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    • Yes almost Stature Barred. Which means? So basically I wait and see what happens?  Yes i believe so and is this a new 1 upon you guys? 
    • Should have ignored them from day one    Never give them pers financial details only a judge can demand said    Send them a cca request They'll never have a signed agreement. Bye bye debt   dx    
    • As far as I'm aware the local council don't have any information on the land. I will tell her to get some legal.advice about it. Thanks for your advice it's much appreciated 
    • Hi I would welcome some advice please.  I have been a CAG member for some time and you have helped in many ways.   Way back in October 2007 I took out a loan with Black Horse Finance for £4,000 to pay for a new central heating system that I was forced to install when I had to move into an old mid-terraced house.    The problems with this house got worse over the years and in October 2012 the account was assigned to MEIV who traded under the name Marlin. Also at that time my affairs were being handled by a Debt Management Company.  This company, Money Worries, subsequently disappeared with the MD being chased by Greater Manchester Police.    There followed a long and painful period with Marlin whereby they constantly stated there was no payment plan and I stated that there was.  They claimed no payments had been received and it was down to me to try and sort the mess out.  I said at the time that I would maintain the same payment as I had been to the DMC which was £12.25 per month.  I implemented a Standing Order to this effect.    Marlin, of course, wanted an Income / Expenditure form so they could (obviously) try and pressure me to pay more.  I wrote to Marlin saying their actions could amount to harassment but they continued to maintain there was no agreement and passed the account over to their so-called "solicitors", Mortimer Clarke.   in April 2014 enter Mortimer Clarke who were still, like Marlin, just agents.  As 'solicitors' they started threatening legal action, enclosed an Income / Expenditure form and demanded that I fill it up - effectively disclosing all.  A month later they wrote saying their 'client' had told them to start legal proceedings but actually nothing happened, maybe because it was already beyond 6 years.  They threatened CCJs and credit being "impacted" etc.    I discover that Marlin had actually increased the debt by £500 by slapping on punitive interest. After finally getting them to realise that there was a plan, whether they liked it or not, they removed the interest. I then made a reasonable offer, I felt, to increase the monthly payment to £20.  They came back again demanding their sacred Income / Expenditure form.    thanks to CAG I informed them about 'reasonable' offers of payment and Court Protocol rules and just went ahead and implemented the £20 a month. Back they came saying the offer had been accepted on a "concessionary" basis - whatever that's supposed to mean. In March 2016 they seemed more reasonable and continued the £20.   In October 2018 they try their tactics again and I respond with a strongly worded letter about harassment and follow through on my telephone promise to increase the monthly payment to £25.  Surprise, surprise, this is accepted!  All is then peaceful and calm until February this year when they start again.    As things are somewhat better for me the monthly payment is increased to £60 but now in September they're back again.  Now I know you will say I'm foolish but this time I completed their damn Income / Expenditure form but again, foolishly, I gave them figures based on our total family income.  I am retired as a full-time carer to our disabled son.  My wife is in paid employment but wants to build up savings to start a business idea that she has every chance of succeeding in. I gave them global figures for total Income and Expenditure as how much pocket money I give my son is of no relevance!   They are now saying on the basis of the figures I gave them that I have £494 disposable income and that their 'client' (i.e.MEIV) wants the monthly payment to rise to £345.80.  I am furious.  They have given me 14 days to accept ......or else!!      I am thinking I should do a new IE form based solely on my income and the expenses I pay each month but I thought I would come to you guys first.  If this were to go through it would leave us, as a family, with not much over a £100 to cope with emergencies.   Many thanks in anticipation.    
    • Has a check been made with the local Council Authority regarding the land ?   Usually Councils will have charts showing the land/boundaries in their area.   I know local to where I live there is land with disputed ownership, as documents are missing. There is then a claim process through land registry which you are going through. Because the land was not claimed or part of the property purchase 5 years ago, I believe that land registry are correct, that the landlord would have a 12 year period in which to register a claim for the land. Land registry won't as far as I know actually contact the landlord to make them aware. It would be up to landlord to find out.   There may be a process for there to be an agreement made between Mum and landlord now. Depends on how reasonable the landlord is. But there may be a cost involved in this process drawing up legal agreement for landlord to waive any rights to claim ownership of the land.  Seek formal legal advice from someone qualified to see if this is possible and if so how much legal fees would be.
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Cybergypsy Vs NatWest


cybergypsy
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My 14y/o (13 at the time) son got charged somewhere in excess of 100 pounds by natwest in o/d fees last year. I don't have the statements.

 

We'll Ignore for the moment the fact that it's not supposed to be possible to have an O/d on the type of a/c he had and you're also not supposed to be able to setup d/d's on it. They let paypal and other companies set them up.

 

Now does he have to be the person writing to them, taking them to small claims etc or do I have to do this due to his age.

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I wouldn't forget the fact that they have charged him, if i am not mistaken isn't it a criminal offence/illegal to give credit to a minor??

 

I'm not. But which one of us needs to do the writing.. a

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I would say it is okay for you to write on his behalf, however i am not sure what process is involved thats why i have bumped this up for someone else to have a look at. also have a search around the site to see if someone else has had a similar problem and what course of action they took too.

Ex CAG helper ^_^

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Found one here re underage: http://www.consumeractiongroup.co.uk/forum/natwest-successes/18803-pre-lim-letter-under.html?highlight=underage

 

I remember my sister getting charged when she was under 18 and my mum simply went into the branch and said that it was illegal for them under the Consumer Credit Act to give credit to a child, they promptly refunded her and put an extra £20 in her account.

 

Have you tried to contact anyone re this?

Ex CAG helper ^_^

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Well if it were me i think i would go into branch and ask them to refund as the charges are not simply unlawful but illegal, if they don't seem to want to comply then tell them you'll be in touch via letter to make a claim against them.

Ex CAG helper ^_^

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It's a long story but one that may help. I'll be brief.

 

Natwest allowed my stepson to draw funds - £450 in all - against an uncleared cheque which was subsequently stopped by the payer. Net result is we have a 13 year old with a £450 overdraft.

 

A couple of letters to Natwest after they started threatening him and they conceeded that "we cannot and will not pursue a minor for recovery of the debt" and they wrote off the overdraft and restored his account to a 1p credit balance.

 

If you need me to dig out the exact wording of the letter they sent I can do but a single letter down the CCA route should do it.

 

Paul

Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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Well if it were me i think i would go into branch and ask them to refund as the charges are not simply unlawful but illegal, if they don't seem to want to comply then tell them you'll be in touch via letter to make a claim against them.

 

Tried that last year when they arose without success so ended up paying them myself and closing the account.

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A couple of letters to Natwest after they started threatening him and they conceeded that "we cannot and will not pursue a minor for recovery of the debt" and they wrote off the overdraft and restored his account to a 1p credit balance.

 

If you need me to dig out the exact wording of the letter they sent I can do but a single letter down the CCA route should do it.

 

Paul

 

I'd be interested definitately.

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It might take me a day or so but I'll find it for you. I know I've got it because I saw it recently while I was looking for something else.

 

I'll get back to you asap

Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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here is a lovely gem that no one has had so far. It is called the Minors Contract Act(1987).

LawTeacher.net |

 

Also the banking code clearly states that credit cannot be given to a minor.

Overdrafts are governed by the CCA as well and you have to be 19 for credit to be given. Quite a few things for an instant refund

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here is a lovely gem that no one has had so far. It is called the Minors Contract Act(1987).

LawTeacher.net |

 

Also the banking code clearly states that credit cannot be given to a minor.

Overdrafts are governed by the CCA as well and you have to be 19 for credit to be given. Quite a few things for an instant refund

 

Thanks for the MCA reference.

 

Just read the banking code at The Banking Codes Standards Boards and can't find it mentioning that.

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