NATWEST BANK - CCJ - Bryan Carter & Co.

[payingonlyencouragesthem]

Didn't want a letter in six months starting this all over again.

 

SHERLOCK

 

Thunderpuss2k seemed to be saying something like that happened to him - wonder if he could shed some more light. Otherwise would have thought this unlikely unless a DCA buys the debt off them. Banks obviously operate on much slimmer margins than credit card companies so try to avoid legally writing debts off (even when they know they're noncollectable) to massage their profit figures. One wonders what kind of garbage is really lurking on their balance sheets

[Guest ian cognito]

You need to hang onto the paperwork, put it somewhere safe and leave it there. I had all mine for around 15 years then shredded it a couple of years ago and kicking myself now.

 

I would just sit back and see what they turn up, if anything, I doubt they would have withdrawn if they had the evidence they needed so either they n longer have the original stuff or the debt is made up mostly of charges which they know you will be claiming back. Either way, you have to end up the winner?

[SHERLOCK]

ultimately that would be great, although not my initial reason for this action.

I thank you all for your advice and may it be still forthcoming.

I will have to see what S.A.R - (Subject Access Request) brings I guess.

 

Did PM Thunderpuss as that is whom I got the original response, not heard back yet, has been a while?

 

Keep you all posted as to next step, problem is sometimes you get TOO many scenarios and not sure which to take??

[chip76]

Were Bryan Carter issuing a claim for the full balance of the debt, or only part of it?

 

An odd question I know, but I've seen a number of cases recently where Equidebt / Bryan Carter have been chasing the arrears of a debt only, yet have issued a CCJ for the arrears. Largely Citifinancial debts in the cases I've seen, but I'm wondering if this is a tactic they're trying more widely.

 

By issuing a claim for the arrears alone, they are mis-using the County Court process, and I'm wondering if this was the situation in your case, and they've bottled it when it looked like they'd be challenged over this highly dubious practice?

[storm]

Just to let you know Bryan Carter did claim for about 25% of the balance of my wife's Nat West Card through the County Court, so could be a normal tactic

[SHERLOCK]

That I can only answer when I get the statements, BUT as I am aware this was around the amount they applied for in the previous court claim (of which I did not contest, as I didn't know my rights..THANK YOU CAG!!) and as I said before I/we cannot recollect if the alleged amount was an overdraft or loan or combination of both and the account has been closed since god knows when and the only letters I got were from BC&CO.

 

Nothing would be beyond the creditors as people are now finding out, but they are feeling the heat thats for sure and are having to do everything by the book now that we are questioning their moves.

 

SHERLOCK

[NitrousOxide]

Were Bryan Carter issuing a claim for the full balance of the debt, or only part of it?

 

An odd question I know, but I've seen a number of cases recently where Equidebt / Bryan Carter have been chasing the arrears of a debt only, yet have issued a CCJ for the arrears. Largely Citifinancial debts in the cases I've seen, but I'm wondering if this is a tactic they're trying more widely.

 

By issuing a claim for the arrears alone, they are mis-using the County Court process, and I'm wondering if this was the situation in your case, and they've bottled it when it looked like they'd be challenged over this highly dubious practice?

See my thread HERE

[SHERLOCK]

I'm fairly positive that this is the full amount, maybe they are doing this recently, not sure how long your claims go back.

THEY DID PULL THE CLAIM SO DIDN'T EVEN GET THEIR COSTS.

This is 10 years old!!

 

SHERLOCK

[NitrousOxide]

Hi,

I'm glad you fought back and stood your ground. They seem not to go for harder targets.

[SHERLOCK]

I do have within my DMP a template that requires the creditor to provide details of your indebtidness to themselves.........nature of agreement, is borrowing secured, balance outstanding etc.

 

Was wondering if this would be useful should Natwest not be forthcoming with CCA/DPA Requests ( NOWT RECEIVED YET!!)

[The Phantom]

I do have within my DMP a template that requires the creditor to provide details of your indebtidness to themselves.........nature of agreement, is borrowing secured, balance outstanding etc.

 

Was wondering if this would be useful should NatWest not be forthcoming with CCA/Data Protection Act Requests ( NOWT RECEIVED YET!!)

 

Sorry to jump into this thread, but I am in a similar albeit not identical situation with NatWest. They have started proceedings against me (see my thread Overdraft on joint account) and I am trying to stand my ground a bit so they can't walk over me completely.

I have sent them SAR (no reply so far) and the letter template within this thread you have used for Additional Information request. That is dated 23.12. and I have given them 21 days, so deadline to supply true signed copies expires this Saturday. They replied to this request for info letter today saying they got my letter and they have forwarded my request to the relevant departments. See what happens. I am surprised that they start proceedings against someone without having the necessary evidence at hand in their court proceedings file. Maybe they assume people will just admit to the debt and that's it. Their reasoning is totally beyond me anyway, but never mind.

But as you have been down a similar road any help would be of immense help

Phoned CAB today and just got an answering service they are closed for training purposes. Great

Will start writing my defence over the next couple of days, but ANY help would be of so much use !!!

[SHERLOCK]

Whilst replying to Nicole it reminded me of a thread I read whereby people are claiming for the extra interest paid on mortgages/loans when there is a ccj/default on your file and they successfully get them removed.

 

Just a thought, as BC&Co. placed this ccj on my file previously (I didn't defend), if they cannot produce the agreement and/or the account was all or mostly charges ( I presume this would have been the case when the first ccj was applied, does this still make it unenforceable and thus unlawful?) can I reclaim the charges plus the extra interest paid.

 

Any thoughts welcome,

 

SHERLOCK

[SHERLOCK]

Latest Update........................................

 

NOTHING.....absolutely NOTHING

 

My CCA Request 11/12/06...............NOTHING

My DPA Request 11/12/06...............NOTHING

 

Do I just sit here and do................NOTHING

 

 

SHERLOCK

[debt_mountain]

can I reclaim the charges plus the extra interest paid.

 

Any thoughts welcome,

 

SHERLOCK

 

this is what I am claiming against Cabot and I have a meeting with them and the judge next week to discuss.

 

I am claiming for damages caused by increased interest rate on my mortgage. Once this has settled I plan on asking why I shouldn't get all payments back as they are in breech of CCA and DPA.

[Laiste]

Hi Sherlock,

 

As N/W have filed a Notice of Discontinuance, it means they cannot file any further claim against you on substantially the same facts, so you cannot be pursued for the debt under any circumstances. If the matter was sold to a 3rd party, that would be entirely unlawful because the NOD means that they have given up all rights to pursue you for the debt.

 

I hope this is helpful.

 

Regards,

 

Laiste.

[SHERLOCK]

Thank you, that clarification was just what I need

 

N/W and/or BC&Co obviously left me to figure this out!!

 

One more question, in your opinion should I pursue any charges reclaim or let it lie?

I'm assuming, maybe wrong, the previous CCJ they obtained was done without these facts also, but was on my credit file when taking out my previous mortgage/credit.

 

The alleged debt is 10 years old and I think it was a combined loan/overdraft.

[SHERLOCK]

Laugh, just a little, not 2 hours after replying to Laiste's thread guess what falls through the letterbox....................you guessed it...........

 

Robinson Way & Co, Natwest.....same account number, different amount (£500 less) - Formal Demand for payment, dated 25/03/07.

 

States 'this problem will not go away or be forgotten' :o

 

Laiste, I think they are questioning your post!!

 

Next course of action please

 

SHERLOCK

[Laiste]

Hi Sherlock,

 

My words were obviously prophetic! LOL I would let R&W write and telephone you to their hearts content. Keep all correspondence, make a note of all tel calls from them answered or not. If you do pick up the phone, simply state you don't deal with financial matters over the phone and due to Data Protection issues, you have no way of verifying who they are and hang up, making sure to get the caller's full name at the start of the call. Do not get into any discussion whatsoever about this matter being discontinued.

 

Personally, I would let this continue for about six months, then slap them with a County Court claim for unlawful harassment and unlawful processing of your personal information under the DPA 1998. I am certain we will be able to add to the list of offences by then....!

 

At the same time I would also slap N/W with a claim for the charges you mentioned as well as passing the matter unlawfully to a DCA for collection, harassment, disclosing your personal information without any contractual/legal basis for doing so, in contravention of the DPA 1998 and probably other matters as well, when I've had a think about it!

 

I believe in giving these organisations enough rope to hang themselves, sit back and watch your case against R&W and N/W build itself!

 

Hope this helps!

 

Laiste.

[SHERLOCK]

Immensely helpful, thank you.

 

I changed my number long ago and do not get calls, maybe I should let R&W have it .Thinking of getting a 0870 no.

 

Thanks again, I would love to see records of charges from Natwest, they haven't answered my S.A.R. - YET

[SHERLOCK]

Hi again,

 

Received second letter from RW&Co. giving notice of intended court action, valid even if not read by you!!!!

 

TAKE NOTICE that documents are being prepared for the issue of proceedings etc!!!!

 

Is this a standard letter? Thanks

 

I am thinking along the lines of letting this go to court and counterclaim for the same amount they are requesting, is this viable?.....I have no record of payments made and they haven't been supplied!

 

Sherlock

[ScarletPimpernel]

It's a standard letter.

[SHERLOCK]

RW & Co. at it again, 3rd letter in a month!! is that harassment?

 

Immediate action required blah, blah.

 

This account will not be closed, but will stay registered as an unpaid debt in your name. This will adversely affect your credit rating. (please, go ahead, exactly what and where they are registering though would be deemed totally unlawful, would it not?)

 

sherlock

[Laiste]

Hi Sherlock,

 

Their correspondence does amount to harassment. RW&Co are lightweights to be honest, it is extremely unlikely that this organisation will file a claim at Court. The parts of letters you have quoted are all standard fayre from them. It might be these jokers that don't have a licence to process data under the DPA1998, can't remember off the top of my head. Don't use that bit of info now. If it does indeed turn out to be correct when a claim is filed, that would spell really big trouble for the idiots!

 

If a claim is filed you should definitely file a counter-claim, which may even exceed what they are asking for, not simply equal it! We can get into all the relevant issues to be raised in a claim, if and when that happens, it would take too long to go through now!

 

This is entirely up to you but if you gave them your tel number, it would strengthen your case for harassment as they would definitely make use of it! I suppose it depends really on whether you fancy playing games with them and laying the trap so to speak....! I wouldn't recommend it for those who can't confidently deal with these Companies, but if you have a sadistic streak.......

 

Regards,

 

Laiste.

[SHERLOCK]

RW & Co again

 

Notice of home visit by a local debt collector (to secure an arrangement for full payment, NO LESS) in 7 - 10 days!!

 

SHERLOCK

[SHERLOCK]

nothing exciting, Another R&W Letter.

 

other half wondering why I don't call them to explain!!

 

Well I prefer not to, this 'alleged' debt amount is 10 yrs old now and I still don't recall amounts and/or type of account and Nasty have supplied me with nowt.

 

SIT TIGHT AND WAIT