Webbs Catering V Nationwide

[webbscatering]

Hi Guys, right as you are all in the same boat and here for the same thing I will skip the obvious and get to it. I had an account Mortgage account with Nationwide since 1991 we were young a naive kids who took out a fixed rate for 5 years mortgage just before the recession and got stuck with a 13.5% interest rate....ouch!!. So we struggled for years nearly lost the house twice but battled with it and now we are safe and sound with another Mortgage lender since 2004.

I am going after Nationwide and going back to 1991 to claim back all my charges what are your thoughts on this?. No point in saying you cannot do this as I know you are supposed to only go back 6 years but what the hell, Im prepared to chance my arm.

[webbscatering]

Hi Guys,

back again after my last success with Natwest this time we are going for the return of charges on our joint account. The story goes my partner (unwedded and happily living in sin) has her own personal account with a £1600 overdraft and we have a joint account with a £600 overdraft. All was well when we were in Natwest debt we always paid the charges and interest fees for whatever reason they could think of. By legal advice I was told to accept a bankruptcy in December 2007, and was made bankrupt at the High Court in London. Cut to the chase, last week Natwest closed the joint and my partners account and combined the debts the overdraft debts and piled them on to my partner. They said because I was bankrupt they could do this and my partner is liable for the debts. Now if they added the debt from our joint account to her account both debts would have fallen below her overdraft limit and we would of happily carried on as normal. But to shut here account and demand full payment goes beyond the joke again. Remember it was only me that was made bankrupt and not my un-married partner....What Gives??

[tiglet]

Have you asked the OR about this?

[webbscatering]

Have you asked the OR about this?

 

No I hav'nt, because I did list Natwest as a debtor but they seem to think what they did is lawful and within their rights...It seems odd.

[tiglet]

I would ask the OR for his/her opinion on this - it's not really my area, i'm afraid, but hopefully someone with a bit more knowledge will come along and help you.

 

If not, I would certainly ask your OR about the legality of this.

[webbscatering]

Hi people, I have a query regarding a stay that was granted on the 10th June 2008 by Bristol County Court until 9th December 2008. What happens now the date has passed and I have had no reply by either Cobbets or the Courts.

 

Look Forward To Hearing From You After Christmas And Have A Good One

 

Cheers

 

Janes

[yourbank]

I would check with the courts, depending on the stay it could have been dismissed(worst case scenario).

[webbscatering]

Hope You All Had a good Christmas, so would it be wise to assume that the worst case scenario is to restart the claim again?

[yourbank]

Never assume something you do not know yet. Give the courts a ring when they are next open and ask them what the status of the claim is, then post here and I am sure you will get advice.

[webbscatering]

Phoned the court today, they said the stay was still in place and no other decision has been made. What do I do next?

 

Thanks

[webbscatering]

Hi people, I have a query regarding a stay that was granted on the 10th June 2008 by Bristol County Court until 9th December 2008. What happens now the date has passed and I have had no reply by either Cobbets or the Courts.

 

Look Forward To Hearing From You After Christmas And Have A Good One

 

Cheers

 

Janes

 

I have been looking in the Bank letters Section and cannot find a letter that applies to my Stay, the reason why I allowed the Stay to continue was my partner had been going through a very bad bankruptcy and we feared any monies we inherited would get taken from us so we decided to wait until after Christmas by then his Bankruptcy should have been up.

 

But I have now found out if I carried out the claim by myself they would have not been able to get their hands on it as we are not married, but as it stands his name is still on the claim, would i be able to get his name taken off the claim as his bankruptcy has been extended for a further 3years, I do not want to go into great details but thats how it stands.

 

I phoned the court today to find out what happened to the case and the Court Office said nothing has been decided and the stay is still in place. So how do I proceed with the case now, do I write to the court requesting the stay be lifted as the dead line for the whatever case they were waiting for is up and no judgement has been made to stop me proceeding.

 

Thanks For Your Help

 

MiSs.Janes

[webbscatering]

I had a letter from Natwest Silicitors today concerning the unauthorised overdraft and they are going to take me to court unless I pay up! naturally I do not have the money. Can I tie my case above in with any other case brought against me another words can I counterclaim against their claim?

 

Thanks Miss janes

[MARTIN3030]

You can apply to have the stay lifted at any time,however,you will need to satisfy the Court that you have good grounds for doing so.

Predominantly,stays have been lifted sucessfully for ;

1.Non current account claims ie;credit cards.

2.Hardship cases.

3.Business account claims.

4.Claims that involve other issues such as data protection,breaches under the Consumer Credit act etc.

 

From experience,the success of an application does vary,much depends on the policies and the Judge on the day-while some are happy to do so-others flatly refuse even deciding without a hearing.

 

The onus is on getting a good submission together to argue your case.

The other side almost certainly will oppose it,but it will go in your favour if they dont turn up for the hearing-I have found that to be true in 2 of my own cases.

 

If you wanted to hae his name taken off the claim,then you would need to submit an ammendment.

There is a fee for this,but it would be much better to do it this way than to start all over again.

Anyway,if you discontinue and start again,you would need the Courts permission to do this.

 

 

Going to your points about your overdraft.

The OFT continued to allow the banks to levy charges and overdraft,whilst the test case was ongoing,their thinking was that they could not force them to stop,since they stated that they had not been found guilty so to speak.

 

However,since the original statements from the OFT,there has been determinations by Judge Smith in the test case,which could open this up to challenging.

 

Since your account is in dispute,they should not be taking adverse action,or hostile action.

 

You would have opportunity to counterclaim as you say,if they did issue you with a summons,and also submit a defence of your own highlighting this.

 

However,If I was you,I would put together a letter to Natwest,telling them that you consider their actions to be against regulatory codes of practice,and that you will challenge any such actions they make.

I would be extremely suprised if this action also does not contravene banking codes guidance,in particular-Section 2 Fairness and Commitment,and also Section 14.2 Financial difficulties.

If this was the case,it would certainly trigger a breach under the 2008 consumer terms regulations.

 

If you are overly worried,there is nothing to stop you from logging a complaint with the FOS-I would do this by telephone-0845 080 1800

They will tell you to contact them after you have been given a final response from the bank.

You can then tell Natwest in your letter that you have been in touch with them too.

 

 

Hope this is a little food for thought.

[webbscatering]

Thank you Martin3030 for you reply,

 

I would like to apply to have the stay lifted on the grounds of Hardship this being that my partner and me are on Job Seekers Allowance and are struggling due to the loss of our business. I lost my business through a dispute with the landlords and not through bankruptcy or anything like that.

 

I have browsed the template library and found this letter should I use this one?

 

Your Name

 

Your address

 

 

 

Your Bank

 

Your banks Address

 

 

Notice of Consideration for Hardship Status

 

Date xx/xx/xx

 

Claim reference Number xxxxxxxxx

 

Account number xxxxxxxxxx

 

Dear Sir/Madam,

 

Please find attached a detailed summary of my financial standing, as evidence in support of my claim/request, be treated sympathetically and speedily in view of hardship.

In making this request, I remind you of your duty to comply with conditions agreed in the waiver of July 2007 and continuation of July 2008 between yourselves and the FSA.

I/We give notice also herein,that I/We will also be making an application to the Courts to have the current stay lifted,on the basis that we are experiencing hardship,and therefore the case should be allowed to proceed.

Should you choose to object to this,I/We will make this fact known to the FOS.

Additionally,I remind you of your responsibilities to uphold principles as laid down within the banking code specifically;

 

Section 2 Fairness and Committment

Section 14.2 Financial difficulties.

 

A breach on your part,in failing to uphold any sections of the banking code,also invokes a breach of the Unfair Consumer Terms Regulations 2008,in failing to observe and to comply with recognised codes of practice.

 

I look forward to acknowledgment of this, with an undertaking that you will proceed to process it, as per the requirements of the terms agreed within the waiver.

 

 

 

Yours Faithfully

 

xxxxxxxxxxxxx

 

Enc; Financial Statement.

 

 

Data protection act 1998.

 

I give my permission for you to process/use data related to me, in the course of processing my claim/inquiry to a satisfactory conclusion.

 

Signed xxxxxxxxxxxx Name xxxxxxxxxxxxx

 

Date xx/xx/xx

Many Thanks

 

Miss Janes

Edited January 17, 2009 by MARTIN3030

[MARTIN3030]

Yes fine-actually its My temp so its a good one to use.

[MARTIN3030]

Thinking about this,you could also add the following (since the letter was not really drawn up for those with current litigation)

 

 

I will add it in the post above (in Red.)

 

Give me a couple of minutes.

[MARTIN3030]

You will need to just change the I we my our etc if you are doing this as a joint letter.

[webbscatering]

Thank you very much Martin3030 your a gem,

 

Miss Janes

[webbscatering]

Hi There,

 

The letter above has been sent and delivered and its been 10 days and no response how do I go about continuing my case. As I see it the stay was dated pending a case due back in December and judging by alanfromderby thread its official the Natwest charges are penalties. Even though its way past the date of the stay do I still have to apply for the stay to be removed even though no formal judgement from my court was made.

 

Thanks

 

Miss Janes

[MARTIN3030]

Ok yes you are correct.The recent announcement of the judgement,means that it was decided that pre 2002 charges were penalties in the case on Natwest accounts.

You will need to make an application on notice using form N244 (there is a charge) asking for the stay to be lifted.

The main reason will be that the Judgement handed down means that your case should now be allowed to proceed.You will need to download or copy the transcripts of the ruling and referre to it with your application-you can include it as supporting evidence.

Insofar as hardship is concerned,this was an agreement with the OFT and the banks-and so it is not something that the Courts can enforce because its not statute.

 

You can of course remind Natwest that you have already informed them of your hardship status,and any attempts to oppose a lifting of the stay will be seen as hostile,and against the waiver they are signed up to.

Its not yet known if Natwest are planning to appeal on the ruling.

[webbscatering]

Hi Martin

How do I fill out the N244 Form

 

Thanks

 

Miss janes

[MARTIN3030]

ok give me some time I will help you out.

[webbscatering]

Woke up this morning (22/12/09) to hear the Sky News reporter state the OFT will no longer take up the fight against the banks and therefore the charges are deemed to be fair..... WHAT THE HELL....

 

Can someone explain what is going on???? Please

Edited December 22, 2009 by webbscatering

[craigers]

the charges haven't been deemed fair.

[mkb]

They haven't said the charges are fair.

 

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