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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the xx/xx/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the xx/xx/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, xx/xx/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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Ian V's Natwest


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Dear all,

I thought I should post a thread as I have both come through the main steps in trying to reclaim but am not also at the point where I will need some help.

I sent Natwest all relvant letters to Natwest and after no success I filled a claim for £756 (including the interest). Natwest acknowledge the claim within a couple of days although no further response has been received and now the 28 days have elapsed. So.. What should I do?

I have read a couple of string and articles on here which suggests writting a letter to the bank telling them that this is their last chance and that they should cough up OR simply ask for judgement by default. When reading some of the posts in the Natwest area I see RBS (owner of Natwest) posted a cheque to someone after the default was issued to the bank so why should I believe another leter will work?

Either way, I've decided to wait a little longer (early next week) and send them the letter but do I now send this to natwest or the solicitors detail I have acting on the case on their behalf?? After no reply I then intend to ask for a default judgement.

I would be very interested if anyone has any comments on my case. I apologise if I have not given enough details although all initial stages and letters were taken from the template letters on the site.

Thanks!!

Ian

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Give it another week then ring the courts and ask about judgement, or what they think would be best step. The staff at courts are brilliant. Utterly fantastic......... some people on here would say,, go for judgement, others would say hang fire for a week or more because the last thing you want to end up with is a stay or set aside whilst the judge gives them more time to submit defence, that just delays things even longer. I would wait an extra week to see if their defence turns up, because they always always always submit with about 24 hours to go, and if it hasnt been submitted in another week I would ring the courts and take the staff advice there that they give. Theyre pretty good and can be relied upon to give good advice.

 

All the best. Fendy xxxxxxxxx

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Thanks for your reply Fendy!

 

I have decided to write them a letter as described in the post below and have given them until next Monday to pay up, or else. I have not yet requested a judgement by default.

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

 

As you kindly suggested, if they have still not coughed up what I'm rightly owed by next Monday @ 4pm then I shall telephone the courts and take their advice.

 

Thanks a lot for your help and I'll be sure to keep this thread updated for anyone else who is in a similar boat.

 

Cheers,

 

Ian

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Soooo.... It's the last day of the extended deadline and still no word from Natwest.

 

They have until 4pm today to reply (as instructed in the template letter). Should I be waiting at 4pm to request the judgement by default or perhaps wait until I get home to see if I have any mail?

 

Also, if I do request a judgement by default do I need to fill in a form? I wasn't sure if I needed to with an online claim.

 

Roll on 4pm...

 

Ian

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Okay... An update.

 

After no reply from Natwest after the extra 7 days I have now requested a judgement by default. This has been 'issued'. Should I now seek to get the balifs in and take it to the next stage once it has been 'entered'? (I'm not sure how long it takes to get for this transition to take place)...

 

I'm hoping to hear from them soon either with a cheque or online payment.

 

Any advice at this stage would be very much appreciated.

 

Ian!

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OMG Ian!! :o Can't believe it!!

 

I haven't a clue what you need to do - but if you pop into the chat room (or pm a mod/site helper) i'm sure you'll get a quick response!!

 

Good luck - let us know what answer you get to this one!! xx :p

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Dear all,

 

Following my request for judgement by default I this morning received a letter from Natwest explaining that they do not believe the charges are in error but as a gesture of goodwill they are willing to offer me £520 when my original claim is for £756.

 

In the letter, they said that if I did not accept the offer then they may have to consider "if they are prepared to continue to provide me with existing banking facilities. Instead they may offer me a simple account that does not offer borrowing facilities or other services that can result in charges"

 

I take this as a little bit of a threat and one which does worry me. Although I have a parachute account which I can use I do not have the same overdraft limit so would unable to instantly pay back Natwest should they close. See my worry here? Also, how can I be sure that if I accept their offer that they won't close my account anyway?

 

I was expecting this letter of an initial offer shortly after I took them to court, not after the judgement by default. I have not yet paid for a warrant of execution.

 

Any help or advice would be very much appreciated. I've always said I'd go for the whole amount but really really do not want to lose my account at this time and have an overdraft bill pushed my way which I cannot easily pay.

 

Thanks

 

Ian

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Hi all,

 

Following the offer of £520 I have decided to write back to the bank and request an offer of £600 to amicable settle the case. I know this is not the full amount but I really do not want my account to be closed so I think this is the best route in my particular case.

 

I am going to write this letter on Tuesday so if anyone has any comments as to what I might need to include in this to ensure I keep my account then please let me know.

 

Thanks!!

 

Ian

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