Lisa battling NatWest

[::Lisa::]

Nevermind, I found this thread and have followed instructions.

 

I have wrote this letter (below) attached with both the EX160 and the application notice and the evidence of my benefits.

 

Mrs ::Lisa::

My Street

My sub-area

Nottingham

My postcode

Nottingham County Court

60 Canal Street

Nottingham

NG1 7EJ

 

5th September 2007

 

Application for removal of stay and EX160 form

 

Dear Nottingham County Court,

 

Court case: *******

 

Thank you for your letter dated 29th August 2007, in which you state that for removal of the stay I must therefore make in application form plus the additional fee. I have included this letter for your easy reference also.

 

Included with this letter is my application notice. It must be noted though that I am immobile and have checked the “without a hearing” check box. If it is needed that I do need to attend a hearing, please note my mobility issues. Due to being physically disabled, I am therefore exempt from the fees incurred for the application notice. I am in receipt of both disability living allowance and income support.

 

I have included also the evidence of my income support; this consists of a letter stating my weekly amounts as well as a copy of my last payment into my bank account, which has been highlighted for your reference.

 

Should you need any further information, do not hesitate to contact me. I will be glad to assist further.

 

Yours sincerely,

 

*my siggy*

 

Mrs ::Lisa::

 

Does that look OK? I will be sending it later at about 4pm

 

Thanks,

Lisa

[::Lisa::]

Looks OK. Presumably you are applying for the lifting of the stay on hardship grounds

Hi Steven, thanks for replying. Umm I don't know to be honest. I haven't put that. I copied the info into the part C from the thread I linked from.

 

I didn't know that you could apply for it on hard ship since if you are then you are assuming that you're automatically going to win lol.

[::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.

[::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.

[::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

[::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.

[::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.

[::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.

[::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

[::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?