Choco V Natwest

[hedgey06]

Nice to 'see' you choco! Well done for getting the fee waived - that's great news. And as for the collections centre, follow Caz's advice cos if anyone knows how to deal with them it's our flumpy! x

[choco]

Morning Choco

Ewwwwwww @ the collection centre - I would simply write to them again! and tell them that they are aware that the amount owed on this account is in duspute and as such they should be freezing all action on it! Remember all the hassle I had lastyear with them? Ewwww well eventually they froze interest and have agreed a suitable repayment plan which finally suits us both but it took 18 letters and a comprehensive complaint and around 8 months of letters to and fro. Hang in there girl you're doing well:D

 

yes i do remember all the problems you had!!

 

Well I spoke to our friend Mrs Earl, she basically refused point blank to freeze any interest/action as apparantly it's going to debt collecters. she told me that if the cases get stayed they could last a year and they would not be freezing interest for that long. I told her I would pay a nominal amount once I had sent them my list of outgoings and creditors to her, she said once once that's received I can pay a minimum of £1, which is good but they are not freezing the interest at all, it has mounted up so much since this started, can you advise me of a letter I can send to them please?

[hedgey06]

can you advise me of a letter I can send to them?

 

Have a look through this thread choco http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

[choco]

Have a look through this thread choco http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

Thnaks Hedgey, very useful that one, I've bookmarked it for future use, I'm gonna need some of them template letters!!

 

Should I send Letter E - When a creditor refuses to freeze interest on your account? As they have actually said once I send my financial statement they will acccept even £1 BUT they wont freeze interest, so really that's the only issue I have with them at the moment....

[hedgey06]

It's definitely worth a try choco. Put your case forward as strongly as possible though - because they don't like freezing the interest. Well, they wouldn't would they! So stand firm on this issue and hopefully you'll get a result. x

[choco]

Morning Choco

Ewwwwwww @ the collection centre - I would simply write to them again! and tell them that they are aware that the amount owed on this account is in duspute and as such they should be freezing all action on it! Remember all the hassle I had lastyear with them? Ewwww well eventually they froze interest and have agreed a suitable repayment plan which finally suits us both but it took 18 letters and a comprehensive complaint and around 8 months of letters to and fro. Hang in there girl you're doing well:D

 

Hi Caz could you advise me on how to address this letter to them then, because I've already sent them a letter saying they're breaching the banking code etc but they're just ignoring it. Earl said, the case could go on until next year so they're not freezing interest until then

[choco]

Here is what I've drafted, it looks like all th rest to be honest!

 

Following a conversation with yourself I have received advice from Hammersmith and Fulham Citizens Advice Bureau and they have assisted me with preparing a Financial Statement by confirming my income and outgoings and this document is enclosed. This shows the offers to all of my creditors, from which you can see that the offer to you is £1 each account, per calendar month. This payment was worked out by them using pro-rata distribution. This ensures all creditors get a fair share of the available income I have after my essential expenditure has been accounted for.

 

As you are fully aware these accounts are in dispute and as such you are breaching section 13.6 of the banking code for taking further actions on an account which is in dispute:

 

We may give information to credit reference/collections agencies about the personal debts you owe us if:

• you have fallen behind with your payments;

• the amount owed is not in dispute; and

• you have not made proposals we are satisfied with for repaying your debt, following our formal demand.

 

This is not the first time I have had to remind you of the prohibited actions that you are attempting to take on my two accounts. The accounts are awaiting a decision from the County Court at present as to whether proceedings should continue with my case.

 

I would appreciate your continued co-operation in this matter.

 

Yours sincerely

[hedgey06]

Looks good choco - spot on. Let's hope they see sense and take notice this time. x

[choco]

Thanx for looking, thats going special del right now!!!

[Caz1974]

Great letter choco......have you had a response at all yet ?

[choco]

It is good isnt it!! lol

No, no reply as yet...

[choco]

well i called the court & when I gave my reference no she didnt even ask what is it regarding she just said "your in 2nd Jan, 2 o'clock"!!!! So i asked her if I was getting a written notification of this, she said it was in the post, i'm sure they only send these letters after you've spoken to them on the phone.....

 

anyway guys my heart is racing, i cant believe its going to court! Ok I need to prepare a court bundle and all sorts now, I'm not prepared I wasnt expecting this at all!! damn, I was planning on goin away for Xmas and now I cant!!

[choco]

Great letter choco......have you had a response at all yet ?

 

yes I did, same sort of reply as before will hold any action until Jan but there is no mention of freezing the interest and charges so i'm going to draft anoher one

[hedgey06]

Choco this is brilliant news . Have they said what kind of hearing it is? Is it to lift the stay? If so, have a look here hun http://www.consumeractiongroup.co.uk/forum/bank-templates-library/114505-bundle-stay-hearing.html And if you need anything else, shout back and we can have a scoot round for you! xxx

[choco]

Choco this is brilliant news . Have they said what kind of hearing it is? Is it to lift the stay? If so, have a look here hun http://www.consumeractiongroup.co.uk/forum/bank-templates-library/114505-bundle-stay-hearing.html And if you need anything else, shout back and we can have a scoot round for you! xxx

 

Hi, I hope it is i still haven't got the letter, as soo as I know /i will be right back here anyway!! In the meantime I did have a lok at the differenet processes for the different types of court hearings, just to familiarise myself with what could happen. I'll keep you posted as soon as it comes, I just want this to be over now!

[hedgey06]

I just want this to be over now!

 

I sooooo want this for as well hun. You've waited way too long to see closure on this - so let's hope it's finally coming to an end for you! xxx

[choco]

well i still hadnt received the letter so i asked them to re-send it and in the meantime i asked for a faxed copy. It says that its a hearing to remove order of a stay!!

 

So just to confirm am i doing everything as it says here?:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/114505-bundle-stay-hearing.html

 

I havent got the letter as yet, if I dont get it by say Wednesday, do you think I should just send bundle to the court and to Natwest anyway, as Christmas and New Year is coming, so I dont want it to get delayed in the Christmas post???

[choco]

Could someone explain this i'm not sure what it means:

 

if your bank has defended purely on the basis of penalty rather than UTCCR

[choco]

Can Anyone Help With The Two Q's Above???

[choco]

Can Anyone Help With The Two Q's Above???

 

...

[hedgey06]

I havent got the letter as yet, if I dont get it by say Wednesday, do you think I should just send bundle to the court and to NatWest anyway, as Christmas and New Year is coming, so I dont want it to get delayed in the Christmas post???

 

Personally, I'd go to the court office and request a copy of the letter saying you're in court in person! You need confirmation that you are in court on the second (court staff have been known to get things slightly wrong!) Once you have the confirmation, get the bundle in to the court/Cobbets asap.

 

With regards to the other Q - my head's still a bit fuzzy from the Manc meet this weekend! Whereabouts in the bundle does it say about PC vs UTCCRs? Is it giving options to include certain documents depending on how Cobbetts have defended the claim? x

[choco]

OK i got the letter and it basically says what it said on the fax: hearing of the claimants application to remove order of stay... etc. there was nothin else with it...

 

i been over in the stays forum and not a single one of them hearings has got anywhere, do you think i should bother going? i was planning on going away over xmas, i cant bear the thought of doing all of that for nothing. i mean theres a lot in there but basically one guy said the court basically told him they are not lifting any stays, i'll try and find the topic and post the link, but it just seems like a no hoper for me.

[hedgey06]

In all honesty hun, the likelihood of them lifting the stay this close to the test case (i.e., it starts just after xmas) are pretty slim. Even major hardship cases aren't having their stays lifted at the moment.

 

I think only you can make this decision TBH. Weigh up whether you feel you can put forward a watertight hardship case and then decide if it's worth pursuing.

 

But if you decide not to go ahead, make sure you inform the court in writing.

 

Sorry that I can't be of much help choco, but I honestly wouldn't want to influence your decision on this at all.

 

(((((((((hugs))))))))) to you xxx

[choco]

In all honesty hun, the likelihood of them lifting the stay this close to the test case (i.e., it starts just after xmas) are pretty slim. Even major hardship cases aren't having their stays lifted at the moment.

 

I think only you can make this decision TBH. Weigh up whether you feel you can put forward a watertight hardship case and then decide if it's worth pursuing.

 

But if you decide not to go ahead, make sure you inform the court in writing.

 

Sorry that I can't be of much help choco, but I honestly wouldn't want to influence your decision on this at all.

 

(((((((((hugs))))))))) to you xxx

 

thanx for that hun, I dont think i'm gonna go tru with it. I'll just write to them and explain that I have a hol booked and as its so close to the date of the test case - (i might add cos they took so long! ) then i'll just wait unitl then, should be ok shouldnt it?? my main worry is that it will affect my overall case, do you think it will?

[hedgey06]

I don't think for a minute that it will affect your case overall hun - the hearing is to try to have the stay lifted, not to look at the evidence in your case as such.

 

Hopefully, we should be able to see a light at the end of the tunnel soon depending on how quickly the test case moves. I hope so anyway, some claims (yours included) have been dragged on for way too long now and it's about time they repaid your charges.