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    • I've just taken another look through the stuff they sent me in response to the CPR request, the notice of assignment isn't the original , it's on a plain sheet of non letterhead paper, in fact it could have easily been typed up by Overdales, or anybody really.  On the other side of the paper are standard Lowell terms and conditions that are only half on the page. Should this be part of my defence?
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    • Moorcroft are sending a rep round to my house this week. What is the best way to handle this? Ignore and not answer the door or engage with them? I haven't acknowledged anything since I started on this journey and defaulted on my cards in December 2022
    • Very sorry but with the best will in the world, I don't think we can at all understand what the situation is here. Please can you try rewriting this on a word processor and maybe send a copy of what you have written to a friend and working out together so that the story is complete but as brief as possible. Maybe a list of dates as well. If you can do that and then repost your story we can have a look
    • Hi, I am a local authority tenant and was in a 3 bed house. At the end of last year, my last child moved out and so did my spouse as we are now going through a divorce which meant that I was in the house alone and decided that I needed to downsize not only for myself but to offer the property to a family that needed it. I registered on the local authority housing bidding site as i was asked to do and I was accepted and given a priority banding as I was downsizing and they were desperate for my house. I have been extremely lucky and after about 6 weeks was accepted for a new build from a housing association via the housing gateway. I viewed the property 2 weeks ago and had to sign the tenancy last week when they were doing bulk signups for the houses and that is the day I moved. In between viewing and sign up, I contacted my current local authority landlord and asked how I give notice as I had been accepted for a property I had bid on and was moving.  The lady told me how to do it online and then said that I needed to give a full weeks notice which wasnt a problem as I had enough time.  (I was also told a weeks notice was what i would need to give by another staff member about a month ago when I phoned up for another housing related question.  I dont have any of this in writing.) I have now moved, handed back the keys and I am now being told that I need to give 4 weeks notice which I cannot afford. I hav e spoken to the council again explaining that I was told a week and that to be honest, if I knew they were going to charge me 4 weeks I would not have been able to move and would have stayed in the other house.  I thought I was doing the right thing. They said that calls are recorded and they asked me when I called in and was told a week and they would listen to the telephone conversation and if it was correct what I was told, they would see what they could do to reduce the notice period. They have now emailed me back and said that they have listened to the conversation and the lady said 4 weeks notice and I am liable for 4 weeks rent.  Now I may well of misheard her when I thought she said a full weeks notice she may have said 4 weeks notice but I am sure she said a full weeks notice and i was told a week by another member of staff a few weeks ago. I have emailed her back and said that I may of misheard but I would like to listen to the phone recording myself.  As yet they havent responded. I think its unreasonable for them to make me give 4 weeks when I had to sign the new tenancy with little notice or loose the property.  And it was all done through their gateway, and they will have a tenant in there pretty much straight away getting rent from them. I am on a very low income, I am on my own, I have serious medical issues and I am really getting myself stressed out over this. Any advice would be so appreciated.  Can I insist they let me listed to the recording? RH  
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HELP NEEDED!! anyone claiming/claimed 5K +


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I WON, I WON, I WON!!!!!!

Just to let you all know i received a big fat check from Natwest on Thursday for £5762.85!!!!!!!!!!!!!!!1 Thank you to everyone who has posted on my thread and all the help they have given. Good luck to you all. xx:p

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congratulations

NW (NO 1) ACC

REC'D FULL SETTLEMENT 5/01/07 :)

 

NW (NO2) ACC

REC'D FULL SETTLEMENT 28/12/06 :lol:

 

NW (JOINT) ACC

MCOL STAGE AS WE SPEAK :-|

Court date 23rd May(bring it on!!!!)

Paid up 3 wks before court date - all done & dusted ( for now lol)

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Amy, that's fantastic news!

 

Well done - enjoy!!

 

Westy

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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Hi,

 

I am at stage 2 - but using a standard letter published by my local paper. I am claiming just under £8k, and sent the following letter...

 

Penalty & unfair charges – request for refund for XXXXXXX

(Sort code: XXXXX Account no: XXXXXXX)

According to my records I have been charged £7870.50 in paid referral fees and charges for items returned unpaid since 14th February 2001.

 

0n April 5, 2006, the Office of Fair Trading (OFT) announced that default charges which are set at more than £12 will be presumed to be unfair and unenforceable in terms of the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). Charges above this sum will be subject to legal action by the OFT (press release 68/06 – online here: Current credit card default charges unfair

 

The OFT stated that a charge is not fair simply because it is below this sum and I believe that a reasonable charge would be 50 pence for the reasons set out below. Please refund my charges as a matter of urgency.

 

I would respectfully submit that if your organisation does not agree to immediately refund all unfair charges applied to my account, it will not meet the “fit and proper person” test to hold a consumer credit licence under the Consumer Credit Act 1974. In that eventuality, I will submit a 1974 Act complaint to the OFT.

 

Separately, I am of the view that your charges represent a penalty and are therefore irrecoverable at common law. In the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co. Ltd. (1904) 12 SLT 498, the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract. This is also the position in English law: Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79.

 

Your charges do not reflect any actual loss, instead they appear to represent a lucrative profit-making scheme. In particular, charges were applied after I entered into a transaction(s) without sufficient funds in my account. However, payment was declined by you and therefore, actual loss is the cost of automatically sending me a computer-generated letter. I would respectfully submit that is valued at no more than 50 pence.

 

UK banks have recently given evidence to the House of Commons Treasury Committee on how bank charges are calculated: “The costs are going to pay for all the people we have who pursue debt, collect debt, speak to customers and chase payments. The way these charges are arrived at is by taking these total costs and making some assumptions about the volume that is going to come through to arrive at the individual charges.” (second report, 25 January, 2005, paragraph 50 – online here: House of Commons - Treasury - Second Report

 

Accordingly, the charges applied to my account are not a reasonable pre-estimate of the bank’s loss in relation to my account. No one has had to look at my account or telephone me. No one has had to collect anything. Your charges would appear to represent a device to recover global losses (for example, loan defaulters, bad debt write-off, including commercial lending in, and outwith, the UK).

 

Please refund all charges applied to my account from the start of 2001 within the next seven days. I reserve the right to commence court proceedings without any further notice and to seek an additional award for distress and inconvenience, together with legal expenses.

Yours faithfully

 

I have had no response and it's been two weeks and am a bit unsure of my next move. There is a third letter in the local rag, but I am not sure whether I can use this as it informs the banks of a claim (but in the instructions says only claims up to £5k can be made in small claims court). Any advice would be appreciated...

 

Paul

BATTLES WON/ONGOING

NatWest Bank- £8k+ **SETTLED IN FULL**

Capital One - £2k+ ** SETTLED IN FULL**

Cahoot - £255 **SETTLED IN FULL**

Abbey National - £385 **SETTLED IN FULL**

Central Trust - £3k+ **SETTLED IN FULL**

GMAC RFC - £2k **SETTLED IN FULL**

Now going after Natwest (again) and Halifax.

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  • 2 weeks later...

im going for more than 5k but ive been told by my nearest county court that i can claim for it in one go but i have to pay £250 in costs up front :eek:

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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  • 3 weeks later...

Hi, im claiming £10000+ from LloydsTSB ive had the fob off letter and am just about to reply with threaten of court action although god knows what happens when i have to file for court!!!

Martinengo[sIGPIC][/sIGPIC]

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