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    • see***   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all leave jurisdiction unticked -  *** for the minute hang fire on doing AOS on MCOL until andyorch advises if/if not you question jurisdiction please   you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. ..  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/   CHANGE the list of documents too: Original signed finance agreement together with the terms and conditions IN ENGLISH Any notice of change in account terms and conditions that were ever issued since credit approval Any notice of default or UAE equivalent that was issued by the original creditor All and every statement of the account including how any interest has been calculated. Proof that UAE Court Judgement has already been gained upon said debt. Proof the UK Pre Action Protocol allows a UK Solicitor to issue a Letter Of Claim and /or issue court proceedings concerning a UAE debt. The UAE is not a 'member state' . . . type your name ONLY*** no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]      
    • thanks. but, where shall i get a copy of this agreement/ guarantee. who shall i contact the claimant.
    • yes, sorry meant witness statement   will post up soon
    • Name of the Claimant ? Abu Dhabi Commercial Bank   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 20 Nov 2019    Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - AOS  XX + 19 = 08 Dec file defence date  - 08 Dec + 14 days = 20 Dec 19      Particulars of Claim The defendant owes £25k (debt under a credit card agreement with ADCB dated xx/08/2014 despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £25k and also claims interest thereonpursuant to section 69 of the country court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £2000.   What is the total value of the claim? £27900   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes - left Dubai   Did you inform the claimant of your change of address? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After - Aug 2014   Do you recall how you entered into the agreement...On line /In branch/By post ? Representative of bank visited at my place of work with all documentation.   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Not sure - Can’t see it on Clearscore (Equifax), only have basic Experian app (not Credit Expert).   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Note sure; don’t think so. Moriarty claim to have “been instructed on behalf of ADCB”   Were you aware the account had been assigned – did you receive a Notice of Assignment? No; only had a letter, then a Final Demand, then the Claim Form and another letter )all from Moriarty)   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? I was made redundant so had to leave UAE to return to UK.   Despite me advising  ADCB’s ‘agents’ (DCAs etc) I had no savings, couldn’t find any work nor borrow money to make repayments and was presently in a DMP, I was requested to make a payment as a “good faith” gesture and then they would agree that the sum would not accrue any further interest and subsequently enter into an “affordable agreement”.   Despite my intention to offer any possible solution that I could manage - e.g. merging into my DMP - ADCB were not interested and it reached an impasse.   The payment I did make incurred high charges (SWIFT payment) I requested if I could pay by card or a method that would not incur high charges. I also offered to agree to % of any future income earned as well as a regular affordable sum.   I was advised this would be possible, but all promises made to me proved to be false and so despite me communicating my situation to ADCB all I was offered was to enter into an agreement that I could not afford or ‘final settlement’ that I also could not afford.   In addition to this, I’ve had all sorts of obfuscation, misrepresentation and false promises - esp. relative to Central Bank Listing, police case and suchlike -  that I was only promised would be “cleared up” should I make payment.   So the situation reached impasse - I wasn’t getting any sense or manageable proposals and I certainly couldn’t afford to keep paying the amounts suggested (especially incurring £20+ charges each time).   What was the date of your last payment?Jul 16   Was there a dispute with the original creditor that remains unresolved? ADCB didn’t seem interested in the litany of  questionable methods employed by their representatives - e.g. misrepresentations, fraud, deceit - and my suggestions of possible solutions (DMP or % of future income) were ignored, rather they just kept wanting money I didn’t have to ‘hold off’.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes - see above; I advised them I had lost my job, could not find employment, had no savings but would be agreeable to adding to my DMP OR perhaps agreeing to a payment plan on a % basis of any future income.   QUESTIONS Do I need to get a full Credit Report from Experian or Equifax (other than the apps)?  
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zut alors

Nat West heads in sand

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Hi

Ive recently complained to NW about a missold overdraft dating back to 2013

during my preparation I requested a SAR , they complied and sent me "everything " that they held.

I thought that my case was a sure fire winner but the bank didn't and I then decided to take it to the ombudsman.

 

After many emails and phone calls my case seemed to be floundering and whilst looking again at the data NW had sent in my SAR I spotted something which appeared to be a serious error by NW .

 

The document that I was looking at was a copy of the OVERDRAFT CONFIRMATION LETTER  dated 16th July 2013

 

The attached letter states para 2 THE TOTAL COST OF CREDIT

I firmly believe that the figure of £182.30 ( which it goes on to explain is the cost of maxing out the £4000 overdraft for  a full 3 months)

is wrong and I presume that if I am correct it could/should add weight to my denied claim for misspelling.

 

"this is a calculation we are required to provide and shows the cost over a period of three months based on you drawing the whole overdraft facility in full immediately and keeping it at that level for the whole three months.

 

The period starts on the date above which is the date the overdraft was agreed.

The cost of credit comprises interest and fees over the period and assumes interest rates and the amount of any fees remain unchanged.

The fees include any Arranged Overdraft Usage Fee and /or account fee payable during the period"

 

 The interest rate  on the overdraft is 18.28% and there is a £6 per month arranged overdraft fee.

 

using the NWs own interest rate calculator I find that the TOTAL COST OF CREDIT should be £200.30

 

My calculation has been checked by my brother ( a maths teacher )

my son ( an accomplished aerospace engineer) 

and my lovely next door neighbour ( a chartered accountant)

and each of these agree with my figure.

 

Now here is the rub

NW insist that the figure they used ie £182.30 is correct and four different people at the FOS agree.

 

However and I have told them a million times they are forgetting to add the three payments of £6 each month ( arranged overdraft fee)

Which would make it up to my figure ie £200.30.

 

Nat Wests reluctance to "see the light" on this point makes me wonder whether this could be a mistake that they have made with thousands of customers and just don't want to have millions of pounds knocked off their balance sheet due to claims of misleading/misselling.

 

They have dug in and will not admit that my sum is correct and they have also misled the ombudsman who , moreover, is guilty of not being able to do an O level maths sum and who have been lazy  and biased dealing with my claim. 

 

Any comments or advice would be very much appreciated. thanks

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I suppose it's a case of do you include the monthly fee or not as to who is correct.They will argue until blue in the face its a service charge and not a fee.

 

If your wishing to reclaim it...follow the following link.

 

 

Just for future knowledge things are changing from next year...

 

 

Regards

 

Andy


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Thanks andy I will check that out but the overdraft confirmation letter FIRMLY states that the cost of credit includes interest and fees these fees include any arranged od usage fee and or account fee payable during the period .

They can hardly argue with themselves .

 

DIRECTIVE 2008/48/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 23 April 2008

on credit agreements for consumers and repealing Council Directive 87/102/E

I came across this and sect 920 describes my situation . A nyone agree?

 

Sorry paragraph 20

 

and towards the end of the directive ANNEX1  PART II SECT (H)

 

I am still confused as to how the nwest complaints team and then the FOS TEAM have been unable to come to the same conclusion as myself, to me its as clear as day. they have misstated or misled me and surely there should be some comeuppance.

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So what exactly are you trying to achieve ?

 

Link for the above.....

 

https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32008L0048


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Originally I complained to NW that a visit to my branch back in 2013, to discuss my burdensome overdraft of £2900 with a view to taking a consolidation loan, resulted in an INCREASE of the fore-mentioned overdraft to £4000 forced upon me by an expert pushy pressurising forceful salesman . its only recently that I have managed to bring the overdraft down to a reasonable level £1000 and I reckon that ive paid thousands more in interest than a simple 2 or 3 year loan would have cost.

NWest denied that I was treated unfairly and the ombudsman crazily agreed.

it was then that I noticed the copy of the overdraft confirmation letter and I spotted the anomaly. I thought this would mean an assured victory not only was I missold I was also misdescribed and misled and later on treated like an idiot who cannot add up simple sums.

What would I like to happen. ?  realistically I still feel that I was missold a 30 % or more increase in an overdraft that I was telling them was already unaffordable its meant ive paid thousands of pounds in unnecessary interest and fees when my only "fault" is that Ive tried to be responsible and astute and address a potential problem debt. the bank and the FOS are a total waste of time . I suppose that I would like some sort of vengeance.

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I don't think they would include the fees within cost of credit calculation, as that is just looking at the interest.

 

The overdraft was increased to £4000, but they would not have told you to use it.  They told you the interest cost of having an overdraft for that amount.

 

Surely it was up to you to investigate whether a loan was available or not. Perhaps NatWest did not offer this, as you would not have qualified for a loan with NatWest ?

 

 If you believe that NatWest failed to provide full advice to help you deal with financial hardship, then I think you need to come up with a more comprehensive argument. The FOS if they have issued their final decision will not get involved further with the same complaint.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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With great respect the overdraft confirmation letter ( its on nat west headed paper) and it begins THIS IS AN IMPORTANT DOCUMENT

then 

"this is a calculation we are required to provide"  blah blah  "the cost of credit comprises interest and fees.....the fees INCLUDE any arranged overdraft usage fee and/or account fee payable during the period" ie 3 months.

Its easy to argue that as this information ( total cost of credit) is misleading then my consequent decision to accept the terms and proceed with the overdraft was not based on any factual or clear knowledge.

I keep repeating this but its the mainstay of my argument now that they have poo-pooed my valid unaffordable claim. the figure that they have given me is wrong. they have failed to include £6 times 3 so in other words £18 underquoted or rather a 10% understatement! l

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