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    • So with a long working history, which she can evidence, it should not be a problem. Still have to go though HRT process for any benefit application, if they have been out of the UK for more than 6 weeks. It won't be a smooth process though. Suggest they try to get advice via Embassy, before they start any journey.
    • Dep Thx Eric's Brother. There was a person on this forum who told me his case was thrown out at the same court because of the contract. I requested more info, but he has disappeared since his case was dismissed.  I was just wondering whether it was worth whacking off a letter to IPS pointing out one of their members, using their logo, is making a claim based on illegal signage and other issues in contravention of their Code of Practice. Would they lean on VCS to withdraw, do you think?
    • Mother and father worked here and then went to SA in about 1978 returning to UK in about 1996 and worked here until 2016 when her husband died at age 66.  He was still working at the time.  She then went to live with daughter in SA.  Mother only claims for her pension. 
    • Thanks, I owe the money, no issue with that, I will SAR the company.  If I need to just pay it and have the CCJ for a few years so be it.  Just thought I'd explore all options
    • By the way you wrote that post, i can see that you are as confused by the situation as someone reading it. Important advice must be not to pay for any flights etc, until they understand the situation fully. Those that have British passports could be entitled to receive UK benefits. However, nothing is that straightforward. The passport does guarantee anything. The daughter could be entitled to Universal Credit ( which includes housing) as a British passport holder, but this can only be confirmed when she has gone through the Habitual Residency test (HRT). So you will need to read about HRT for British passport holders returning to the UK. There will be requirements to provide information about why they are returning to the UK and what work searches have they done to find work on their return to the UK. In regard to the mother who has a British passport, you will be correct in presuming that no council is going to be helpful in paying for the care home fees immediately on arrival in the UK. When did the mother last live in the UK ? When did the mother last work in the UK ? British embassy in South Africa may be able to provide information and assist with applications ? Just getting on a plane, landing in the UK and expecting help to resolve their situation, would be a silly thing to do. I can see the mother ending up in an NHS hospital for a period, while people wondered how they were going to deal with the situation. Probably not the first to do this, but if the mother also has a South African passport, they could put her on a plane back to SA and then the Daughter would be a difficult situation. Embassy in South Africa must be first place of advice.
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tumble

Tumble v Natwest ** WON **

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Hello everyone,

 

This is my first post on here as I have had the benefit of reading the wonderfull info on this forum. Wondering if I could get some advice in my case with NatWest.

 

I have sent all the standard letters, and stuck to my deadlines. Due to the lack of response, I have filed a clain using MCOL. This is at the 6 week stage.

 

I have noticed that the Banks are often defending the claim, and requesting further information. Which the court is allowing them to request. The question is this, should I be one step ahead and file a full Particulars of Claim with all the relavent points and an alternative argument. Or should I simply wait to see if they respond within the 14 day deadline. Also, I have a sample court bundle for CAG. Should this document be sent? If so, to whom and when??

 

Thanks for your support.

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hms, You must start your own thread. where we can follow and help you much easier.


A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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okay here comes the big one , only recently received an allocation questionaire from the court - my poc was a replica of the good work done by josamolly, im unsure how to complete the allocation questionaire as this claim is over 5k - I ll scout round the site but feel free to jump in as ive only got until the 30/7 to return it and could go into labour at any time now :|

 

Tried to find the usual suspects in chat but where has it gone ?:-x

 

Thanks

 

Tumble

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Been away from the site for a while so have had to do some serious catching up as recieved a court date. The judge had issued directions almost identical to what I had requested- great- set too preparing bundle which needed to be presented to both the court and cobbetts by 23 Oct. I thought Id chance giving a cobbetts a nudge to see if they were going to settle only to be told that the court had issued a stay, which I have not received as yet , probably due to the postal strike. Feeling totally deflated I have trawled the site once again to discover that the wonderful Cag members have come up with a response which I am going to use to try and remove the stay. However need some advice.

 

1. Should I still forward response to directions before 23 Oct .

2. What is the success rate for the removal of a stay .

 

Presumably if the stay is lifted the banks just cough up, am I correct ?

 

Will someone please tell me what happened to the chat room(bear garden)

 

Thanks

 

Tumble:confused:

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Hi tumble

 

Success rate for removing stays is not good. There is really only a chnace if you can claim hardship (eg if you are on benefits or, possibly, minimum wage)

 

Bear garden is still there


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Cant believe it - Apart from the petition is there anything else major being planned to stop this , its just not right . Ill object regardless.

 

Tumble :mad:

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Most courts are seeing the test case as a respite from the prressure they were under- can't really blame them. The test case is scheduled for 8 January and expected to last 8 days (and to achieve nothing).


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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I wish I had mentioned way back that the account that was stayed was a business account . I didnt dig too deep at the time as a family tragedy occurred and I completely lost track of everything . I only discovered today that the oft case only related to personal accounts. I have rang cobbetts who have requested that we apply to the courts simultanously to have stay lifted as apparantly this saves time. (they did not realize it was a business account ). I did not state on my poc that this was a business account and refered to personal banking conditions- I also made referance to uttcr in my poc -could this affect my claim ? The judge did give directions for disclosure. Could my application be struck out because of any of the two points ive mentioned.

 

Tumble

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Im so glad I bothered to post threads , its like a diary as im sure I would have forgotten were I was upto !!!!!!!!!!!:D

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I wish I had mentioned way back that the account that was stayed was a business account . I didnt dig too deep at the time as a family tragedy occurred and I completely lost track of everything . I only discovered today that the oft case only related to personal accounts. I have rang cobbetts who have requested that we apply to the courts simultanously to have stay lifted as apparantly this saves time. (they did not realize it was a business account ). I did not state on my poc that this was a business account and refered to personal banking conditions- I also made referance to uttcr in my poc -could this affect my claim ? The judge did give directions for disclosure. Could my application be struck out because of any of the two points ive mentioned.

 

Tumble

I don't think te whole claim would be struck out but this 'evidence' is obviously not admissable. The OFT case has some serious implications for business claims - you should look at a few threads - particularly GuidoT's

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Cobbetts did not reply so after chasing them up they have now told me that I should write to the court myself which i did suspect !!! Is there a particular form or will a letter suffice?

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soz this relates to having a stay lifted

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Received a letter from Cobbetts enclosing a copy of a letter sent to court requesting the stay be lifted in order for the claim to proceed.

Any thoughts ? Why would they want the stay lifted :?

 

Should I start a new thread relating to this claim ?

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