

 

So, I intend to send a copy of each letter to the other party, & suggest that they check their records. Accept the £100 as part payment but retain the right to go to court etc.

 

Any other suggestions ?

M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

 

Outstanding

Halifax initial 11/10 acknowledged 19/10 LBA 25/10

LTSB initial 12/10 LBA 26/10

Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12

Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12

NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1

NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!

HSBC c/a AQ returned 17/2

HSBC bus' a/c MCOL 17/2

Link to post
Share on other sites

Hi all

 

At the begining of this thread there was some discussion of a possible 12 year limit on Mortgage claims. Have I understood correctly, that unfair charges/penalties can be claimed going back 12 years.

 

Appreciate any info on this as I would have a claim against the Halifax.

 

Thanks

 

Dangermouse

Link to post
Share on other sites

  • 2 weeks later...

Had a response, apparantly the letter from Birmingham was a mistake. Anyway, they are argueing that the ERC wasn't as a result of breach of contract. No mention of time since I redeemed it, which is a suprise, so I've sent the letter from the library in response to their non breach of contract arguement, and just to show that I've been prepared to negotiate, I've given them till the 1st Feb before I issue MCOL, which is an additional 10 days.

M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

 

Outstanding

Halifax initial 11/10 acknowledged 19/10 LBA 25/10

LTSB initial 12/10 LBA 26/10

Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12

Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12

NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1

NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!

HSBC c/a AQ returned 17/2

HSBC bus' a/c MCOL 17/2

Link to post
Share on other sites

Zoot, I would anticipate this claim going to small claims track as it's less then 5k without any interest, & even with the interest it's only just over the 5k threshold. My understanding is that in those circumstances I wouldn't be liable for costs ?

As for the letter, I used one that you posted on Jamorgans link as the arguement against their claims.....I assume that was the right thing to do ?

M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

 

Outstanding

Halifax initial 11/10 acknowledged 19/10 LBA 25/10

LTSB initial 12/10 LBA 26/10

Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12

Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12

NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1

NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!

HSBC c/a AQ returned 17/2

HSBC bus' a/c MCOL 17/2

Link to post
Share on other sites

  • 1 month later...

£150 agreed to settle the claim

M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

 

Outstanding

Halifax initial 11/10 acknowledged 19/10 LBA 25/10

LTSB initial 12/10 LBA 26/10

Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12

Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12

NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1

NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!

HSBC c/a AQ returned 17/2

HSBC bus' a/c MCOL 17/2

Link to post
Share on other sites

claim was for £3.5k. I would have liked to have gone through the process (obviously!!) but in light of all the current advice, I thought I'd take whatever I could. Still....that paid for the dinner with friends last night!!!!:D

M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

 

Outstanding

Halifax initial 11/10 acknowledged 19/10 LBA 25/10

LTSB initial 12/10 LBA 26/10

Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12

Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12

NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1

NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!

HSBC c/a AQ returned 17/2

HSBC bus' a/c MCOL 17/2

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...