Drydensfairfax Solicitors saying they have not received any payments

[Missie Moo Moo]

Hi All

 

My husband has been made redundant and as such I have contacted all of my creditors to inform them that I’m only able to make token payments until we are back on our feet. I intend to start a thread for each of the institutions as they begin to communicate with me, all of the creditors have been provided with details of my earnings and our outgoings.

 

NatWest have sent me a Formal notice of intention to file a default and to take action to recover debt, I also received a Default Notice in the same envelope dated 15th July 2010 which I only received today 20th July 2010, both of these are attached and uploaded as PDF’s. NatWest have stated in the formal notice that “within 28 days of the date of this letter, satisfactory payment or arrangements for payment are to be made with us in response to the attached default notice”.

 

I have also uploaded a copy of the envelope if this is of any use.

 

What I would like to know is if the default notice is correct and if it conforms to the regulations of Section 87(1) of the CCA 1974 as quoted on the notice.

 

Thanks in advance.

Edited NatWest Formal Notice of Intention to File a Default Dated 15 July 2010-1.pdf

NatWest Envelope Received 20 July 2010.pdf

Edited NatWestDefault Notice Dated 15 July 2010.pdf

Edited July 22, 2010 by Missie Moo Moo

[Missie Moo Moo]

Hi All

 

NatWest have sent me a Formal notice in relation to my overdraft of their intention to file a default and to take action to recover debt, I also received a Default Notice in the same envelope dated 16th July 2010 which I only received today 19th July 2010, both of these are attached and uploaded as PDF’s.

 

NatWest have stated in the formal notice that “within 28 days of the date of this letter, satisfactory payment or arrangements for payment are to be made with us in response to the attached default notice; information about your indebtedness will be given to the following Credit Reference Agencies, Calldreit, Equifax and Experian”.

 

I have also uploaded a copy of the envelope if this is of any use.

 

What I would like to know is if the default notice is correct and if it conforms to the regulations of Section 76(1) and 98(1) of the CCA 1974 as quoted on the notice.

 

Thanks in advance.

Edited NatWest Overdraft Default Notice Dated 16 July 2010-1.pdf

NatWest Overdraft Envelope.pdf

Edited NatWest Overdraft Default Notice Dated 16 July 2010.pdf

Edited July 22, 2010 by Missie Moo Moo
Added attachment

[dx100uk]

dn scan does not show date of letter.

 

dx

 

no thats an intention to file a default with the cra's

 

it is not a default notice

 

basically they are just saying in 28days we'll mark your CRA record.

 

dx

[pumpytums]

So the 76(1) & 98(1) notice is directly referred to as a default notice in the covering letter?

 

Have a read up on the statute law data base under 76(6) & 98(6). Shows something quite interesting.

 

Consumer Credit Act 1974 (c. 39) - Statute Law Database

 

 

Consumer Credit Act 1974 (c. 39) - Statute Law Database

 

 

 

 

Pumpytums

Edited July 22, 2010 by pumpytums

[pumpytums]

Hi missie moo,

sorry to hear about your situation.

 

The DN is invalid if dated 15th keep quite until they demand full payment or terminate.

 

Pumpytums

[Missie Moo Moo]

Hi dx100uk and Pumpytums

 

Thanks for taking time to look at this thread.

 

I had previously failed to include the rear of the default notice in the original scan; this has now been amended to include the date.

 

I had previously failed to include and attach the default notice; this has now been attached with the original documents..

 

Thanks again

 

MMM

[pumpytums]

Hi Miss MM,

great as I said say nothing let them terminate/ demand the full amount.

 

Pumpytums

 

Hi Miss MM,

the form of the DN (or what ever it is) is actually correct they only have to allow 7 days on a 76(1) & 98(1) however the point still stands that this should not be used in default cases or when the debtor has breach part of the agreement.

 

 

Taken from Nastys T&C's

 

A Default Notice Fee will be payable if we need to serve a default notice on you (for example, if you fail to repay your overdraft on demand or we wish to enforce any security we hold). This is in addition to any other charges that may apply.

 

Fail indicates a breach Default notice indicates well, a default notice which is usually served because of a default. Q.E.D

 

Again I would say nothing.

 

 

Pumpytums

[Missie Moo Moo]

Hi All

 

This week I have received 2 letters from NatWest both of which are attached, I’d like to know what my next steps should be as I’ve already provided them with what I’m able to pay them. My real concern is the added interest and charges that are going to levied to the accounts.

 

Your comments or advice as always will be appreciated.

 

MM

Edited Letter of disappointment following issue of Default Notice.pdf

Edited Important Information about borrowing on your account.pdf

[dx100uk]

there is no complaint default notice contained in any of the scans so thus the termination notice is void too.

 

do a bit of reading on others with the same issue in the natwest forum

 

in my view they have unlawfully terminated the agreement.

 

dx

[Missie Moo Moo]

Hi dx,

 

The termination notice and the demand is only in relation to my overdraft, I haven’t yet received an account termination letter with regards to my credit card yet I will post here when and if it arrives.

 

I’ve had two further letters of communication today from MINT, the first being the Account Termination and the second being a letter from the Recoveries Manager. I have attached both on my MINT thread for comments/observations.

 

Your help is very much appreciated.

 

MM

[Missie Moo Moo]

Sorry there was some incorrect information in my previous post, it should have stated loan and not credit card.

[Missie Moo Moo]

Hi all

 

I've received a letter from NatWest regarding the default on my loan, I've added it as an attachment here for you to peruse and as per usual any comments will be gratefully received.

 

Thanks in advance.

 

MMM

NatWest Letter Following Default Notice.pdf

NatWest Letter Following Default on Overdraft.pdf

[AndyOrch]

Edited NatWest Overdraft Default Notice Dated 16 July 2010.pdf

 

That is the DN for the overdraft they are different from CC loans etc.You will receive a DN (traditional) for your loan when you get to 3 missed payments.

The penalty fees will be added to the overdraft.

Have you requested a copy of your agreement for the loan Account using Sec 77.

You cant request anything on the overdraft.

Have you contacted them by the date stipulated to discuss arrangements re the overdraft? Payment plan?

 

Regards

 

Andy

[AndyOrch]

Have you actually received a DN for the loan?

 

Andy

[Missie Moo Moo]

Hi All

 

I have been battling with NatWest, Triton, Green & Co and more recently Irwin Mitchell. The phone calls from NatWest and Triton stopped after I sent them the phone harassment letter; I then received one letter from Green & Co dated 6th February 2011 which was a Sunday which I ignored. Irwin Mitchell started the nonsense again with continuous phone calls, so a harassment letter was also sent to them. I have had

 

I sent a CCA request to NatWest 5th February 2011 with the Postal Order for a £1 by recorded delivery; the request had a printed signature as advised on these forums, NatWest returned my request along with my payment stating that for Data Protection purposes they required my signature on my correspondence.

 

I found a useful thread which I followed the advice given by PGH7447 and sent off a non-compliance S77/78 letter to NatWest 25th March 2011, their reply was that they still required a signature for Data Protection purposes. I then used the account in dispute letter provided in this thread by Bazooka Boo and posted to NatWest and Irwin Mitchell 28th March 2011 these were delivered 29th March 2011.

 

My last correspondence from NatWest was their reply 29th March 2011 to my S77/78 non-compliance letter, it would appear that they have handed my file over to Irwin Mitchell as all correspondence has come from them and they’re beginning to turn the screw. Each letter has become more and more threatening.

 

I have been waiting for a letter of termination from NatWest but it hasn’t materialised as yet.

 

I have received a claim form from the County Court Bulk Centre dated 4th May 2011 for £5045.16which I have only received today having been away. This claim incorporates my overdraft which I have also defaulted on.

 

I would be grateful for any advice as to how I defend this claim.

Thanks as always

 

MMM

[dx100uk]

moved to the legal forum

 

dx

[Missie Moo Moo]

dx100uk thanks for moving to the legal forum, but I'd like to state that I don't have a CCJ as yet, but this is what they are clearly aiming to obtain in court hence them filing a claim.

[pumpytums]

Hi Missy,

your DN is invalid but with the recent developments there is nothing stopping them reissuing it. They could request a stay in proceedings then issue a new DN when it expires they are back in the game. But they will generally settle for monthly payments. Did the OD account have advantage gold? Did the Loan have PPI? are there a large number of potentially (in the future if things go to plan) reclaimable bank charges?

 

You could defend on the dodgy DN it's not correct but they could do as I have detailed above. As it's just above the £5k it will go small claims. My suggestion is request any PPI, advantage gold, charges are refunded back to the account and that you will pay X until the balance is paid off. Make sure you make your position clear but put an offer that's comfortable for you to pay. I know this isn't the best news you would like to hear but if you can pay a small amount for the next 10 years so be it. If you want to sweeten the deal mention something like if you agree to the settlement you won't reclaim bank charges.

 

You may get a Tomlin order, but at the end of the day it's better than a CCJ and a charging order.

 

If they won't take your offer call their bluff go to court let the judge decide they could be getting £1 for the next 400 years. You may get a charging order but they won't get their cash any quicker.

 

One more thing that puts the wind up them ask them for the facility letter this is the one that gives you the OD, they won't have this.

 

Try something like :-

 

A true copy of the letter allegedly sent to the Defendant at inception of the overdraft facility, and any other letters reflecting any change to this facility, in accordance with the OFT Determination 21st December 1989 governing overdrafts. Proof of service of the same.

 

I hope this helps

 

Pumpytums

Edited May 16, 2011 by pumpytums

[Missie Moo Moo]

Hi All

 

This is an update and also a request for some further assistance.

 

I have a set aside date for 20th October;

I have also received a letter from Land Registry informing me of Natwest’s applying for a Charging Order on my house to which I have objected based on the forthcoming hearing.

 

 

Following my objection Natwest have finally supplied me with my CCA months after my initial request 4th February and again 23rd March.

 

 

Irwin Mitchell have followed this up with a letter stating that I should consider not going ahead with the hearing as my request has now been satisfied.

 

Should the overdraft and personal loan not have been presented at court by Natwest as two separate cases?

 

I have attached a copy of the CCA and the letter from Irwin Mitchell for your perusal.

 

Thanks in advance for your help.

 

I have today received a witness statement from Irwin Mitchell which is attached for your perusal.

 

Thanks in advance for your help.

 

MMM

Irwin Mitchell Letter Dated 20.09.11.pdf

Copy of Credit Agreement Letter Dated 21.09.11.pdf

Witness Statement from Irwin Mitchell Dated 12.10.11.pdf

[pumpytums]

Hi mmm,

just to get up to speed they sent you a claim form did you file a defence?

 

Did you mention the invalid DN in your defence?

 

Have they ever sent you the facility letter for the od?

 

Did you ever send an offer "Without prejudice save as to costs" have you tried to come to an arrangement?

 

Why are they saying you did not receive the claim form? I'm a bit confused, did you acknowledge service back in May?

 

Thanks

 

Pumpytums

[pumpytums]

Hi mmm,

I just had chance to read your thread, I'm not legally trained so please bear this in mind. I think you need to be really careful the Claimant has got a default judgement, did you not submit a defence? I think you are correct in that they cannot gain a judgement while they are in default of your CCA request which they seemed to have done. However they have now produced the CCA, I really don't know how a judge would view that. If your defence mentions the invalid DN then that would be grounds to have the judgement set aside but would the loan have finished by now anyway?

 

I would just be careful that the Claimants solicitor doesn't try to do you for some inflated costs.

 

I would hit the little triangle with the ! in a get some of the big guys n gals to help. Sorry I can't help more.

 

Pumpytums

[pumpytums]

duplicate post

 

Pumpytums

[Missie Moo Moo]

Thanks for your assistance again Pumpytums.

 

I was unable to file a defence as by the time I got back home and went through my mail the time had expired, I tried to file it online and wasn’t able to.

 

In my defence I mentioned that my account was in dispute due to Natwest not complying with my CCA request for a period of months.

 

I haven’t had a facility letter for the overdraft.

 

I haven’t sent an offer “without prejudice or come to any arrangement, my thoughts were to go back to court and take it from there.

 

I couldn’t acknowledge the service back in May as I was temporarily living with my mother.

 

As mentioned earlier I was unable to submit a defence as the time had expired.

 

The loan would have been paid off as of September 2011.

 

Thanks again

 

MMM

[pumpytums]

Hi MMM,

sorry I can't be more help.

 

I hope everything goes ok for you.

 

Pumpytums

[ukaviator]

Hi

 

You should straight away do an income and expenditure form for the judge to look at. He will make a repayment decision on what you can afford. The loan would be connected to your bank account, Lloyds also do this. Also you should mention to the judge that ALL default charges, late payment fees are paid back into the account to reduce the debt, was there any PPI?

 

This is now damage limitation so you need to get the judge to set aside their application for a charging order because they owe you charges etc.. . . It may take some time for the bank to get your paperwork together so you should send a full S.A.R for your account information, list of charges etc.