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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Complaint to NatWest over 3 months ago but still no response


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NATWEST BANK 

whom I had been an exceptional loyal customer

having a house with the mortgage product, home insurance, unit trusts, ISA’s, and also have the business account as well as their charge card, spending thousand pounds on it

i had all my accounts closed as they had not organised my remortgage with them in the time allowed.

In fact I had done the night before online and spoke to mortgage department on the phone the next day (deadline day)

he told me he could see everything have been arranged online and the payment was made which I still have proof of.

At the weekend I found none of my cards were tonight they had no money and it took me three weeks to work out that I could get a bank account.

I just walking into a bank and I’ve ever since had the cash account by Coop.

In the meantime I submitted the complaint which of course they never addressed the specific question of where the phone call went, 

what about the Everton of having paid the mortgage and why have they closed all three accounts abs, any money that was in the current business account.

I was not in arrears with the charge card and in fact clear the £15k overdraft within three months.

Unfortunately, all of these events meant that my business crumbled and my mental health was severely affected such that I didn’t really address the issues of related to my complaint of Closing all my accounts based on failing to complete the mortgage deal, which was my word against theirs, i Recorded the payment made and my online submission yet somehow this is disappeared and not appeared in the subject access request I made five years later.

It took over a year for the bank to produce my subject access request and when I did complain to the information commissioner he asked me what I wanted to do which is a rather strange question as I thought given that it was such a long time that they were in breach of their obligation to provide me with details.

In the meantime,  they still proceeded to attempt repossession order on my house.

I explained that it was illegal to file a notice of repossession when the account was in dispute, yet their accountants and their lawyers seem to ignore his fact as did the judge who ignored my letter stating that I wasn’t attending unlawful hearing and asked him to throw the case out which he didn’t  

Unless I managed to keep the house mortgage on time and eventually they were forced to offer me a mortgage and I almost completed payments

on that reason I am writing is because I have sent another complaint stating that none of the documents that i held for that era was there any reference to the money they absorbed from my current/business account for the purposes that they say they’re entitled to form of payment towards the mortgage arrears.

Listed is a £1000 charge for legal fees which I’m disputing, another £995 for product failure (no idea what that’s about), additional £35 charges for seven months during which time I was in fact paying the mortgage monthly but there was claiming that it was still in arrears which I know to be irregular, as well as unlawful as I was classified as a vulnerable person. At no point did NatWest follow the lenders code.

They made it very difficult to balance my accounts when I had no account to cash cheques in, they blocked my online access to my accounts so I couldn’t see which invoices were paid and owed and if there were any direct debits I needed to address.

Its now been three months since I submitted a complaint to the NatWest bank asking for details around the above points and I repeatedly get emails and text messages stating that they apologise it’s taken so long to get to the bottom of my complaint and leave a statement that they hope to resolve it soon.

I don’t think this is good enough, and what I could do to push the matter along as I don’t feel they’ve ever dealt with any of my complaints satisfactory always focusing on what I did wrong which never relates to the matter in hand.

Thanking you in advance for your advice 

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please refrain from creating duplicate threads

your thread is here in the natwest forum where it should be.

if our members want to help i'm sure they will post over the coming days.

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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well i tried to make it a wee bit more understandable as 3 large blocks of text is a bit diff for people to read on small devices.

anyway.

i didn't really get very far in actually understanding what you want help with even after that...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Essentially,

after my accounts were closed I was sent LBCA by their lawyers despite the fact the account was under dispute and proceeded to take legal action.

I stated that this was unlawful as the account was in dispute and a SAR application made in January 2016 which still had not been processed at the time of legal action, access to my accounts was blocked overall making this an unfair situation given I was not given access to the same information the lawyers/bank had to hand.

Again, these details pointed out to their lawyers and the court, yet ASCENT LEGAL proceeded with this action and the magistrate proceeded to allow the repossession order.

Furthermore,

at the end of one year where an arrear of a month occurred there was an overbalance in excess of £7000 as overpayment. 

In that same year, in the preceding 3 months before closure, I cleared the overdraft of £15,000 and was in fact not in the red on any of my accounts.

I have asked why on this basis was my mortgage account still regarded as being in arrears and why my accounts were closed. I also have requested that the legal fees of £1000 be refunded as this was clearly an unfair action.

Other points raised:

  1. Why isn’t the balance of my accounts referred to in the ledger; what was the closing balance and where is it credited in my annual statements?
  2. Once the accounts were closed and I had sought the assistance of stepchange, why was my account still charged a monthly fee for late payments which continued for 7 months until a new mortgage arrangement was offered?
  3. A further £995 ‘arrangement failure’ was added without any knowledge that this charge was made and as far as I am aware no such event occurred.

The above complaint was submitted in July 2023 and to date all I keep receiving is notification that the complaint is taking a lot longer than anticipated to answer and are endeavouring to respond as soon as is possible.

I have had 4 of this standard letters and a few texts stating the same.

What can I do to push the matter forward and resolve it given my mortgage is ending in a few months time where there will still be £30k of the mortgage left to be repaid over a 6 month period?

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Sorry but something being in dispute is not a magic bullet against legal action. Esp if its not the same account under litigation.

and they abided by the rules and warned you too by getting Ascent Legal to send a Letter Of Claim.

11 minutes ago, Wizadoros said:

 ASCENT LEGAL proceeded with this action and the magistrate proceeded to allow the repossession order.

no the claimant did. Ascent Legal operate under their orders.

if their claim was not dismissed you cannot demand back £1000 legal fees sadly.

as for any arrears charges, they are unlawful and can be questioned/reclaimed.

to be honest either you are explaining it so or it's far too complex for a forum.

have you not ever involved the FOS?

dx

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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This is what I was eluding too.

I have tried to make a complex story as succinct as possible.

In essence, given the length of time it has taken Natwest complaints department to provide me with a reply other than an apology for taking so long, can I still refer the matter to the FOS without a letter of deadlock? `surely they will just reply, be patient and wait for a response.

It took them 1 year to reply to my SAR and previous complaints have managed to avoid any resolution other than exhausting me so the precedent isn't exactly great.

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Yes you can go to FOS without deadlock due to 3 months since complaint was started without resolution.

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

 

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If you want advice on your thread please PM me a link to your thread

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after 8 weeks from the start of a complaint you can goto the FOS regardless. 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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