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    • Hello, You can't make EVRi investigate something. The only thing you could potentially look to do is take EVRi to court for the value of the lost parcel, however with a value of only £25 there will be limited point to doing that.
    • Is the letter headed Letter of Claim/before Claim or similar? If not, it sounds like more of the threatogram chain. If you're not sure, post up an anonymised copy of the letter and we'll check. HB
    • So guess what, we have received a final demand letter for £100. It states if payment is not made by 11/06 they will have no option but to forward the case to their litigation dept with a view to commence County Court Proceedings. So just wondering if anyone has any advice. Do we ignore this? or do we need to take action? Thanks 
    • hi dx, thanks for helping just re-reading everything this morning and I must have missed this one from uncle in his thread "What you should not do, is not contact the Banks and simply default on payments. "  are you in disagreement with this based on your last sentence?
    • Thanks for the reply and clarification, that might just explain why in my case contact has pretty much ceased. Though with such companies it doesn't mean they won't ever threaten to return to court as a tool to force one's hand if they feel they are not self informed on their chances etc.  But concerning how last year they tried to use the CCJ to get a charging order and the court granted an intirum order on our mortgage using the CCJ that would have been a good 2-3 months beyond the 6 years, should the court not have checked the age of the CCJ in the first case or would they always grant an interim order simply off the back of a CCJ being produced without even checking the age of it?.  Had I not defended that action at the time they may well have got a default using a CCJ older than 6 years which could be a concern going forwards. At the time when I contacted the court to question the paperwork for a final order application the clerk suggested people don't get informed when companies apply for interim charging orders, they are automatic if a claimant has a CCJ and people only get contacted once a date for a final order application goes through. kind of begs the question if such companies can continue a seemingly backdoor method to attempt default action if un-defended if the initial application doesn't need to check the age of a CCJ?.
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Weymouthuk -v- Nat West


weymouthuk
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Welcome to the Nastywest forum Weymouth.

 

If you need any help and advice you're in the right place. Don't hold your breath waiting for the statemnets though - they could be some time!!

 

Wendy

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  • 1 month later...
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You could ring up Collections and see if they'll come to some arrangement about the overdraft, at least that way you won't get any more overlimit fees added on, provided you keep to the arrangement. If you do this you've got to be sure you can stick to it, and don't let them browbeat you into payments you can't afford, or turnining it into a loan or something. They usually will give you 6 months to get below your limit.

You really need to get your printous/statements sharpish and get the Prelim sent. You might be lucky and get them soon...

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Yes but in the meantime while you're waiting for your statements they'll keep charging you. It will be at least 8 weeks after you've sent your Prelim that they pay up, possibly longer if you file at Court.

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  • 4 months later...

You would think that would be fair, yes. But there's no such moratorium and we just have to keep paying the charges in the meantime. There's various links to the OFt test case on various sites if you need to read up on it. Due to be heard January/February I think. There's others far more knowleable than me, I haven't been around much recently, have been concentrating on the credit card side of things myself. No stays on credit card cases so they proceed as normal :D

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And have you tried talking to Collections?

 

I like the letter but not sure whether I'd send it or not. Dunno if I'd have the bottle lol. I've got a fax number for Birmingham collections if you want it though.

 

Sorry I'm not much help today, someone will be along shortly with a better opinion than me, I'm sure.

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Not exactly too much, just might need tweaking a little. I was lucky cos never had to go down the court route with Natwest, got my money before the test case. And I've just sent a snotty letter to Citi, so who am I to be the pot calling the kettle lol. Its easy to give advice when I'm not the one on the receiving end. If it was me, I'd definiteley ring Collections, give them a potted version of events, and see what happens. Get the full name of who you speak to. Make sure they put the notes on your account while youre on the line, then fax them a letter summarising what you've discussed, incorporating your first letter. If you get no joy, then send the first letter anyway. If my boss goes out this afternoon I'll get back to you if I can, but dead busy cos its the end of the month.

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Well that told me didn't it? lol. Told you someone would be along with some good advice.

 

The Northern Soul night was brill, had far too much to drink and my feet are still killing me. Am resting for the remainder of the weekend.....

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Hi Weymouth, looks like you're in safe hands now:) All this counterclaiming stuff is past my area of knowledge, although I will say that when we nearly got repossessed about 10 years ago (LTSB) I did attend court, all very informal, took loads of paperwork with me to show what efforts we'd been making to clear the debt, and the Judge was very sympathetic, took everything into account and didn't let them repossess us. It seemed scary but wasn't when I actually got there.

 

It would seem to me, though, (and I could be wrong!) that this might be a quicker way to get your charges back, by letting them take you to court then defending, as a charges claim alone would more than likely be stayed. So this way you'll be getting to court earlier, possibly, albeit through the back door. Good luck anyway, I'll nip in from time to time to see how you're getting on.

 

Andy - what are you on about, backdrops??? I'm too old for that now,:eek: left it to the professionals.:D

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And I have a fax number for the Birmingham Collections centre, if thats any use? Sort of belt and braces approach, fax it as well as send Special D. Its 0121 566 1521. Have they upped your o/d limit so that you can avoid being charged the overlimit fee of £28 pr month?

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  • 2 weeks later...

Left hand and right hand springs to mind:)

 

Yes, I'd do that, send a copy of the Natwest letter with a coveriing letter to Green and Co. Something along the lines of

 

in reply to your letter of xxxx, please find enclosed a copy of a letter dated xxx from Natwest. As you will see from the letter, I have already made an arrangement with Natwest which they have agreed to, with effect from..... I trust this answers any queries you may have and will bring your interest in this matter to a close. Please confirm, in writing, that you will not be issuing proceedings against me.

 

Something like that should do the trick, amend as you see fit - I haven't really got my thinking head on at the moment.

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  • 5 months later...

Service Fee could well be the charge for Advantage Gold, which is £12 eper month. Natwest have taken to being sneaky and now lump all the charges together so you can't make out whats what. If you've got a £40 charge, that would be £28 overlimit plus £12 Adv Gold, and so on. As far as i know, the a/gold fee isn't reclaimable cos its for a "legit" service. I'll have a look at my statements if I get chance and let you know. Cos I haven't had any charges on my adv gold account for ages (Smug look here, but I'm sure it won't last). However on our current plus account I was 35p overdrawn for which I got charged 28 quid, I can fell a spiralling charge debt creeping up again!.

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