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My bro Vs NAtwest


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My bad as in my mistake, the court date is 16th. Actually I put that already maybe I'd had a few beers and thought I had made a mistake...

 

In any event I telephoned the court and they said to proceed as planned to come in and the case would go ahead IF THEY TURN UP. The lady must have said this at least three times. they also said the onyl thing we can do re me representing him is to fill in a form on the day, is this correct?

 

Once this case is done (whatever the outcome) I'm going to complain to the omubdsmen about the payment proection on his mortgage which did not (protect the payments!) and also point out to the relevent body that the bank didn't live up to the abnking code (shocker).

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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What are you like!!

 

Best of luck for today - I hope the hearing goes well. :)

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Case got stayed until 15th Oct, all other cases prior got stayed too. The banks representative (he was representing more than one!!!) seemed very cosy with the judge but my and my bro were happy to go along with it given my oversight with the court bundle (lets not mention it again).

 

Anyway the gist of it is that we're waiting until 15th Oct at which time we need to get in touch with the court again. The fate of the case rests with the OFT.

 

The banks guy was pleasent enough although he did slightly misrepresent the reasons for the test case.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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Sorry mate - but at least it's only stayed until October, so hopefully the DJ will let the hearing go ahead sooner rather than later. :)

 

Which court did you attend?

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  • 3 months later...

Sorry its been a while, basically bugger all will happen until after the test case. Its a catch 22 because the interest is accumulating but assuming the OFT win and some figure is agreed that might work out less.

 

I've discussed it with my brother and he agrees we'll let it run its course rather than trying to force a hearing which is a risk. Therefore I've filled my time tonight composing a complaint to the Ombudsmen which steers clear of the legality of the charges.

 

The complaint relates to the conduct of Natwest, ignoring the contents of the letters sent and sending out templated responses. Failing to comply with thier obligations under the banking code to deal sympathetically with cases of genuine hardship, ignoring a complaint about insurance taken with the mortgage which did not cover my bro. Oh and farming out the debt to debt collections agencies even thought they know the case is stayed.

 

I know nothing will happen for a while but I feel much better for getting all his frustrations down on paper.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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  • 3 weeks later...

Some DCA's keep contacting him... I'm going to try writing to Natwest pointing out that they clearly work with companies of ill repute. Don't expect it to do any good, just like the idea of wasting a companies resources when they pull this kind of crap.

 

I have sent the harassment letter to all.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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  • 5 months later...

For my own amusement I sent a letter informing Natwest that thier charges are the reason for any current hardship.

 

I also listed the (many) debt collection agencies which have contacted my bro about this 'debt', pointing out threats of enforcement were meaningless.

 

This is thier reply...

 

"We write with reference to your recent correspondence, the contents of which have been noted.

 

Whilst we note that you have disputed the charges and that the court case ongoing, normal recovery action will continue and payment is required.

 

This matter is now in the hands of Equidebt, a firm of Collection Agents acting on the Bank's behalf.

 

Your letter has been passed to our agents with instruction for them to contact you. Alternatively you may wish to contact them... blah blah blah."

 

Now I'm not going to bother writing back to them but I am taken quite taken aback by the content of the letter. It is utter gibberish, the debt can't be enforced because the court case is stayed because of the test case.

 

Basically what they're saying is we understand the debt is in dispute but you have to pay it anyway. This is simply not true, is there any point mentioning this to OFT, FSA? I'm certainly going to get my @$$ in gear and see my MP now, these banks think they can do whatever they want.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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