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Hi

This is my first post here, I've only just found this forum and have read a few post's allready.

 

I am claiming £4138 including interest.

 

I started my fight back in feb and after being ignored.... having to threaten to take it to the information commisioners just to get my statements, then sending the next 2 standard letters and being ignored yet again I finally started my MCOL on the 10th May.

 

I did recieve a letter from the bank (finally) on the 12th May, the standard we are sorry you feel this way about our charges,blah,blah,blah our charges are clear and transparent,blah,blah,blah we are looking into your claim.

 

D day for MCOL was 29th May and by the 30th as I still had not heard anything I requested judgement on MCOL, it seemed at the time to be accepted and I began to think maybe I had won!!

 

Yesterday however I checked MCOL and discovered my judgement had been rejected!! and I am no longer allowed to continue my claim online!!!!

I spent the better half of the afternoon trying to get through by phone to MCOL and was unsuccesfull!!!

 

This morning I recieved a notice that Acknowledgment of service has been filed, dated 30th May! this states that the deffendant now has 28 days from the date of service of the claim to file a deffence.

 

I also recieved a notice of judgement rejected letter, saying that my request for judgement had been rejected due to the time for deffence not expired!, this is dated 31st!!!!

 

 

I'm confussed

what do I do now??

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Cobbetts always say they are going to defend and almost always do it at the very last minute. they do it ti intimidate you and wind you up so that you will (hopefully) give in. So don't (give in, that is)

 

There is not much point in arguing with the court. The best thing now is to let matters take their course. THe case will now be moved to you rlocal court and (eventually) you will receive Cobbetts defence. THis will in general be nonsense. Just hang in there, reposnd to anything the court asks you to do and keep us posted - there will be plenty of people to help you trough the next stage(s)

 

Steven

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Thanks for the reply

 

I may be a bit bewilldered by it all at the moment but I'm not ready to throw in the towel and back down.

 

The thing that is really confussing me though is the 28 day's from date of service bit. is that 28 day's from when they were first served (which would make it 15th may) or 28 days from now??

 

LOL see what I mean I'm totally blonde over this one

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Tempty. You started your claim on MCOL on10th May. The court will have deemed the claim served on Nat West usually 4 or 5 days after you initiate your claim . So say Nat west received your claim on the 14th May.They will have 14 days calender days to acknowledge the claim and a furhter 14 days to submit a defense. Which will be around the 28th or 29th May. If they have not submitted a defense wait another 3 or 4 days to press the judgement button. They will defend. Where you are confused is that the bank answered you very late and your MCOL claim and their letter crossed. Hope that has helped you. Good luck.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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LOL i think I'm confussing everyone now!!!

 

I got the MCOL bit, I applied on the 10th, so I assumed by the 15th (I'm generous I allowed 5 days hehe) that they would have been served. this gave them till the 29th to acknowledge and/or file a deffence.

 

ok think I'm on track there yes??

 

the 29th came and went....... so on the 30th 1 day after final deadline I clicked the judgement button on MCOL!!! at the time it said accepted!!!

 

then yesterday it said rejected! then I received the letter of acknowledgement and the letter of judgement refussed this morning. both of which had different dates on, both dates after the deadline anyway!! ok I know only a day after but still.

Anyway the question still remains do I take the 28 days from the date we can assume Nasty West (sorry was reading Fendy's thread earlier LOL) was served ie. 14/15 may which would give them till the 12th june to enter a deffence or do I take the 28 days from 30th may (date of letter) giving them till the 27th june to enter as deffence??

 

 

ok I'll admit I'm a total airhead when it comes to this, the question may be blindingly obvious to anyone else, so obvious why is this mad woman even asking this LOL, but I swear I'm so nervous about c***ing the whole thing up I just wanna make sure I've got all my basses covered and know exactly what I should be doing

 

Temptyxxx

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28 calender days from the 15th June. 12th of June for them to submit defense My brain hurts. :D

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Thanks, I thought that may be the case, just wanted to clarify LOL

don't worry about the brain hurt bit Think it's a constant state of mind for me ATM, Arrrgggg think i'm gonna have to open that bottle of red tonight all this thinking, it's just not good for you ya know :p

 

Tempty

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hi, i was recommended the site by my mother who has followed all templlates etc and is going great guns. i will be submitting a claim against nat west with my partner due to bad management :) we were charged almost daily at one point for "returned" direct debits because they would take the dds out at midnight and then put the days funds in at 2 am and if you didnt have the cash in at midnight tough you lose, being on disability benefits means this has hit us extremely hard so i look forward to keeping you all updated and being updated by everyone good luck to all xxx

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Welcome cinders

 

It would be better if you started your own thread so we can all keep track easier.

 

To make it easier for you here is the link to start a new thread just click and away you go…

http://www.consumeractiongroup.c o....wthrea d&f=12 (link nicked from shadrach's thread)

 

Steven (aka prince charming)

 

If this post is helpful, please click the scales

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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hi, i was recommended the site by my mother who has followed all templlates etc and is going great guns. i will be submitting a claim against nat west with my partner due to bad management :) we were charged almost daily at one point for "returned" direct debits because they would take the dds out at midnight and then put the days funds in at 2 am and if you didnt have the cash in at midnight tough you lose, being on disability benefits means this has hit us extremely hard so i look forward to keeping you all updated and being updated by everyone good luck to all xxx

 

 

Hi Cinderella

 

I found this site by accident, just yesterday. must admit it feels like a breath of fresh air allready, just knowning there are sooooo many people out there that have done, or are doing the same thing :)

 

I know what you mean about spirling charges the reason I'm doing this is because a small mistake on my part, followed by a c**k up on the banks part (not that they'll admit any liability for that one :-x ) has lead to me being charged allmost more money then I've got comming in!!! Hubby broke his ankle in feb, had to have it pinned back together, he'd changed his job only 7 months before so was not entitled to company sick pay, so we really have been on the wire, it bites that banks only inpound a bad situation rather then relieve it. (every other company I have anything to do with have all been very understanding... allowing me to reduce payments, change dates payments are made etc......but not the bank....ohhh no)

 

I really do wish you luck on your claim and look forward to reading your thread.

I will be sure to keep everyone updated on whats going on...... or not as the case may be with mine, Chin up it's nerve racking but I have a feeling I've found all the help, support and motivation I'll need right here :D

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Feeling poo this morning :-(

 

last week I had allmost hoped I'd won when I requested judgement, only to discover Nasty West had managed to file an aknowledgement at the very last minute, just to drag things out Grrrr. That being bad enough in itself! Now I've managed to add insult to injury all by myself by deciding it would be a real good idea to throw my motorbike on the floor thismorning :(

 

Thankfully not enough damage to swallow all, my winnings (now I'm even more motivated to win this LOL) but enough to take a good few hundred, untill then my beautifull big red baby is looking slightly worse for wear, was not even 9 in the morning, maybe I should go back to bed and start again in a few hours!! Ho hum wonder if postie will bring anything nice in post today! I doubt it LOL

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UNfortunatley Nat West do take everything right to the line. They do it to try and grind you down so you will give up. So, sorry, but there is a little way to go yet before you get your money. They have two weeks to file their defence which they will do right on the last minute. THen you will have to wait for allocation which might take another couple of weeks.

 

The court will either send an Allocation Questionnaire or tell you that teh AQ has been dispensed with. At thispoint you can send the draft order for directions. That usually stops Cobbetts messing about.

 

Steven

 

ps sorry about the bike

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Ooooh what you wanna go throw the bike on the floor for!? oooh not good.

 

Hope you are ok

 

 

Very good question! answer is... I did'nt hehe

 

I'm a bit of a short a** my li'l girlie legs only just reach the floor, been riding for 3 years never had a problem, but this morning my foot slipped as I was parking up and down she went! (more of a neatly deposit bike on floor then a throw hehe) Lucky I was just outside the house, in my effort to save the bike I let it land on me.... so there I was pinned!!! LOL no way I was ever gonna lift it on my own even without it pinning my leg (by the way I can laugh abit more now...... hubby assures me can lose most of the scratches he's a spraygun genius :p )

 

Anyway there I am pinned to floor, unable to get up, typically no one around to help either, so I have to try to wiggle my mobile phone out of my pocket (not an easy thing to do in leathers at the best of times, without it being in the one that's pinned!) so I can call Hubby to come help. just when you think it can't possibly get any worse I realise my phone has been cut off!!!! THANK YOU NASTYWEST LOL. (I've just discovered they've cancelled "all" my DD's)

 

To add final emmbarresment to the whole situation a female police officer then pulls into the culdesac and parks up (very rare to see a police car here at all, and this one of course has to be female LOL)

To cut a long story short, there is no way she can lift the bike either, so she goes to the house, gives Hubby the fright of his life by saying... it's about your wife!!! and finally get's him to come help LMAO

 

The end result is I have a lovely big bruise comming up on my leg right now, but I deffinatly think my pride was hurt more then anything else.

Ohh happy days, think I'm in for a bottle or two of the old red tonight once the kiddies are tucked up in bed ;)

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Ahhh another day

the leg has turned a lovely shade of purple this morning with a few green and yellow speckles..... very pretty....um not!

 

After discovering my mobile had been cut off yesterday (Lol wish I'd known before I got pinned) I then discoved ALL my DD's had been cancled, must admit was feeling really rather peed off at that point and after dropping my bike on the floor was in no mood to talk in any cival maner to anyone at the bank!

 

Decided it would be better for everyone concerned if I left it till today!

 

Well got my sensible head on straight and made the call and after a brief amount of time being messed about, we don't know anything about..... we don't deal with blah blah I got put through to a very niceman in the lending department. He explained that the DD's had been cancled as a way to stop me getting anymore charges on the account! untill such time as the dispute for charges could be resolved! Ok I said but I thought I allready had an agreement in place to cover that (basically their charges have put me nearly 1,000 in debt). Oh you did he said, but that agreement ended on the 31st may (same day they filled their aknowldgement). Well no body told me about that I said, I was told the agreement would stand untill the decision was final and I either won (of course I will) or lost!

 

Anyway to cut a long story short, they had cancelled my agreement,along with all my direct debits (just 3 there anyway mobile, Bike,home insurance) and charged me about £118 for the privilage!!

 

Mr nice guy (I won't give his name here) agreed with me this did'nt seem fair at all specially as I had previously been trying to remedy my situation and have tried to remain composed and polite with all memebers of staff dealing with my case (ooo you smooth operator Lol) He has set up another agreement for me, which means thank god,

a, I wont get any more charges (this will be put in writting btw)

b, I will have access to further funds entering my account

c, I will end up having less to pay back when I win (allways knew I'd have to pay some back)

d, when this is all over, I will finally be compleatly straight..... yay

 

 

 

now just to wait for the defence so I can keep fighting the fight!

 

Just goes to show, not all Nasty West's staff are "nasty"

 

Temptyxxxx

 

feeling bruised but better Lol

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Yay it's my Birthday!!

 

Feeling great today!!

no nasty letters arrived in post, just nice ones hehe

and allso the agreement papers I'd worked out with Mr. nicey west on the phone yesterday (at least I have it all in writting this time.... not that I "really" expect that to be held as binding by Nasty west..but still)

 

At least now I can sit back and relax a bit while I wait.......and wait..... and wait LOL for cobblers to file their defence, bring on your leagal mumbo jumbo is what I say hehe

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HAPPY BIRTHDAY

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Tempty

 

Happy Birthday

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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lates't update on my claim!

 

I decided to have another look at my claim as I'd started it all before I'd found this site and had'nt realised I could claim the unarranged borrowing fee! (that'll teach me to research next time eh)

While I was looking through, I noticed that there were a few pages missing!!! (i had'nt noticed this the first time....much to busy just adding it up LOL)

 

Anyway to cut a long story short! I had received another set of statements in the post "after" I had allready started my MCOL claim! So I got them out and started to compare them..... it turned out that 30 or pages had been missing from the origional bundle!!!...... and here's the thing ALL missing pages contained charges!

 

Now call me cynical but I fail to understand how this could have happened by accident! these pages were not in a group together, just scattered throught the whole thing, 1 here, 1 there ALL with charges!!!, not a single missing page that did'nt contain a charge!, now there are plenty of area's in that 6 year bundle where i did'nt have charges for pages at a time...... none of these were missing!

 

The long and short of it is my claim has now lept from £4258 to £5428!!

So I really need to know the best course of action here, I'm still waiting for cobbets to file a defence!! they have till the 12th! Do I need to fill in an NV244 or can this be avoided if they haven't defended yet?

 

many thanks Tempty :)

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Once you have filed at court unfortunately an N244 is the only way to amend your claim. Cost £35 and not claimable. You could try ringing the court and explaining your mistake and they might just let you submit a new schedule of charges. Also you will have to send one to Cobbetts. Good luck.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Thanks parkvale :)

I'll try ringing the court monday morning and see what they say. you know what they say!

 

don't ask, don't get :)

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I woke up this morning and decided to send our mr higley a letter. outlining the circumstances of my claim...... nothing they don't allready know! and probably won't do me any good.... but you never know.

 

this is what I wrote, just hope I have'nt damaged my claim by doing so

 

Mrs. Tempty

xxxxxxxxxxxxxx

xxxxxxxx

xxxxxxxx

xxx xxx

TEL:xxxxxxxxxx

DATE: 11/06/2007

 

 

REF ACCOUNT NUMBER: xxxxxxxx

SORT CODE:xxxxxx

CASE REF NUMBER:xxxxxxxxx

 

 

Dear Mr Higley

 

you are by now aware of my intentions to reclaim bank charges made on the above account over the period of the last 6 years. I am disappointed to say the least that all previous attempts on my behalf to settle this matter in a civil manner were ignored by yourselves. and in fact no communication regarding this mater has been received from you to date!

I feel this has been very poorly handled on your behalf and that I was left little choice but to take my claim for these charges through the court legal system.

 

since filling my claim at the court However I have discovered further charges debited from the account that I had not previously included. I shall now of course submit Form N244 to the court to amend the total amount of my claim. The main reason for this failure to submit a full and true total of the charges is Natwest's failure to disclose a full statement list of all charges incurred when requested to do so! I did not receive the requested information in the time slot allocated and twice had to chase the statements by telephone. When I did receive the information I failed to notice that certain pages scattered throughout the bundle were missing!!. Since filling my claim with the courts I received yet another list of statements. These were a full and complete list and contained all previously missing pages. I would like to add at this point that all of the 10 previously missing pages held at least one or more charges!.

I can only assume that this has been a genuine mistake on behalf of Natwest and not a deliberate attempt to delay any court proceedings.

 

I trust I shall not receive any difficulties from yourselves in amending this claim given the reason for the amendment.

I have attached a new detailed and true copy of my schedule of charges for your records and will of course forward a copy to your solicitor Lynsey Burgoyne of Cobbetts LLP

 

 

I would also like to take this opportunity to inform you of what I can only describe as a serious breech of conduct on the part of Natwest! Since August last year the only funds to enter my account have been paid in by Tax Credits and Child benefit! It has been brought to my attention that these funds are deemed to be exempt from any bank penalty charges under the Tax credit Act 2002. Please read below

 

The relevant section from the Tax Credits Act 2002.

 

45 Inalienability

(1) Every assignment of or charge on a tax credit, and every agreement to assign or charge a tax credit, is void; and, on the bankruptcy of a person entitled to a tax credit, the entitlement to the tax credit does not pass to any trustee or other person acting on behalf of his creditors.

(2) In the application of subsection (1) to Scotland-

(a) the reference to assignment is to assignation ("assign" being construed accordingly), and

(b) the reference to the bankruptcy of a person is to the sequestration of his estate or the appointment on his estate of a judicial factor under section 41 of the Solicitors (Scotland) Act 1980 (c. 46).

 

Furthermore I would also note that during the month of April 2007 a total of £498.78 in said benefits was paid into my account and a total of £704.00 was debited out in charges alone!! thus leaving me with no funds available to provide even basic living for my family. During the month of May my account had been passed on to the collections team, And after discussing the matter and of my intention to start court proceedings an artificial overdraft was placed onto my account for a 1 month period in the hope that the matter would be resolved by then. This was then removed on the 31st of may. On the 5th of June I rang the collections department again, as of course the overdraft had been removed and Natwest had again swallowed my child benefit paid into that account that day!! At this point I was informed the collections department could no longer help and was passed through to the lending department. Here I was informed that my only course of action now would be to take out a personal loan with Natwest over a 5 year period!!! (even though the operative was well aware of the fact that monies being taken from the account were Tax Credits) Although I have accepted and agreed to this loan, I feel I was given little other choice.

I have no personal complaint against the operative, he was polite and curtious and I did genuinely believe at the time that he was recommending what he believed to be a reasonable course of action. Although I can't help feeling that I have been lead into an agreement that under normal circumstances I would not have agreed to accept.

With this in mind I am prepared to extend an olive branch one final time and would be prepared to except an offer from Natwest for the amount of £5000 paid into my account forthwith.

In the interest of saving Natwest any further embarrassment by continuing this claim I am prepared to wait a further 48 hours before submitting the N244 form to the court.

I await your reply with interest

 

Tempty

 

 

 

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I woke up this morning and decided to send our mr higley a letter

 

Sounds like the start of a blues track!!

 

(Dum dee dum dee dum)Oh I woke up this mornin' (dee dum dee dum) and decided to send our mr higley a letter (dee dum dee dum) OOOOOOOO, I woke up this mornin'.....

 

Sorry!

 

The letter looks fine. I don't know if it will make any differnece - it certainly shouldn't damage your claim.

 

Did your PoC mention the Tax Credits Act 2006? If not,make sure that it gets pride of place on your N244 if you send on in

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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