SabreSheep Vs Natwest + Moorcroft / ** Satisfactory Conclusion **

[citizenB]

That is very poor administration isn't it

[SabreSheep]

Yup. The other case is running smoothly. A cynic in me smells a rat lol

 

Just hope Natwest do not mistake these 2 orders as a sign im wobbling. They would be sadly mistaken

[SabreSheep]

Order received today

 

1) Claim allocated to SCT

2a) Case referred to Mediation Service

b) Parties must co-operate and respond to Mediator

c) Mediator to respond to court in writing the outcome and/or progress of the mediation by 4pm 13th October

d) i) Having consiered papers in the case the court beleives case is suitable for mnediation......

d) ii) To accept offer of mediation both parties should contact HMCTS within 7 days of this order

 

3) The parties are encouraged always to try and settle the case by negotiation. They are also encouraged to contact each other with a view to trying to settle the case or narrow the issues. Court must be informed immediatly if the case is settled.

4) Hearing fee refunded in full is the court receives notcie in writing at least 7 days before the hearing date that the case is settled or discontinued.

5) On conclusion of the mediation process the parties shall each file proposed directions.

 

-------------------------------------------

 

So bearing in mind 3) Any suggestions ?

[slick132]

Hi SS,

 

Not sure what you mean about item 3.

 

But item 2. d(ii) says you should contact HMCTS to accept the offer of mediation.

 

[SabreSheep]

Hi SS,

 

Not sure what you mean about item 3.

 

But item 2. d(ii) says you should contact HMCTS to accept the offer of mediation.

 

 

 

I have twice now accepted mediation

 

As for narrowing the issues do you think I should request the banks costs for each breach in order to try and narrow the issues?

[slick132]

Hi SS,

 

I think you should contact the court as required and confirm (again) that you are willing to go through mediation.

 

Let the mediator lead the way the process should proceed.

 

[AndyOrch]

Responding to your PM

 

 

We now have a new sticky in the Legal Forums ...ADR Alternative Dispute Resolution.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?433406-Alternative-Dispute-Resolution-(Mediation)(1-Viewing)-nbsp

 

Regards

 

Andy

[SabreSheep]

Thanks Slick.

 

After I phones the Mediation team I also sent them a email reconfirming my contact details and desire to mediate. Also attached my scanned copy of the N180 that had got lost. So as far as mediation goes ive complied so far.

 

Thanks Andy, will have a look at the thread.

[SabreSheep]

Mediation appointment 3rd Nov.

 

As for my subject access request - despite them saying they were processing it now (it was delayed due to human error) 3 weeks on it still has not arrived.

 

Worth a complaint to the ICO?

 

As for my complaints against NW for 1) Not informing me they referred my account to Moorcroft - They say Triton sent a letter but they can find no trace and it does not matter anyway.

 

No mention on the fact that they denied to Moorcroft that there was legal action in progress BUT have now recalled the account.

 

Is that worth a comaplint to the FCA /FOS and if so any advice on wording?

[citizenB]

Is that, your SAR has been delayed for 3 weeks longer than the 40 statutory calendar days, Sabre ? If so, then yes, a complaint to the Information commissioner is a good idea.

 

 

 

As for my complaints against NW for 1) Not informing me they referred my account to Moorcroft - They say Triton sent a letter but they can find no trace and it does not matter anyway.

 

No mention on the fact that they denied to Moorcroft that there was legal action in progress BUT have now recalled the account.

 

 

As for the above, I am not sure what would be best done about that. So what they are saying is.. that they can confirm that Triton sent a letter advising the account had been assigned but do not have a record of it by way of copy letter (unlikely they would have one) or a record on the communication log ?

 

Why do they consider it to be an irrelevant point ?

 

As for denying to Moorcroft that litigation was in place, that is misleading. Whether or not the FOS would do anything is another matter

[SabreSheep]

Thanks CitB

[SabreSheep]

Complaint lodged with ICO re SAR

 

Compalint Lodged with FCA re Natwest and Moorcroft.

 

Left to do: Complaint re Natwest to FOS for their behavior in denying court action was happening to Moorcroft

 

PLUS side

 

Account has formally been recalled from Moorcroft

[SabreSheep]

Ok doing prep for the mediation on the 3rd. Thought Id start with their defense and work out the issues. According to them;

 

1) I am to prove clauses that the charges were taken under.

2) Which Charges were taken and under which Clause

3) I have to prove why they are disproportionatly High

4) Why are they unfair terms under 1(E) Sch 2

5) They claim that the above is not relivent as they are payment for services and therefore not to be judged by fairness

6) Why I am claiming relief form statute of limitations, they claim not to understand the relivence of 32(1) ©

7) They do not understand the relivence of Sepra Metals case. I have to Plead why this is relivent.

 

Some of the above is easy. I can refer them to the CCA request they complied with which answers Question 1)

2) iS dealt via way of statements, the spreadsheet and the cca response.

4) I believe this is in reference to CURRENT ACCOUNTS and not in fact CREDIT CARDS like this.

3 5 6 ) I just have to understand the cases and argue forthwith.

 

Comments?

[SabreSheep]

ICO is writing to Natwest to forward my complaint re Failed SAR

[SabreSheep]

Ok result of Mediation : Unsuccessful

 

They have refused to accept that the charges are unlawful

 

They say the burden of proof is on me to prove they are unlawful

 

They did offer to wipe my balance to zero as a commercial decision but refused to pay the further £2000 interest in restitution.

 

So How do I make sure the burden of proof is on them to prove their costs vs the charges if they keep refusing to give me those costs? HELP

[slick132]

Hi SS,

 

You must now decide if you want to proceed with the claim.

 

The court bundle will deal with the evidence that you need to produce to show that the penalty charges are unlawful.

 

Were you given Court Directions as to how to proceed should Mediation fail.

 

[SabreSheep]

HI SS

 

I will proceed with the claim.

 

The court directions were for mediation to occur and for us to write to each other to try and narrow the differences and for the mediation team to report back.

 

NW are saying I have to prove the charges are disproportionate. How do I prove that if they will not reveal their costs. They are saying the burden of proof is on me..

The only way to do that would be for them to reveal their costs.

[slick132]

Hi SS,

 

You should hear from the court with further Directions after the failed Mediation. If you've not heard from them within 2 weeks, call to see what happens next.

 

The Basic Court Bundle includes information about the likely costs that a bank may incur in dealing with a customer's failed payment. You'll ask the bank to disclose the breakdown of their costs in dealing with your transgression as part of the litigation.

 

Their failure to do this will hopefully be useful in winning your case.

 

[SabreSheep]

OK as advised by the court on tuesday I sent a letter to the court saying mediation had failed and re submitted my proposed directions noting that the defendent objected to myself and the court soley on the basis that we had both agreed to mediation and should give it a go first and then submit draft directions. This was served on the defendent as well.

 

Today A letter arrived special delivery. Contents of which cannot at this point be divulged. I am liking its contents More in due course IF I can

[dx100uk]

well done

 

 

great result.

 

 

dx

[citizenB]

Excellent news - will amend thread to reflect a satisfactory outcome

[slick132]

Hi SS,

 

Confidentiality Clause so you can say no more ?? I assume the bank has settled in full including charges and compound interest on top, probably.

 

In which case, my hearty congratulations (probably) !!

 

Edited November 26, 2014 by slick132
typo