Mike vs Natwest

[Guest NATTIE]

mike, charges issues are dealt with via Customer Relations Unit Borehamwood. I have to say I have missed some posts on this thread so apologies if this is what has already happened

[The cobbett slayer]

Mike

 

With regard to the lost loan agreement, I would assume that Natwest will rely upon this in court so it's quite significant that they can't find it and that you don't have a copy either. Obviously it raises the issue of whether it ever actually existed.

 

The fact that they loaned you the money isn't in doubt so it doesn't really do anything for that but there is no copy of the terms on which it was loaned and apparently no legal agreement.

 

I suspect that it will be one for a judge to make a decision on but the absence of an agreement can only make things harder for the bank.

 

Paul

[Mike1106]

Well things are starting to move now, on the bank charges front I have just rec'd an offer of the full amount claimed (£3500) it only took 4 weeks!!

In respect of the ongoing court battle, my request for info under CPR18 has not been met, the reply I had was a load of rubbish, I wrote back to Natwest's solicitors informing them of this and copied the court as well. Further to this although Natwets are suing me they have not filed their AQ (SHOULD HAVE BEEN DONE BY 15/01/07). The judge is not a 'happy chappy' and demanded they file by 22/02/07 or their claim will be struck out.

As far as loan docs go, I have not rec'd them but did receive a type written break down of amount, interest and insurance costs etc, which I had already worked out myself, anyway it is insufficient as I want to see in writing with my signature exactly what I had agreed to. Am I being unreasonable?

[Mike1106]

I haven't posted for a while as things have been pretty quiet, they are now starting to heat up again. For those of you that have read my thread you will know that Natwets were originally suing me for £20,400 (made up of a consolidated loan and o/d), they have since offered a reduction of over £11,000 making the new balance in the region of £9000. They arrived at this figure by:

A) Deducting almost £2,000 in early settlement charges that they put on the 2 consolidated loans. This was after I had pointed out that they shouldn't be allowed to charge an early settlement fee when the loans were consolidated on their advice.

B) Deducting £3,500 (penalties etc on current account)

C) Knocking +/- £5,500 off interest and insurance if paid in full.

My argument is that if I had not disputed the £20,400 then they would have quite willingly taken that amount, which included the £11,000 they wre not entitled to.

The case has since been moved to Cardiff County Court and I now have a date of 16/04/2007 for a telephone hearing.

I have sent a letter to Natwets solicitors stating I believe I owe them just under £5,000 an amount I would owe if the loans etc were not consolidated.

My previous request for info under CPR 18 has not been met, and there is no loan agreement. I can only beleive that there is no agreement as I certainly would not have agreed to consolidating if I had know the true cost at the time, (at the time of consolidation I owed Natwets £14,000 - 2 loans and o/d, taking the loans to their full term) after consolidation this amount went up to £23,262, a massive £9,000 differnce purely mad up of interest and insurance on the new loan.

Question - does anyone have any advice or experience with telephone hearings?

[newward]

Hi Mike - how did you finish up with this?