The Natwest Journey!!! *** WON ***

[loristar]

so 28 days from when mcol serviced my case which was the 8th jan. Gettin a bit worried, they seem to be taking people to the bitter end these days. Starting to doubt myself a little. Is it really possible with me just learning as much as i can but not being an expert, to win this case if it goes to court?

 

 

 

Lori

xxx

[loristar]

Hi all...

Im back again with more questions!!

When i put in my claim.. i said i would be claiming 46p per day interest. When do i add that on? i already added on the interest previously to me submitting my claim, but when do i add on the amount that building up from when it was serviced until the case gets settled? Very confused!!!

They've also sent me a letter warning of a default. I wouldn't be getting threatened for a default if they hadn't of charged me in the first place!!

Is there anything i can do about this?

 

NATWEST ARE EVIL!!!

 

Lori

xxx

[Deller]

It's down to the bank/Cobbetts to add on the daily interest to your claim total, so don't go worrying about this for a mo, it only becomes an issue if they don't include it in your settlement.

As for the threat of a default, you should write to the bank advising them that the account is under dispute and that this sort of action can't be taken against you until the matter is resolved.

[loristar]

Thankyou!

Can i do that then?... i rang them and tried to explain what was goin on with the account and they just said "unless you pay it (it being £500) we will give you a default. Or you can pay us £75 a month till it's clear". Do you know of any templates i could copy to send them explainig that the accounts under dispute and that sort of action can't be taken against me until the matter is resolved?. I'd write a letter myself but i don't want it to sound like i don't have a clue what i'm on about!!

 

Thanks deller, Your and Angel!!!

 

Lori

xx

 

P.S Also, what happens if they don't add the interest on?

And as they have charged me 120 + 30 for a default letter since i have submitted the case, can i send a letter when they agree to pay up stating this and asking for this back aswell??

[Deller]

P.S Also, what happens if they don't add the interest on?

And as they have charged me 120 + 30 for a default letter since i have submitted the case, can i send a letter when they agree to pay up stating this and asking for this back aswell??

 

What will probably happen is you'll receive an offer from Cobbetts, you can respond to this offer with a letter declining it and outlining the totals to date including the daily interest. As for the extra charges, you're not able to add these on after you've submitted your claim through the courts, you'll have to make a seperate claim for these after this one is settled.

 

p.s. I'll have a look for some info for you regarding the account under dispute!!

[loristar]

Ok, Thankyou!!

Don't want to send them a letter and sound like a complete muppet.. then them fobb me off!!

 

 

Lori

xxx

[Deller]

I've found you this letter which was used in relation to a claim against the Woolich, you'll have to amend it to suit your circumstances but should give you the general basis of a response. The letter is in relation to an account being passed for debt recovery but will be suitable for the threat of default action too. Hope this helps!!

 

 

ACCOUNT NUMBER: XXXXXXXX

I today received your letter dated the ********. In it you informed me that you have referred my account to Westcott Credit services Limited for recovery of the debt.

 

This account is in dispute. I have been corresponding with Mike Brophy head of customer relations at your London E14 address.

 

On the ******* I issued a summons at *************** for the recovery of ********** from yourselves, which has been unlawfully removed from this account during the last 6 years.

 

As you are no doubt aware to refer an account, which is in dispute, is a clear breach of section 13.6 of the banking code, which you are a member.

 

I also note from your letter that you have registered this information with credit reference agencies. You have a responsibility in law to ensure that personal data that you hold is accurate, relevant and up to date. The fact that this matter is in dispute is both relevant and makes any entry on a credit file inaccurate.

 

These matters I consider to be a serious breach of both the banking code and the Data protection Act. I require you to immediately to remedy this situation by.

 

· Recalling the debt from Westcott Credit Services Limited.

· Removing any reference to this debt from any credit reference file.

· Inform me in writing within 7 days that you have done this.

 

If the above is not done within 7 days I will make a formal complaint under the Banking Code and to the Information Commissioner.

 

I will also inform the district judge at Northampton County Court who is dealing with this matter. I am sure they would take a dim view of such threatening behavior prior to a county court case.

 

This letter is in confirmation of a phone call I had with Eamon McManus of your collection centre today at 11.50am. I relayed the contents of this letter to him who undertook to deal with the matters raised.

 

Yours sincerely

 

XXXXXXXXXX

 

[loristar]

Your a genius!!!

 

Thankyou soooooooo much!!!!

I am goin to fine tune it now and send it off!!

 

You've made things so much clearer today!! Thanks evaso much!!

 

Lori

xxx

[loristar]

Hi all!!

Me again!! need more help!!

Starting to get excited about natwest not filing there defence yet.. but wana make sure i'm not getting excited for no reason!! Can i have some clarification pls!! (if thats a real word!!)

My claim was serviced by mcol on the 8th jan, natwest acknowledged it on the 16th. So when can i submit a judgement by default??... Is it the 28th? Or do i have to wait till after the 28th to submit it?.. can i have some advice pls??.....

 

 

All my love!!

 

 

Lori

[Michael Browne]

If your claim was served on 8th Jan they have until 5th Feb to file a defence

[loristar]

So if they haven't put in a defence by the 5th.. i an go on 2 mcol on the 6th and and process a judgement? what if they then sumbmit a defence on the 6th?... can they do that?....

Sorry.. just want to make sure i'v got it right!!

 

 

xxx

[egough]

Hi Lori, after reading so many threads I think its fairly rare that Natwest don't enter a defence and will leave it right til the last moment to file it. Perhaps call your allocated court on the 6th just to double check they haven't and then go ahead with your judgement.

[loristar]

Thanks egough..!!

Because i'v claimed through mcol who do i contact?.. northampton?....

 

 

Lori

xx

[egough]

I'm not sure about MCOL as I filed my claim using the N1 form. I bet someone will be able to tell you shortly tho. Keeping my fingers crossed for you for a quick win! x

[loristar]

thanks egough!!

I hope someone can help!!

I'm with you on brownie24's thread by the way.. he shouldn't tell them there mistakes.. they wouldn't if it was the other way round.. they'd be happy to take your money.

 

 

xxx

[Deller]

OK, if the deadline for their defence is on the 5th Feb, then you should expect them to enter their defence on this day, more than likely pretty late too. It's best not to try and enter judgement too early as the courts do tend to allow them a couple of days grace. If they do enter their defence late and you've already filed for judgement then they could apply to have your claim set aside, this will only delay proceedings even further and I'm sure you don't want that to happen do you.

I have yet to hear of Nat West/Cobbetts not entering a defence and can't really see it being any different in your case.

[loristar]

Hi All!!

 

I really need your help!!

I have received my AQ in the post, plus a CPR PART 18 REQUEST. So confused. In the CPR18.. they are asking for another copy if the charges list, with the reason for each charge, which is goin to take me ages to do because i mastakenly sent natwest my statement with a list of the charges and interest in the first letter. I kept the list but it hasn't got the reason for charges on that. Does that mean i am goin to have to order my statements again? It also says this...

 

1. In your claim you state. "claimant claims the return of the amounts debited of £2104.68

 

2.Please provide the following particulars in supportt of your claim:

 

2.1 In relation to each charge please identify (a) the date when the charge was charged (b) the amount of the same: and © the reason(s) given for charging of the same.

 

2.2 In relation to each charge, please clarify the following: (a) as it is the case of the claimant the same should not have been charged? (b) if yes; please explain why the claimant contends that the same should not have been charged? © if no; is it the case of the claimant that the same should not have been charged this amount? (d) if yes; please explain why the claimant contends that the same should not have been charged in this amount and identify the sum the claimant contends should have been charged. (e) if no; please state the claimants case.

 

3. In your claim you state the charges are;"unforceable under the unfair terms in consumer contracts regulations 1999, the unfair contract term act 1977 and at common law" and "they must be reasonable under s15 of the supply of goods and services act 1982".

 

4. Please specify all of the facts relied on by the claimant in suppoert of the contentions in paragraph 3 above, and in particular lease identify (a) the section(s) of the unfair contract terms act 1977 (UCTA 1977); (b) the regulations of The Unfair Contract Terms in Consumer Regulations 1999 ("the regulations"); and © the principles of common law relied upon by the claimant in alleging that the contractual provision(s) referred to are unforceable. Please also identify the contractual provision(s) that the claimant alleges are unforceable by reference to UCTA/ the Regulations.

 

 

 

Please soebody help me understand this and tell me wha to do.. so confused!!!

 

 

Lori

xx:confused:

[loristar]

just been looking at some threads.

there are 2 threads one called cpr18 and another called cpr18 to court. could i not send those off? I have had a quick read of them, and they seem right.. but i dont want to do it without making sure. I also got a coy of the cpr18 with my AQ form. Is that normal?.or does taht mean the judge has ordered i respond to it aswell?

 

 

So confused.. need guidance people, please help!!

 

xxx

[loristar]

Hi all!!

 

Only a quickie!!

I have just filled in my AQ form, but when i take it to the court, can i pay the £100 in cash?.. or does it have to be in a cheque or bankers draft?...

Please help.. i don't want to have a wasted journey.

 

Thankyou

 

Lori

xx

[loristar]

Surely somebody's gotta know.. I need to take it to court by the 28th So need to know asap.

 

Lori

xx

[livelylad]

Surely somebody's gotta know.. I need to take it to court by the 28th So need to know asap.

 

Lori

xx

 

Cash is fine, pay it when you hane the AQ in. Please stick to one thread for this claim you have four.

[loristar]

Thankyou livelylad!!.. sorry.. didn't know how to find my old threads without accessing it through old messages in my email.

 

Lori

xx

[livelylad]

Thankyou livelylad!!.. sorry.. didn't know how to find my old threads without accessing it through old messages in my email.

 

Lori

xx

 

go into user Cp , list subscriptions your threads are in there.

[MARTIN3030]

4 threads merged

[skintmum inc]

 

Hi loristar, I too am tackiling natwest and was a member of staff for about 10 years, i too know the processes and you just have to stick to your guns. I was there when they changed over to RBS what they told you is a load of cobblers!

 

I have been fobbed off in all of their responses so far, told that i did not know anything about the OFT, and that they would continue to charge me every month (usually about 78.00 or more, this month they took 160.00 and left me with no income for 2 weeks until my next benefits arrived) unless authorires told them to stop the charges following all the hype.

 

my final letter gave them a good dressing down in a very legal manner, and i politely pointed out that i did infact know everything inside out and back to front when it comes to the OFT, FSA, GISC, the banking code of practice and so on and so forth, as i am examined annually on such matters as part of my 17 year career in finance & banking. I really gave them what for and also mentioned that i would submit a complaint to the OFT under the consumer credit act on the basis that they are not a fit & proper person to hols a consumer credit license.

 

A week later they sent a letter in a manner that i can only presume meant that they did not actually know what to do or how to deal with this. it contained 5 lines that basically read, we have repeatedly expalined our terms & cond's to you and our position relating to bank charges applied to your a/c....if you are still not satisified with our response to you, then please contact the banking ombudsman.

 

I have now submitted on MCOL a petition and am waiting to hear from them any day now.

They have taken 4,600 in the last 2 years, and with the interest that i can add of 8% p/a, then i should get a tidy sum.

 

they have made my life a misery for as long as i can remember, i cannot tell you how many times i have been into the branch and cried in front of the manager just to get one charge bach that month in order to feed my kids that week, and all i ever got was its up to you to maintain your account correctly.

I plan on taking these b******s to the cleaners if i can, they have bled me dry and its time they paid for the months of sheer stress and sleepless nights they have caused me. i had a car accident 2 years ago and am waiting for surgery, i had to come out of work hence i got into overdraft and then they just made my debt snowball.