NAT WEST will not return my PPI

[Maggiebroom]

Thanks Hell

 

The letter does not look or read right to me.

 

No problems if you look later. I hope you get your PC sorted. I know what its like to lose it. Whatever did we do before we had them.

 

maggiebroom

[tetley75]

Hi Maggiebroom, keep up the good work, subscribing to your thread with interest.

[Maggiebroom]

Nothing to update lately since my letter telling Greens that I want to see a proper CCA.

 

I think they must be discussing it.

 

maggiebroom:)

[almikenina]

hi Maggie...keep at it..im reading all your posts and wish you well

[Maggiebroom]

Hi Folks

 

An Update

 

Nothing from Nat West since my last post till last night when I got a phone call from Interim Justitia regarding my Nat West account. It seems that Nat West have passed me over to this DCA, with no notice or information to me.

I politely told him to go and do something very nasty with himself. It took me by surprise as I was in the middle of a good episode from Emmerdale. He was reluctant to say what company he was from.

 

I suppose I should have asked him what was going on, but to be truthful he caught me off guard, so I will not be surprised to get a letter soon demanding the money.

They will get the same answer as the others who have tried and failed.

 

"Produce a properly executed CCA, or go and play with the traffic." I just hope they don't start the phone call lark again.

 

Anyones thoughts appreciated.

 

 

maggiebroom

[Maggiebroom]

Update again

 

Nat West have sent me this letter

 

Dear maggiebroom

re account: 0000000000000000

 

Thank you for your letter dated 6 january 2008 addressed to Green & Co, which has been forwarded to me to respond.

I have enclosed a copy of my response sent to you dated 16 October 2007 and our position remains the same on this matter.

 

Yours sincerely

 

Miss H Bennett

 

Baiscally they are are saying that their previous letters claim that the CCA 1974 has been complied with, and that I am still liable to pay them. In the October letter they are saying that I should take them to court.

 

Not sure how to proceed with this now.

 

Anyones help very gratefully accepted.

 

maggiebroom

[Maggiebroom]

Another Update

 

Anyones thoughts on the way forward now? Very gratefully accepted.

 

Interim Justitia phone for a couple of days (only once) and then have a day off.

 

Not worrying me at all as I have never been informed that they are dealing with anything regarding me so I am playing dumb.

 

Aren't they supposed to inform you if they pass a case onto a debt collection agency?

 

Help needed here.

 

maggiebroom

[hellhasnofury]

Hello Maggie,

 

.

I have enclosed a copy of my response sent to you dated 16 October 2007 and our position remains the same on this matter.

 

Yours sincerely

 

Miss H Bennett

 

 

Love the bit our position remains the same on this matter, yeah they still don't have an enforceable agreement:lol:

 

It appears with all of the current discussion and recent information that they have complied to your request under 77/78, they sent you the photocopy of the application form.

 

Now in a court, I understand they would either have to produce a true copy of your agreement, containing all of the prescribed terms, or a true copy of your application/agreement with all of the prescribed terms. They won't be able to

 

I have just put a post on your capone thread, I thought it was this one:grin:

 

Just found this on the general debt section quoted by the knowledgeable tomterm.

 

failing to provide a Credit Agreement is an offence under s77-79 regardless of whether they pursue the debt or not.

 

If they are aware a CCA is unenforceable, making any statement contrary to that would be an offence under s40 of the Administration of Justice act and/or the Fraud Act.

 

MMmmmm

[Maggiebroom]

Hi Hell

 

Thats interesting about the fraud act etc. Actually they have more or less complied with S77-79, except that the form is not properly executed, therfore they haven't conformed. It gets confusing don' it.

I think I will just sit back and wait for their next move. Interim Justitia phone once a day

(8.40 this morning) but I am never there. However I will always take a message

They never informed me that they were passing the case to this agency, so I never speak to them. Isn't there a rule that you have to be told before they pass it over? Is that a Deed of Assignment or whatever?

 

Yes I am an early bird. Hubby goes out at five some mornings and of course the alarm wakes me up too. (God bless him). Whoever invented the alarm clock should be hung drawn and quartered I am rarely up later than 6.00a.m anyway.They say the older you get the less sleep you need. in that case I am approaching 100, God forbid.

 

Of course I can never go back to sleep, so get my morning chores done early, and snooze during the day (having first unplegged that wretched invention called the telephone.)

 

Before I retired I used to look forward to Fridays, now everyday is the same.

 

Thanks for your reply. You always make me smile

 

maggiebroom

[Maggiebroom]

A letter this morning from Interim Justitia.

 

Notice of Intended legal Action

 

Creditor: National Westminster Bank Plc.

Reference: 0000000000000000

 

Instructions are being prepared for the issue of Court Action against you, (good, now they will have to produce a proper CCA) which may result in the entry of a Judgement. This may substantially increase your liability and your name and address may be entered on a Register of Judgements and the records of the credit reference agencies. (join the others who have issued defaults)

Failure to make payment after the judgement may result in the use of a Bailliff or Sherrif Officer, or deductions made from your wages. ( I am a retired pensioner)

It is essential that you make payment immediately (I always keep large amounts of money under the bed) using the gyro slip attached or by telephoning us on the above number as we may be able to take your payment by debit or credit card.( surely this suggestion is against OFT guidelines.)

 

Interim Justitia Ltd.

 

I have put in my own blue comments but I am wondering.

 

1) Would they have a Deed of Assignement for the alleged debt, or should I ask if they have one?

2) If they do take it to court should they produce before hand a proper copy of the CCA?

3) Should I write asking for the Deed of Assignment and a CCA?

 

I need to write a letter pointing out the error of their ways but I am not sure how to word it. Is there a template anywhere or can anyone suggest anything. I want to get my facts right before I fire my arrows.

 

maggiebroom

[hellhasnofury]

A letter this morning from Interim Justitia.

 

Notice of Intended legal Action

 

Creditor: National Westminster Bank Plc.

Reference: 0000000000000000

 

Instructions are being prepared for the issue of Court Action against you, (good, now they will have to produce a proper CCA) which may result in the entry of a Judgement. This may substantially increase your liability and your name and address may be entered on a Register of Judgements and the records of the credit reference agencies. (join the others who have issued defaults)

 

Failure to make payment after the judgement may result in the use of a Bailliff or Sherrif Officer, or deductions made from your wages. ( I am a retired pensioner)

 

It is essential that you make payment immediately (I always keep large amounts of money under the bed) using the gyro slip attached or by telephoning us on the above number as we may be able to take your payment by debit or credit card.( surely this suggestion is against OFT guidelines.)

 

Interim Justitia Ltd.

 

I have put in my own blue comments but I am wondering.

 

1) Would they have a Deed of Assignement for the alleged debt, or should I ask if they have one?

2) If they do take it to court should they produce before hand a proper copy of the CCA?

3) Should I write asking for the Deed of Assignment and a CCA?

 

I need to write a letter pointing out the error of their ways but I am not sure how to word it. Is there a template anywhere or can anyone suggest anything. I want to get my facts right before I fire my arrows.

 

maggiebroom

 

Hello Maggie

 

Looks like another scaring tactic letter to me

AH, Ha Notice of Intended legal Action scary scary:o

I would probably think that the nasty west have just instructed this dca to hound you and try to scare you. If they sold the debt to them, they would by law have to write to you to tell you, they have been sold, assigned the debt, and that they were now the legal owners of the account. It I believe comes under the Property Act. Will try and find something on it for you.

 

If the debt has been sold, assigned, they do not have to provide you with a copy of the Notice of Assignment, but if it proceeded to court, they would have to produce the original notice, oh and by the way the original credit agreement:rolleyes:

 

Your second question regarding the ca. They have sent you a pre-contractual application form, which they state is your credit agreement, and you have asked repeatedly for evidence of a true copy of your credit agreement. They have not sent one, because you know and I know there is not one:roll: . Now If this did go to court and they produced one, you can show evidence that you have repeated ask for it under section 77/78 and they did not comply with your requests. I do believe the Judge would be asking them questions as to why they have wasted the courts time, by not supplying it to you in the first place.

 

Now the Nasty have breached the OFT Debt Collection guidence by instructing the dca to pursue you. Passed your personal data whilst the account is in dispute.

 

I would be inclined to write to the Nasty as well as the dca, pointing out the errors of their ways. Maybe slip a request to the dca under the cca, and watch them squirm and possibily back off.

 

If you need help with letters etc you know just ask

[Maggiebroom]

Hi Hell

 

Thanks for your swift reply and your PM's.

 

There is some very interesting information in your reply and I shall use it with great delight.

Nat West have never informed me that they are passing the alleged debt to a DCA and therefore I insist on not talking to them. In my opinion it is none of their business. If Snatch West cannot abide by the rules I don't see why I should start running from them.

 

A very nasty letter will be sent to Interim Justitia with a copy to Snatch West too.

 

Once again my thanks

 

maggiebroom

[Maggiebroom]

Ho Folks

 

My letter to Interim Justitia must have crossed in the post with this delightful missive I recieved today

 

Home Visit Notification

 

We are considering instructing one of our local debt collects to visit your home address to collect the full outstanding balance. (I don't think so)

To prevent this visit you should make payment in full utilising one of the payment options listed on the reverse or telephone 000 000 0000 to make use of one of our direct payment methods. (again I don't keep large amounts under the bed but you could always take my rubber cheque)

 

If you are unable to send the total balance, please call 0000 000 0000 as in certain circumstances I will be prepared to accept repayment by instalments. (thats awfully big of you considering you are acting illegally in the first place.)

 

Interim Justitia

 

I know there are OFT guidelines on collections, but surely I read on someone's thread they can't home visit without an appointment, and I could call the police and charge them with trespassing as they won't have an appointment. Well, not from me they won't.

 

A pointer in the right direction would be very gratefully accepted. I am so mad at their cheek, and angry that they are trying to frighten me. Like Hellhasnofury, I don't scare easily.

 

maggie broom

 

[hellhasnofury]

Ho Folks

 

My letter to Interim Justitia must have crossed in the post with this delightful missive I recieved today

 

Home Visit Notification

 

We are considering instructing one of our local debt collects to visit your home address to collect the full outstanding balance. (I don't think so)

 

To prevent this visit you should make payment in full utilising one of the payment options listed on the reverse or telephone 000 000 0000 to make use of one of our direct payment methods. (again I don't keep large amounts under the bed but you could always take my rubber cheque)

 

If you are unable to send the total balance, please call 0000 000 0000 as in certain circumstances I will be prepared to accept repayment by instalments. (thats awfully big of you considering you are acting illegally in the first place.)

 

Interim Justitia

 

I know there are OFT guidelines on collections, but surely I read on someone's thread they can't home visit without an appointment, and I could call the police and charge them with trespassing as they won't have an appointment. Well, not from me they won't.

 

A pointer in the right direction would be very gratefully accepted. I am so mad at their cheek, and angry that they are trying to frighten me. Like Hellhasnofury, I don't scare easily.

 

maggie broom

 

 

 

Hello Maggie,

 

Sorry but they are just making me laugh:lol: considering instructing one of our local debt collects to visit your home address to collect the full outstanding balance. Get that money from under your mattress:lol:

 

Send them this, again they are making threats that they are not allowed to. Only after obtaining a ccj and an order from the court can they visit your house.

 

 

Dear Sirs,

 

Please be advised that I am only prepared to communicate with you in writing. OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending “doorstep callers” to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

 

Should it be necessary, I will obtain an injunction.

 

Yours sincerely,

[Maggiebroom]

Thanks Heel

 

That letter is excellent. Thank you so much. I have been on CAG for hours this afternoon looking for info and there it is from you again. What a star

 

Shall send that off to them tomorrow. I am off to cook my supper now as my bum is sore from sitting and my eyes ache from reading all the threads. this site is definitely a time consuming place.

 

Thanks again for your help.

 

maggiebroom:)

[hellhasnofury]

Thanks Heel

 

That letter is excellent. Thank you so much. I have been on CAG for hours this afternoon looking for info and there it is from you again. What a star

 

Shall send that off to them tomorrow. I am off to cook my supper now as my bum is sore from sitting and my eyes ache from reading all the threads. this site is definitely a time consuming place.

 

Thanks again for your help.

 

maggiebroom:)

 

Hello Maggie,

 

I have to admit that I cannot take the credit for that last letter, I pinched it off someone elses thread:D

[Maggiebroom]

Hi Folks

 

I have now written to Interim Justitia, using a strong letter about home visits, very kindly provided by Hellhasnofury, and I am now waiting for a reply to that, and also another letter explaining the CCA rules to them

 

That will be interesting.

 

maggiebroom

[zara_goza]

I wish you all the best Maggie, keep strong and don't lose faith.

[Maggiebroom]

I sent the s** off letter to Interim Justitia explaining the rules about visiting me at home, but have had no reply. I must confess I wait for the postman every day.

Trouble is our post has a tendency to arrive anytime time bewteen 10.00a.m and 2.00p.m

Sign of the times I suppose. Our postie is always late when its raining or very cold.

Poor luv is probably having tea and brekkie before he braves the elements.

Gone are the days when you could rely on your post arriving at breakfast time.

 

News soon.

 

maggiebroom

[Maggiebroom]

Well after a few weeks of silence I got a phone call from Interim Justitia Last night.

 

I told her I wasn't available. She asked for my mobile phone number, and was politley told I didn't have one.(tongue in cheek. Do they think I am stupid?)

Then she wanted to know where I was , and when would I be available. I said never and don't call on this phone again.

 

Cheeky Bi***. I said I'll send you an itinerary.

 

I thought I had heard the last of them. But it seems they are not going to heed my warning letter.

 

Hey Ho!!!

 

Round 102 I think 8)

 

maggiebroom

[Maggiebroom]

A call today at 3.00p.m from the dreaded Interim Justitia:(

 

They were politely told to go away. despit a letter re harassment they have started to call. They don't worry me one bit. I don't suppose the letter has been passed to the call centre staff. Terrible lack of organisation in all these companies.

 

maggiebroom

[mattyb13]

Wow, I have just read through your thread and it seems you are having a real battle.

 

While I cannot offer any help, not that you seem to need it, I would like to offer you some support.

 

Best of luck, I hope you manage to get this sorted.

 

Matt.

[mooreda]

this is really interesting maggiebroom - I wish you the very best of luck

[mickeybroom]

Another call for Interim Justitia last night

 

Hubby answered the phone and politley told them that I would not talk to them over the phone and that everything should go in writing.

 

After a bit of banter with hubby who then asked them if they understood english, he was told that they would start increasing the calls from today.

 

I have been down that road before with Capital One and they got no change either, but I am furious that they think they can browbeat me this way.

I have had no information from Snatch West that they were passing the account over to a DCA and therefore I do not consider that Interim Justitia have any thing to do with it.

 

They do not frighten me one bit. We'll see what happens. I have re-sent the do not visit me at home letter, and if they carry on I shall send them the harassment letter and also a CCA request. If they have bought the debt they should be able to produce the document in question, shouldn't they. We all know they can't.

 

We'll See. Hey Ho!!! Its off we go again.

 

maggiebroom

[Maggiebroom]

The above should have my avatar but it seems I have logged in under hubbies name.

 

What a dumbo

 

maggiebroom