Lisa battling NatWest

[abroadgirl]

hi lisa and all

well i got my letter from blackpool county courts and i have filled in n244 they are going to list me for a hearing date

please if anyone would like to see what i have done so far please can u go to my thread as it is best keeping the one instead of me putting it all hear which i think i dont do but keep to the same thread so i thought i would let u all know my update etc

please can anyone advise or help if i have to conclude any more letters etc or put anything more in n244 part c

tyvm for all ur help

abroadgir v abbey

is where u will find all my letters etc thanku all once again

keep the fight going

good luck everyone

hugs

abg

[::Lisa::]

The FSA has given the banks a waiver in that they don't have to keep to their customer complaints procedures for bank charge complaints except in hardship cases. This is being interpreted by the courts as a reason to consider lifting stays too

Thanks Steven. I had already sent it off but i got it back because I forgot to sign one of the many forms (duh!) so I edited the bottom and put hardship on there

hi lisa and all

well i got my letter from blackpool county courts and i have filled in n244 they are going to list me for a hearing date

please if anyone would like to see what i have done so far please can u go to my thread as it is best keeping the one instead of me putting it all hear which i think i dont do but keep to the same thread so i thought i would let u all know my update etc

please can anyone advise or help if i have to conclude any more letters etc or put anything more in n244 part c

tyvm for all ur help

abroadgir v abbey

is where u will find all my letters etc thanku all once again

keep the fight going

good luck everyone

hugs

abg

I'm so glad your getting somewhere with yours

-------------------------------

Not heard anything at all well apart from sending back because of the non-signing but sent off straight after and nothing since.

[abroadgirl]

Bank Charges Court Date Announced: 14 Jan. Plus clarity over credit card reclaiming?

update thought id let everyone know

hugs

abg

[abroadgirl]

stayed!!!!

the normall this isnt it

i will post my letter that i have but will put xxxxxxxxxxxxx in some of it as it is a little embarrasing for me to let u all see sorry but this is what i am thinking of sending to abbey first

let me know what u think and if its alright etc

tyvm for ur help

hugs

abg

[abroadgirl]

Application for removal of stay.

I am contacting Abbey National PLC,

For a removal of stay with Blackpool county court on the grounds of hardship.

As you are aware I have taken the steps at blackpool county courts in which have had a stay put on my claim I have tried to settle with abbey as directed by the court district Judge Law but without settlement being offered I am now writing to you on the grounds of hardship and hopefully we can get a lift of stay between you and myself.

Benefits are set to a minimum

To cover basic requirements, to live on. The bank Abbey has caused a lot of hardship for me by ways of struggling to live on what little was left for me abbey continued to take these charges from my bank account out of my DLA, SDA, Mobility (DWP) wrongfully debited these charges was taken out of my benefits paid in by the DWP.

Abbey deprived me of my basic living essentials there were times I couldn’t afford to by xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, this may seem to you stupid at not being able to buy them but when times are hard we have to do and manage the best way we can and if that means going without then so be it.

I am only because of little that was left for me as I had to try and buy very little food and other items gas electic for my metre, I found myself having to use toilet/kitchen paper even to the extent to cut hand towels so I could use for my monthlies as I couldn’t even afford the price of them which is a few pounds that few pounds could get me bread potatoes milk tea and whatever else to make it last for me.

Living on SDA, DLA, Mobility Benefits And my husband getting incapacity benefit low rate for ill health, this is the only income we had in which we had to try and manage on these as well as pay our mortgage at that time.

Some of the embarrassing hardship that has been caused the Government did not take into account that the extravagant bank charges, which reflect a disproportionate burden on those who are in, recite of benefits.

My husband lost his job due to ill health chronic sciatica, groin pain, which the pain goes in his legs, we were let down by payment protection after a year which then led us to having to sell our home to sell your house and rent it back because of the arrears we owed, due to the hardship of charges being taken and having to sort out what to pay and what to get with little money that was coming in.

I have found it very difficult being disabled me having health. Problems

We have had to take a loan out from greenwoods to help us in which had abbey had not taken

these charges we would not have had to suffer.

I hope you will be able to come to an agreement with me otherwise if I do not hear from you within 7 days of this dated letter I shall be contacting the courts.

Yours sincerely

is this letter alright for abbey and court do i remove anything or add more thvm for helping

abg

[::Lisa::]

Hi all (please read this all as I need help),

 

Just an update and help needed. Court has got back to me regarding the stay thing and they've requested a hearing even though I put I don't want a hearing as I'm really ill lately. The date of the hearing is the 17th December, which just happens to be a Monday and the day after I take my meds and therefore will be ill

 

I also received a letter this morning from Cobbetts. I'm confused as I have a very suspicious mind. They must have received a copy of everything I sent to the court including the letter I sent to the court. They have noted the hardship and also my disbility and asking for evidence of this. They also say have I contacted the bank prior in regard of the hardship. I will copy the letter below for your readings....

 

my name

my street

my area

my post code

 

Dear Madam,

Re: ::Lisa:: v. NatWest

Claim number xxxxxxxxx

Hearing date: 17 December 2007

 

We write in relation to the above matter and confirm that we are instructed on behalf of the Defendant.

 

We understand that following your application to the court, dated 5 September 2007, the court has listed your case for an application hearing on the 17 December 2007.

 

In light of the above, we are writing to request further details in relation to the financial hardship you refer to in your claim. In your application dated 5 September 2007, you make reference to the fact that you are in receipt of benefits, and that you seek to rely on the grounds of hardship as you are just living off benefits due to disability. Please could you provide us with evidence of this.

 

We would also ask that you inform us of whether or not you have spoken to the bank regarding your financial hardship. If so, we would be grateful if you could provide us with details of when you contacted the bank, who it was you spoke to in relation to this matter and what the outcome of your discussions with the bank were. This will therefore enable us to consider your claim in more detail. If you feel there is any further information relevant to the financial hardship you refer to in your claim, please do not hesitate to inform us.

 

We look forward to hearing from you.

 

Yours faithfully,

 

Cobbetts LLP

 

Thing is I did contact NatWest many times on the phone in regard to not being able to pay the loan. All they gave me down the phone was crap on how I have to pay it. They didn't care that we was on benefits, nor the fact I was disabled and hubby had just gave up his job to care for me full time. They still tried to take their money. I even broke down on the phone a few times crying but did no good. I never took down details if when or who it was though :?

 

I feel they're gathering evidence so they can show up at the hearing in December and make out that I did nothing, I didn't phone etc and that I'm lying.

 

Help please.

[hedgey06]

Hi Lisa,

 

This is an awful situation for you right now - you're in genuine financial hardship and, even though you're desperately trying to get yourself sorted - along comes the stay. And to compound the matter, the court wants to hold a hearing to discuss lifting the stay even though it will be the day after you take your meds.

 

At the mo, all I can do is totally sympathise with you. A hearing on 17th December is bad enough but when you're genuinely ill and need to take meds the day before this only compounds the situation further. I wonder if there's a way that you could communicate this to the court - possibly to try to bring the hearing forward/delay it by a few days? It may be worth a phone call (backed up by a lettr) to explain your circumstances further on this hun.

 

With regards to the letter from Cobbetts, TBH I imagine this is standard practice from them given that they're Nat West's legal representatives. However, you can back up the fact that you're in genuine financial hardship due to your disability - so I wouldn't worry too much about this hun. You have the paperwork to prove this via your DLA, etc. Also, Nat West keep telephone records - they have to! So there is already existing proof somewhere that you contacted them with regards to this situation. I wonder if some sort of letter to the correct department requestiing information on their telephone logs regarding you/your account would be in order? ;-) Under a full SAR that requests this sort of info, they may need to produce it!

 

Don't worry Lisa - you're doing a fantastic job. The hearing on the 17th of December will be fine as you've already done the groundwork. I'd suggest downloading the new stays bundle from the bank templates library, just so that you're well prepared for the hearing. And have a look into the above as well (telephone records, etc.)

 

Take care x

[steven4064]

Also, Nat West keep telephone records - they have to! So there is already existing proof somewhere that you contacted them with regards to this situation.

You could request that information from them under CPR Part 18. (Of course they should have sent it in reply to your SAR!!!)

[::Lisa::]

Hi Lisa,

 

This is an awful situation for you right now - you're in genuine financial hardship and, even though you're desperately trying to get yourself sorted - along comes the stay. And to compound the matter, the court wants to hold a hearing to discuss lifting the stay even though it will be the day after you take your meds.

 

At the mo, all I can do is totally sympathise with you. A hearing on 17th December is bad enough but when you're genuinely ill and need to take meds the day before this only compounds the situation further. I wonder if there's a way that you could communicate this to the court - possibly to try to bring the hearing forward/delay it by a few days? It may be worth a phone call (backed up by a lettr) to explain your circumstances further on this hun.

 

With regards to the letter from Cobbetts, TBH I imagine this is standard practice from them given that they're Nat West's legal representatives. However, you can back up the fact that you're in genuine financial hardship due to your disability - so I wouldn't worry too much about this hun. You have the paperwork to prove this via your DLA, etc. Also, Nat West keep telephone records - they have to! So there is already existing proof somewhere that you contacted them with regards to this situation. I wonder if some sort of letter to the correct department requestiing information on their telephone logs regarding you/your account would be in order? ;-) Under a full S.A.R - (Subject Access Request) that requests this sort of info, they may need to produce it!

 

Don't worry Lisa - you're doing a fantastic job. The hearing on the 17th of December will be fine as you've already done the groundwork. I'd suggest downloading the new stays bundle from the bank templates library, just so that you're well prepared for the hearing. And have a look into the above as well (telephone records, etc.)

 

Take care x

Aww thank you and thank you for replying and your efforts into helping. I haven't communicated with the courts and will leave it as is as I've decided to stop taking my medicines after I've been really really badly affected and very ill for longer than just 'the day after' for quite some time. But that's a whole different story which I won't go into detail.

 

I will be asking for more info when the time comes... I'm really scared and I've not replied to Cobbetts about what they've asked.

 

You could request that information from them under CPR Part 18. (Of course they should have sent it in reply to your SAR!!!)

Hi Steven. All they sent me was the statements and that was it. I suppose I should phone them and demand the rest of the S.A.R then? I feel silly now. Don't know what I'm doing. All LTSB gave me was copy of print ofs of charges only too

[steven4064]

I will be asking for more info when the time comes... I'm really scared and I've not replied to Cobbetts about what they've asked.

I don't think you need to reply unless they issue a formal request and, even then, only if the court says you have to (do you agree hedgey?)

Hi Steven. All they sent me was the statements and that was it. I suppose I should phone them and demand the rest of the S.A.R then? I feel silly now. Don't know what I'm doing. All LTSB gave me was copy of print ofs of charges only too

That's typical of NatWest - they have absolutely no respect for the law in this respect. Even if you spell out what you want (as we did) you still only get statements. I suggest you write to Cobbetts (copied to the court) a letter headed

 

Request for Further Information under CPR Part 18

 

Ask them for copies of all telephone records NatWest have relating to your account. Point out that these should have been supplied under your earlier (give date) Subject Access Request under s7 of the Data Protection Act 1989 but were not. Point out that you need these records as evidence that the bank knew of your hardship as material evidence for you request to have the stay lifted, and in order to reply to the questions posed in their (Cobbetts') letter of date.

[::Lisa::]

Thanks Steven, yes they're a rubbish bank. Wish I'd have never signed up with them. They all are. As the saying goes... make the poor, poorer and the rich richer. It really does apply... so sad

 

I'm really poor at writing letters so could you check if this is OK and straight to the point? Thanks...

 

Mrs ::Lisa::

Street

Sub Area

Area

Post code

Cobbetts LLP

58 Mosley Street

Manchester

M2 3HZ

 

21st October 2007

 

Dear Cobbetts,

 

Re: Claim Number **edited**

 

Thank you for your letter dated 2nd October 2007. I see that you are asking for some evidence regarding my hardship because I am living off benefits solely due to the fact that my disability is severe and am not able to work. I’m not sure why you are requesting this evidence, but none the less it has been enclosed for your review. Please find attached a copy of my income support which also states that my husband Mr. ::Lisa:: receives carers allowance, and another letter which states my Disability entitlements. You also state that you want this information beause this will enable you to consider the claim in more detail. Please could you provide me with more information of what there is to consider?! It seems pretty clear already.

 

You also ask if I have contacted the bank in regard to my hardship. I can answer that I have indeed, but when I describe my circumstances on the telephone to the bank, they could not care less about my situation. The only thing they care about is when they will be in receipt of their money and were bullied into paying the loan at such hard times!

 

I’d also like to point out about the telephone calls made to NatWest in the times of hardship that you are requesting was not provided to me when I lawfully requested my S.A.R (subject access request) Request for Further Information under CPR Part 18 which is unlawful and I now require these immediately from your client NatWest. I will also be sending a copy of this letter to the court for their records and to show them that your client has failed to comply with the Subject Access Request under s7 of the Data Protection Act 1989!

 

I look forward to hearing from you soon and receiving the records I require.

 

Yours faithfully,

 

*squiggle*

 

Mrs ::Lisa::

 

I've now ran into problems as I have an income support letter which is dated in Sept 07 but when disability write to you it's only when I got it in 2005 so I have absolutely nothing from them since then. I will have to call them and get them to write to me as proof but that will delay this letter.

[steven4064]

Hi Lisa

 

I would make it more formal than that. I'll post some more detailed comments later (unless someone else beats me to it)

[::Lisa::]

Hi guys,

 

Just wanted to update that I didn't get my stay lifted in December So waiting for the commercial courts to do their thing and hopefully will get my money back then. A pain in the arse but oh well.

[abroadgirl]

hi lisa just thought i would catch up on things here in cag, it is a pain when they do this i havent heard anything more as yet i wish they would hurry it up like we all want hahahah yep i need my holiday laughs dosent look like i will get it now

how are you i was in court in january nip in and see my thread its very interesting love abroadgirl v abbey its all in there

take care hugs

abg

[::Lisa::]

When is this commerical court going to make a decision? I thought it was supposed to be in January? I've not heard anything about it, nor my court about my court case, nor cobbetts. Anyone please? I really need my money back from these leaches! Thanks in advance.

[steven4064]

Hi Liisa

 

We are expecting a decision from the judge any time now. However, whichever way it goes, it is certain to go to appeal. In fact, I have heard that the appeal court already has it listed.

[::Lisa::]

Wow still nothing.

 

I'm hoping something can decided soon with this commercial court case. I need this money more than ever. Really struggling at the moment after my dog had an accident and had to have most of her tail amputated

[hedgey06]

Hi Lisa, I hope there's a light at the end of the tunnel for you soon too, and hopefully we'll start to see some movement on the bank charges claims soon. You've had a really tough time with this claim and you deserve a decent break now.

 

Sorry to hear about your dog - hope she's ok now.

 

Best wishes, hedgey xxx

[Parkvale]

Lisa hang in there. Its virtually a year now since you started on this crusade. Your patience has been tested to the limit. Isn't it strange how somehow we find that strength from somewhere to carry on . Justice will prevail and you patience will be rewarded. Good luck.

[::Lisa::]

Hi Lisa, I hope there's a light at the end of the tunnel for you soon too, and hopefully we'll start to see some movement on the bank charges claims soon. You've had a really tough time with this claim and you deserve a decent break now.

 

Sorry to hear about your dog - hope she's ok now.

 

Best wishes, hedgey xxx

 

Lisa hang in there. Its virtually a year now since you started on this crusade. Your patience has been tested to the limit. Isn't it strange how somehow we find that strength from somewhere to carry on . Justice will prevail and you patience will be rewarded. Good luck.

Thank you to the both of you. It's just... frustrating, isn't it? I mean, it feels like forever already. Well maybe that is overkill but since they said Jan/Feb and your sat here waiting, time moves slow.

 

I'm certainly hoping that the catchphrase "Good things come to those that wait" comes true for me. I seem to have lost hope that I am going to win this after all the waiting. I'm hoping my confidence will come back when things get moving again..... 'when' being the word.

[::Lisa::]

Hi all, another month gone, another year older still nothing from the courts, no contact what-so-ever. I don't want to wait anymore, it's driving me insane (literally!) nothing seems to be happening.

 

My dad said that the consumers won at the commercial court. Is this true? If so, why aren't claims being paid and the ball rolling?