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    • Just posted up the POC. Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • Here are the Particulars of Claim     Name of the Claimant ? Hoist Finance UK Holdings Limited     30th January 2020 Date of issue 30/01/2020 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/02/2020 + 14 days to submit defence = 02/03/2020 (33 days in total) -   Particulars of Claim   The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given. The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £7939. + £410.00 Court fee + 100.00 legal costs Total amount £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Spoke to them many years ago          
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
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hedgey06

Hedgey v NatWest **WON**

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Hi everyone,

 

I've been reading the threads/faq's/etc on this site almost every night since I became a member (still don't think I've read everything though!!) I've done my SAR ready to send to the Gogarburen address, but............ I'm really worried about sending it off and I'd really appreciate some advice.

 

Basically, I've had an overdraft with Natwest for years now that I pay interest on every month - it crept up while I was working part-time when the kids were younger!! Because of this, I'm really worried about what Natwest will do if I try to claim my charges off them.

 

:confused: Can they really try to close my account? Can they demand that I pay my overdraft off? Can they freeze my account? I don't fancy my chances of getting another bank account at the moment because of the charges that have been racking up on my account every month (e.g., 48p short for a £40 DD = loads of charges plus missed payment on credit card/other DD's = double payments plus late fees = even worse off!!!) I imagine my credit rating is roughly in the region of zilch at the moment!

 

I reckon I've had at least £500 of charges in the past few months alone, and I don't seem to be able to get straight with them because of this. If I claim, will they just try to make a bad situation even worse? I've already tried resolving the situation with them (e.g., turn loan into overdraft/pay extra on top of interest each month) but to no avail- they don't want to know.

 

Sorry if this has been covered elsewhere - I'm just really confused with the whole thing to the point where I feel like I'm going round in circles!!! Hope you can help.

 

Cheers,

Hedgey


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Guest NATTIE

Yes but unlikely, NatWest have no real history of closing accounts because you claim charges. No because they are unlawful. Start the process and keep reading around. When you have the statements please post on here and we will all help you to the next stage. Keep the chin up YOU will be better off soon.

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Thanks Nattie, I've just read your reply with relief! Looks like I need to put a stamp on this envelope and see what happens. I'll keep you posted on here. Here goes!

 

Cheers,

Hedgey


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Guest NATTIE

remember to open an account at another bank, which is referred to here as the parachute account. The charges issue is a fluid one, so better to get an alternative basic account then for it to happen to you. Do not be scared of claiming, thousands have or are in the process of claiming so do not be disheartend and keep going.

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Thanks Nattie. Would I still be able to get another bank account with DD facilities on though, with the state that my Natwest account is in? Sorry if I seem totally green about this, but I honestly feel in awe of the whole process!


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Guest NATTIE

hedgey, everyone does to start with, but most basic accounts do have provision for Direct Debits and Standing Orders. It does take time to be really up on the process involved but slowly but surely by reading other threads on NatWest you will be fine.

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Well given that you've been more helpful than my own bank I'm going to take your word for it Nattie! I've put a stamp on the envelope and sent hubby round the corner to post it before I dither around any longer.... so fingers crossed! Think this will be the best night's sleep I've had for months tonight! Thanks a lot Nattie, I'll keep you posted on progress.

 

Hedgey x


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:smile: Well, thanks to the encouragement that I had from Nattie last night, the SAR has gone in. Thanks for your encouragement Nattie, 'cos I'm not sure I'd have had the guts on my own!

 

The other half thought better (at the last moment!) and decided to send it recorded delivery today rather than posting it off last night! So hopefully the guy up in Gogarburen (right spelling???) should be receiving my little letter tomorrow.

 

After reading through some of the other threads, I'm now looking forward to a few cosy nights in working out my charges (plus interest!) at some time in the near future. With copious amounts of red wine to help me along I imagine!!!!

 

I'll post my progress as it goes on (and on....... and on???!!!). Look forward to hearing from you folks soon.

 

Cheers,

Hedgey


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Guest NATTIE

Goggarburn, I think, but pleased to hear. I used to have a quote on my signature which was from a World War 1 Poet, Wilfred Owen, killed very shortly before the end of hostilities, from Strange Meeting..one of the lines is "I am the enemy you killed, my friend". I work for the enemy but am awaiting your killing, my friend.

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Natttie, you're an absolute star. I was seriously about to call it a day until last night. I'll keep you posted on my 'killing' when it comes!

 

Not sure if it was Napolean (?) who said "the plan is nothing, the planning is everything" (????....... or thereabouts!), but CAG is definitely the place to get the planning in place. I've emailed all my friends and colleagues today, so hopefully a lot more members will be online soon!

 

Here's to Nattie and CAG :smile: ....... and to getting our confidence back!!!!


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Yippee!!!!!!!! Two tatty brown envelopes delivered this morning containing 6 years worth of statements. I was only at home 'cos one of my twins is off school sick! At a glance, seems most of my charges have been applied during last 18 months (not been a great time lately!). So........... I'm off to tot them up! ;-)

 

See you later everyone!

Hedgey x


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hedgey06,

Onwards an upwards for you now. Loads of help available on this site.Good luck.sport-smiley-001.gif


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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Ooooh, the fun starts now Hedgey. Although I bet you will have a total shock when youve totted up the charges. You wont believe how much it is. I didnt. I nearly had cardiac just from the shock of the amount. I honestly truly had no idea just how much it was. Am I bad with money or what ?????? no dont answer that. xxx Fendy xxx


NATWEST BANK CLAIM - £16,100.00 WON

ABBEY BANK - £5500.00 WON

CAPITAL ONE VISA - £1800.00 WON

HUBBYS CAPITAL ONE VISA £2012.00 WON

TOTAL WON TO DATE: £25,400

*************************************************:D :D

NATWEST BANK -CLAIM 2 PRE 6 YEARS- ONGOING

ABBEY BANK -CLAIM 2 PRE 6 YEARS - ONGOING

YORKSHIRE BANK - AT SAR STATUS

HALIFAX CREDIT CARD - AT SAR STATUS

PLENTY MORE TO START LATER.

STRENGTH IS SOMETHING YOU CHOOSE IN LIFE, ITS A CONSCIOUS CHOICE YOU MAKE, YOU ARE NOT BORN WITH IT. YOU LEARN IT.:D :D

 

STRENGTH, YOURE NOT BORN WITH IT, YOU LEARN IT :confused:DUE TO WHAT LIFE DOES TO YOU. :)

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Thanks Parkvale and Fendy - two truly inspirational Caggers! I've got to say.......... how vindicated do I feel right now? VERY vindicated!!!! :D I've been told by Mrs. Rude at Nasty West that I have continuously run my account poorly for several years - only to find that............. no I haven't (so there!!!!)

 

My statements clearly show that nearly all of my charges were racked on during the past 18 months despite the fact I've pleaded for breathing space on the charges issue with them (hubby was ill and on half pay from work). Charges come to £1,105 (peanuts compared to many claims on here I know!). However, a little understanding from the bank that claims to have 'another way' would have gone a long way to avoiding certain financial cock-ups.

 

So............... give me my money back......... now!!!!!!!!!, cos I'm about to join the ranks of fellow esteemed Caggers by claiming my cash back. Here we go folks. :D:D:D

 

p.s., soz for the late post......... sometimes I hate being a community worker!!!!!!!!!!!

 

p.p.s., where's Nattie???????????


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hedgey06,

It does not matter whether the amount claimed is £10, £1,000 or £10,000 it's still rightfully yours to claim. Nat West show no sympathy in their greed to gorge themselves on your money. You will win in the end, and they seem to settle quicker with smaller amounts. Have a look at this might help you;

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

  • Haha 1

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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Hey Hedgey, nobody could be worse with money than me. Im proper bad. Or was should I say. Ive cleaned my act up immensely since my bad times 3-4 years ago. But regardless, it still remains they took advantage of you at a time when you needed help, not charges piling on. Thats what they do. The did it to me when I got made redundant, and was hugely mammoth like pregant at the time. They dont know the meaning of the word MERCY or HELP. Plain kindness to other human beings costs nothing, but for being treat totally sh*ttily by the Natwest you even have to pay. I have a good feeling on this one. Make sure you send your letters to Mr. Stuart Higley himself, and I will bet the contents of my penny jar on this that they settle either at prelim or LBA. I will bet honestly. Good Luck anyway. Its your money remember. Youre only getting back what is yours in the first place. GO FOR IT. AND DONT LOOK BACK AT ANY POINT. ITS YOUR MONEY.

 

FENDY XXXX

  • Haha 1

NATWEST BANK CLAIM - £16,100.00 WON

ABBEY BANK - £5500.00 WON

CAPITAL ONE VISA - £1800.00 WON

HUBBYS CAPITAL ONE VISA £2012.00 WON

TOTAL WON TO DATE: £25,400

*************************************************:D :D

NATWEST BANK -CLAIM 2 PRE 6 YEARS- ONGOING

ABBEY BANK -CLAIM 2 PRE 6 YEARS - ONGOING

YORKSHIRE BANK - AT SAR STATUS

HALIFAX CREDIT CARD - AT SAR STATUS

PLENTY MORE TO START LATER.

STRENGTH IS SOMETHING YOU CHOOSE IN LIFE, ITS A CONSCIOUS CHOICE YOU MAKE, YOU ARE NOT BORN WITH IT. YOU LEARN IT.:D :D

 

STRENGTH, YOURE NOT BORN WITH IT, YOU LEARN IT :confused:DUE TO WHAT LIFE DOES TO YOU. :)

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Hi guys - think there's a good chance I may be going mad :mad: (not angry mad - but was the only 'mad' smilie I could find!) Done my spreadsheet - finally. But can't quite work something out (???) If I get charged an unarranged borrowing fee on a certain date, don't I have to have incurred a charge (e.g., paid referral/unpaid DD) or have gone over my O/D somewhere along the line?

 

Got loads of unarranged borrowing fees on the copy statements but no actual reasons for them. Just as an example, had a UBF of £14 on 30/04/2003 but hadn't had an actual charge since 08/02/2002. Please tell me there's a logical explanation for this and that I can't see it 'cos I'm tired and grumpy!!!! Hope someone can help xxx

:confused:


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Doesnt make any sense to me Hedgey. Cant see any reason for it especially since you had an overdraft in the first place, and you dont seem to have any record of having exceeded it in eithr the Feb or March or April to have been charged it. I think this is one for nattie perhaps. He being NW staff might be able to shed some light on it. I would check with him. Fendy xx


NATWEST BANK CLAIM - £16,100.00 WON

ABBEY BANK - £5500.00 WON

CAPITAL ONE VISA - £1800.00 WON

HUBBYS CAPITAL ONE VISA £2012.00 WON

TOTAL WON TO DATE: £25,400

*************************************************:D :D

NATWEST BANK -CLAIM 2 PRE 6 YEARS- ONGOING

ABBEY BANK -CLAIM 2 PRE 6 YEARS - ONGOING

YORKSHIRE BANK - AT SAR STATUS

HALIFAX CREDIT CARD - AT SAR STATUS

PLENTY MORE TO START LATER.

STRENGTH IS SOMETHING YOU CHOOSE IN LIFE, ITS A CONSCIOUS CHOICE YOU MAKE, YOU ARE NOT BORN WITH IT. YOU LEARN IT.:D :D

 

STRENGTH, YOURE NOT BORN WITH IT, YOU LEARN IT :confused:DUE TO WHAT LIFE DOES TO YOU. :)

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Thanks Fendy - at least I'm not going mad then??!! :grin:


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Guest NATTIE

Unarranged Borrowing Fee, charged at the end of the following month. Why? for exceeding an agreed or unagreed overdraft. Has nothing to do with if you have an unpaid item or referral fee(which is payment of an item that takes you £26 or more over the aforementioned agreed or unagreed overdraft facility). That should help. Do i bow now or later?!!

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Not so fast Nattie! Am querying it 'cos I didn't go over my overdraft (not even by a penny!) and didn't get any paid referrals/unpaid DD's or anything. Just got the charges :confused: Wondered (as I'm inclined to to do!) if there are some actual charges missing from the copy statements? I know I'm slightly mad, but don't think I'm a fully fledged butterfly catcher (yet!!) Darn it!!!


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Just a thought. Have you tried ringing Nasty West to actually ask them to clarify what it was for. Might be an interesting conversation. Write down exactly what they say, because it might be me being dumb blonde ish, but I just cant see any justification for it at all. ??? Hedgey,, ring them, and listen to what they say, explanation for it. Would be nice to hear them stammering if they dont know why wouldnt it. ???? Go on, make em squirm. lol xxxx


NATWEST BANK CLAIM - £16,100.00 WON

ABBEY BANK - £5500.00 WON

CAPITAL ONE VISA - £1800.00 WON

HUBBYS CAPITAL ONE VISA £2012.00 WON

TOTAL WON TO DATE: £25,400

*************************************************:D :D

NATWEST BANK -CLAIM 2 PRE 6 YEARS- ONGOING

ABBEY BANK -CLAIM 2 PRE 6 YEARS - ONGOING

YORKSHIRE BANK - AT SAR STATUS

HALIFAX CREDIT CARD - AT SAR STATUS

PLENTY MORE TO START LATER.

STRENGTH IS SOMETHING YOU CHOOSE IN LIFE, ITS A CONSCIOUS CHOICE YOU MAKE, YOU ARE NOT BORN WITH IT. YOU LEARN IT.:D :D

 

STRENGTH, YOURE NOT BORN WITH IT, YOU LEARN IT :confused:DUE TO WHAT LIFE DOES TO YOU. :)

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Fendy, why aren't I thinking as straight as you are?? Think I'm having a blonde week - and wouldn't mind but I'm a brunette!!! I'll give Mrs. Rude at Nasty West a little tinkle. Thanks Fendy, you're a star, and Nattie.......... you can take a bow, given that you're not just a star - you're the coolest guy on the site! x :p


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Guest NATTIE

there is another explanation which is that maybe a cheque going in and something going out which could be that while the balance is showing in credit the cleared amount is not.

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Hmmm.... was you listening in on my telephone conversation today Nattie? That's exactly the explanation I was given today! Feel a bit of a prat actually, as if you look at the statements closely enough, it does add up in the end. I'm just off to wash the egg off my face!!! :D


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