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    • I apologise if I was being unclear. Where it currently stands is that they will have it repair, placing scaffolding in our garden for 5 days. They have moved fast, but we will still have to postpone our contractors, meaning, we won't necessarily have the work done in time for the wedding and therefore will incur additional expenses for either a marquee or a wedding venue. They are vehemently against having any kind of liability in any regard but continue repeating that they are legally entitled to use our garden for their repairs (I believe this is true unless the work can be carried out using a cherry picker). The neighbour seems either indifferent or oblivious to the fact they can't reach all of the side of the roof from the space where they can place the scaffolding. They have asked their roofer of choice about using a cherry picker but the roofer has said it wasn't possible. It's not clear whether the roofer doesn't want to use a cherry picker or whether there is an issue with it. They have told us it is a problem that we are installing a gazebo as it will prevent them to access their roof from our garden in the future?!?  
    • Couldn't agree more, really wanted a true ruling on this just for the knowledge but pretty sure the Judge made some decisions today that he didn't need to?.. maybe they all go this way on the day? We hear back so few post court dates I'm not sure. Each Judge has some level of discretion. Their sol was another Junior not even working at their Firm, so couldn't speak directly for them! that was fortunate I think because if she would have rejected in court better, she might have  been able to force ruling, we are at that point!, everybody there!!, Judge basically said openly that he can see everything for Judgement!!!  but she just said "I can speak to the claimant and find out!" - creating the opportunity for me to accept. I really think the Judge did me a favor today by saying it without saying it. Knowing the rep for the sol couldn't really speak to the idea in the moment. Been to court twice in a fortnight, on both occasions heard 4 times with others and both of my claims, the clerk mention to one or both parties "Letting the Judge know if you want to have a quick chat with each other"! So, it appears there's an expectation of the court that there is one last attempt at settling before going through the door. So, not a Sol tactic, just Court process!. Judge was not happy we hadn't tried to settle outside! We couldn't because she went to the loo and the Judge called us in 10 minutes early! - another reason to stand down to allow that conv to happen. Stars aligned there for me I think. But yeh, if the sol themselves, or someone who can make decisions on the case were in court, I would have received a Judgement against today I think. She was an 'advocate'.. if I recall her intro to me correctly.. So verbal arguments can throw spanners in Court because Plinks dogs outsource their work and send a Junior advocate.
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    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
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Fendy V Natwest 16.1k. Anything I Can Do About The Shoddy Envelopes Used By Natwest.


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Was just wondering. Have seperate thread on Fendy - v- Natwest about my case, but this is a bit of a seperate issue here. Need advice. Have been reading thread by Toilet Bandit again, what a legend, and I pretty much had exactly same scenario about my statements. I asked for them, there was approx, 600 of em, and they did finally arrive in huge very tatty brown envelope which had been patched up by royal mail and put in one of their bags that says sorry but your item got damaged in transit etc. etc. so we had to put it all in this big bag to keep it safe, and they were delivered to me by my lovely postie who recognised the name and address straight away when it came through Keighley sorting office, and thus tried to repair envelope as best he could. Long story, I e bay a lot and so am on first name terms with most of the posties down there, they know me well. But was terribly miffed that Natwest could send so many statements out to me in such a pathetically packed way, and not even recorded or anything. I mean, anybody out there could now have my statements. There is a whole 12 months missing. And its the last 12 months, i.e. the most recent. On account of I couldnt be bothered waiting another 40 days for the missing statements and luckily I already had copies of the last 6 months in my files, I always keep em 6 months before shredding em, meant I actually then only had 6 months missing, i.e. January 06 to July 06. I was pretty solvent mostly round then so I dont expect there were many charges during that time, so in the end I decided to pursue my claim with those 6 months worth of statements missing. I told Natwest this. They didnt care basically. On reading Mr. Toilet Bandits posts about him complaining to his MP about the shabbiness of the envelopes they use to send these out in, and the fact they are putting their customers at risk of identity fraud by sending them out in such a ridiculously packaged way, is there anything I could further do to bring them to task over this, Natwest I mean. I mean his problems with crappy envelopes were back in Spring last year, and almost a year has elapsed since his complaint to the bank and his MP about the envelopes theyre using for this, and he was promised they would sort their act out and use better envelopes. Well its still happening, almost a year later. The state mine arrived in was despicable. Natwest confirmed they had sent my last 12 months worth of statements in with the bundle I received, but they are all definitely missing. Can I do anything about this with natwest do you think, i.e. sue them for putting me at risk of identity fraud because my last exactly 12 months to the date worth of statements were missing, and they sent them, so theyve definitely been stolen in transit. Any suggestions anybody. ????? I know this is a seperate issue to my claim but any ideas on what I can do to bring Natwest to task over this. The fact they promised Toilet Bandit they would do something about their envelopes and the way they send the statements out, and clearly a year later they have done diddly squat ???

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Come back Mr. Legendary Toilet Bandit. I could do with a word on this one. xxxx Like how to complain to my MP and copy Mr. Letwin on this to show them Nasty West have done naff all about protecting their clients confidential papers etc. and have just continually opened us up to identity fraud. They told you and Mr. Ollie Letwin a year ago they would change envelopes and do more to protect their clients identity and stuff, and what have they done. NAFTY NUTS ALL. xxx help. I want to make them pay for this.

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I had a similar experience. Luckily I have quite nice local tellers. The lady called me to tell me that they had arrived adn I picked them up at the branch. There were the full 6 year complement but the envelope was very shoddy and I can only wonder if they sent those statements to my local bank via the mail also. If htey had then as you say, ANYONE could have those details.

 

Considering that these statements are being sent out in response to a DPA letter it's kind of ironic and not a little bit inappropriate for the banks to be doing this.

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Im just dumbfounded at how they can do this and get away with it and not brough to task over putting their customers at risk of identity fraud purely by their couldnt care less actions. Help Nattie. Is there anything I can do.

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Fendy, try this for your MP.http://www.consumeractiongroup.co.uk/forum/bank-templates-library/114-template-letter-your-member.html

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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Thanks Parkvale. Right, Im also on a mission to try and get them to stop putting peoples info at risk. They are not fit to practice banking as far as Im concerned. We get all the sales pitch from them about protecting our identity, and do we want to pay 60 a year to cover this blah blah blah, and then they send my bl**dy statements in such a way that joe bloggs and the entire world can become me if they so wish. Its just not on. Im insensed by it. This was kind of a side issue really but once I read Toilet Bandits thread on this, I thought, OMG they promised him a year ago they would stop doing this, and clearly they havent stopped. Im sending off that letter to my MP Parkvale tomorrow. Thank you so much for finding it for me. I want not just my money back but I want to shake them up to stop sending peoples private personal information out in such a shoddy manner. This is lives were talking about. Just what if somebody managed to clone my card, become me, etc. etc. etc. I wonder if Natwest would cover me against fraud on my account when its clearly their fault. Humm, could have a field day with one in court Im sure. xxx

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Fendy,

Its a pleasure :D You must be exhausted all the work you have put in today. ;)

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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Its actually my day off. I only work three days a week, two kids at school, and so Im making the most of my days off getting completely to grips with this process. Any time I can put in, in finding out anything at all to help my case is time well spent as far as Im concerned. I could be out gardening, which I would prefer to be doing, but Im a woman on a mission at the moment. I cant really think about anything else at the mo except sorting this out and making sure I win. I dont want to give anybody judge or cobbets or natwest any way of getting out of paying me on this. Im hoping to use the money to a) bale my mum out of a hole, b) use it as a deposit on a buying a holiday home in france and c) donation to this website, and d) whatevers left, nice slap up posh dinner and lovely local fave restaurant for the family. To celebrate. Just hope I can. Fingers crossed. xxx thanks so much for posts to date and help. Really very very much appreciated. Everybody is so lovely on here and so eager to help. Its brilliant. xxxx

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Fendy I wrote to watchdog via email lastweek regarding the way they send out statements , my friends came in a see through post office bag too! Watchdog keep going on about statements in bin bags and I think this is worse,think of all the hands the statements pass through and my postie looks dodgey anyway:rolleyes: I think we should all bombard watchdog with emails and if enough of us complain they may step in and fight the good fight on t.v. and the banks don't like that

NatWest : £857.00 won! March/07

Natwest : Witholding my statements & adding defaults etc , S.A.R sent Jan/08

Natwest for my partner : £2,101.00 won! Feb/07

Studio Cards : Refund for admin charges £108 Won! Dec/07

Complaint made to FOS for P.P.I Jan/08

Nationwide: S.A.R - (Subject Access Request) sent for statements Nov/07 ( waiting to see what happens in the OFT test case )

Littlewoods : defaulted on CCA request Feb/07

DCA's that crawled out from the woodwork and have crawled back : 28 so far!!

My favourite link on CAG:

Click here: Can't Find What You're Looking For? Here's A Complete A-z Index - The Consumer Forums

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My statements came in a shredded brown bag too Fendy - it's amazing how they can manage to send out letters to tell you they're taking all your money off you in stupid charges come in pristine condition! I know they are usually smaller packages but they sometimes have heavier leaflets in (trying to persuade you to take out a loan with them!). I, like you, do a lot of Ebaying and the postie knows me, my daughter and my dog but like you say, so could anyone now!! And, I set up a standing order to go to my daughters account every month so those details are on there too.

I don't really know how these things work but could we not get a petition going and send it in to Watchdog/ the PM etc.

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Im with any ideas on this one. Im gonna write to my local MP about this and to parliament, and will also write to the Natwest and give them chance to defend themselves on this issue too. But Im utterly disgusted they can treat customers like this. Knowingly put them at risk of identity fraud. My postie said, Oh we get loads like this from the banks, youre not the first and you wont be the last. Its despicable. Theyre the ones preaching on about identity fraud and encouraging us to take our protection plans etc with them for £60 quid a pop, and yet theyre the ones putting us at bl**dy risk. Im just apalled beyond belief. I dont know if I can do anything about it, but Im certainly going to try, and Im going make a right old nuisance of myself too with my MP and Natwest about it. They will get sick of hearing from me at the end of all this. Ive had to subscribe to a credit reference agency to look at my file for a whole year now based on the fact that due to Natwests incompetence, a whole last 12 months of statements have been stolen, and Im at risk now so I have to keep checking my credit file to ensure that nobody out there is getting credit, loans or whatever in my name. Its a nightmare this whole thing it really is. All because of NW. Nobody else, them. I will keep adding to this little post because Im not gonna let them get away with it. Its really bad treatment. Theyre gonna wish they never met me after this.

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Fendy,

I admire your determination and strength over this. I fear the bank will blame the post,

and the post will blame the bank. Nat West's cynical methods of practise, (like sending statements in normal post.) is undeniable wrong. One thing you can be sure of at this moment in time, they are getting a bloody nose over refunding these penaly charges. At the end of all this they will have to change their ways." Live by the sword die by the sword. " :rolleyes:

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 I love your posts Parkvale. Theyre always so full of gut emotion. Lovely. I was reading Toilet Bandits threads again last night, what a guy, and nearly a year ago, he reported this same thing to his MP, who is a guy with some clout in Westminster, i.e. Oliver Letwin, so the peeps close to the Prime Minister are already aware of this matter from nearly a year ago, and in one of his letters he received from the bank, (Mr. Toilet Bandit), they promised to clean their act up on the envelopes they use for this, and clearly they havent. Could I not use this reference to this incident last year and Mr. Letwin being notified etc. about it, to tell my own MP and parliament about this practice and the fact that the NW have done diddly squat about it. So much for fair trading, operating in such a manner as to do right by their customers. Hum...... Im horrible I know, but I just want to make them pay in some way for putting people at risk like this. I could try and get them to give me free identity fraud cover for 5 years or something. Worth a try. Im gonna ask. If you dont ask, you dont get. Lol.

 

Love your posts though. Keep up the good work and encouragement to all the peeps on here. It really does make a difference. Ive never felt so fired up. xxxxx

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Fendy,

I have not read toilet bandits thread, but i bet their all full with guts and motion. Sorry i meant emotion. ;) You go for it and mention everyone, and show them we mean business up here in Yorkshire action-smiley-033.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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Aha, a fellow Yorkshire Person. Brilliant. We have more soul than the rest of the UK put together. But Im biased of course, lol. xxxxx If you want a really good read, its like a book, but its soooooooooooooo funny and clever, read the threat by toilet bandit. That man should be running for Prime Minister. Hes both clever, funny, and normal. What a man. xxxxx Seriously read it. Its fantastic. Inspirational to anybody, but god its long, it took me about half an hour. xxx

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Just wanted to add, have another letter to Mr Lovely Higley, and also my local MP about the state of the envelopes etc. also advising Mr. Higley of my disgust that 12 months worth of statements have been stolen in transit due to the crappy way in which they were packed, and basically telling him if I get ID fraud on my account its HIS FAULT. or His banks fault anyway, and if I do, then I will be sueing them for that too. WAtch this space. I hope to god I dont get any id fraud because of this. Im curious to see what his reponse will be on this one. Different Im sure. xxxx Fendy x

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Guest NATTIE

You could write to the bank asking them to change their stationery suppliers. I do know the name but I think i would be edited for naming names, unless a Moderator or Site Helper can clarify that point

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Hum I think Im just gonna ask Mr. Higley directly whom they use for these disgraceful envelopes. To be honest with you theres nothing wrong with the envelopes Per Se, if they are only sending out say 30 statements or something, they would do the job perfectly adequately, but all Im referring to really is the bl**dy incompetence of whomever sends these statements out. All it takes is a bit of good old fashioned basic common sense, which just isnt being employed in cases where they have over a hundred statements to send out to somebody. I mean, I had 600 in two big thick piles, shoved into a plain brown manila A4 envelope, and then they wonder why its busted open and over a years worth of statements missing when I get them. I mean, it doesnt take a genuis at the bank to realise when theyre putting the statements into the envelopes, that a) they dont fit properly, b) the envelope is way to flimsy to support over 600 statements in it and c) they must realise its going to burst open and reveal one of their customers personal private contents to the world and his brother. Im just lucky I have a brill postie who knows me well and helped patch the envelope together for me once it reached my local sorting office, and brought them to me personally straight away. He did report he thought the envelope had been messed up already by somebody and that some of the contents he believed were missing purely because they were all hanging out when he found them. I mean, were not asking for any kind of special treatment, we just want our personal private property containing very useful info to any fraudster to be taken care of and despatched properly and with care to the recipient. I mean, do they have bl**dy monkeys working in the postal department of Natwest,, who just stuff envelopes all day without a care or mind for any kind of common sense ??? Makes one wonder. Thanks Nattie, I will be asking if they use Jiffys or something for large quantities of statements in future to prevent this happening. Although I think, and I may be wrong, this is not an accusation, but I do believe the NW dont give a chuff about this. I think once you request your statements they know exactly what youre going to be doing with them, i.e. claiming charges, and hence dont care if some go missing or get man handled, hence why they keep sending them out in this shoddy way. Its a kind of S*d You to the customers for asking for them in the first place. But this is only my opinion. Not fact of course, lol............ I would hate to think that Natwest would think Im accusing the of putting their very very valued customers at risk. LOL. N O T........ Fendy xx

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Ok here we go again,

Its time to fight for rights of men

Were sick of being treated rough

And made to feel our claims are duff

 

All we want is whats just and fair

But really the big banks just done care

So off to the courthouse we will go

To fight injustice and claim our dough

 

All we want is good old fair play

But the banks dont want to play today

They want huge profits at our expense

So line them up to start their defence

 

One day just one may get our day in court

To express our knowledge and all weve been taught

On CAG, our friends abound

To encourage us not to run aground

 

Its such a brilliant friendly place

we knows the names but not the face

But help is always there on hand

So forward we go to claim as planned.

 

Its really not about money and greed

Its about the children and families were trying to feed

The money theyve fleeced in profits from us

Has robbed our families as stealing does

 

I know that techically its not stealing

But it leaves you feeling with the same sort of feeling

Like weve been robbed, and violated in some way

So now its time for the customers to have their day.

 

Just something to keep us all going and give us a giggle if were flagging on the path to claiming, because it does take it out of you and fair old gets the nerves on edge for a while.

 

Best way is read read read all the FAQ's, theres loads on there we all can use.

 

Keep smiling peeps. Its all good, and the work is worth the result. Fingers crossed for all of us, but everybody do our homework, its no walk in the park.

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lol, well having spent the last couple of hours reading threads, I kinda got a bit bored after a bit so let my mind wander. Lol. xxx Yep, this claiming lark can get to one after a bit. lol. xxx and Im at the in betweeny waiting stage, so had five minutes to kill whilst I pondered more threads.

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Hey Fendy...... you go girl!!! Luv the poem, I had a proper giggle at that one! Gotta say....... I totally agree with you, cos I'm addicted to this lark too!!! Keep postin'!! :D

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