I have a claim ongoing for a NatWest business account for just over £40k going back to 1991. The case was listed for a CMC for tomorrow morning. I had previously sent Cobbetts a CPR18 request which they failed to comply with and so I subsequently made an application for the court to order them to do so. The court set a hearing application date in January so I wrote to them asking that the hearing be brought forward prio to the CMC or that the hearing for tomoorow be vacated and listedfor after the application hearing.

I found out yesterday that the cout have tagged on the application hearing onto the CMC hearing and therefore I do not have the relevant T & C for te period in questionFurthermore, rather than sending thier usuual Solicitor, they are sending along a London Barrister. Tha main issues to be looked at tomorrow are the Staute of Limitatons, Doctrine of Laches and legality of charges as well as the CPR18 Disclosure

Any help guidance on this would be greatfully appreciated before I have a heart attack. They have also proposed that should a full hearing take place then the case should be listed for a two day hearing.

Hi Nomis,

Ok, here is the defintition provided by the FSA:-

FIT 1.3 Assessing fitness and propriety

FIT 1.3.1 The FSA will have regard to a number of factors when assessing the fitness and propriety of a person to perform a particular controlled function. The most important considerations will be the person's: (1) honesty, integrity and reputation;

(2) competence and capability; and

(3) financial soundness.

FIT 1.3.2 In assessing fitness and propriety, the FSA will also take account of the activities of the firm for which the controlled function is or is to be performed, the permission held by that firm and the markets within which it operates. FIT 1.3.3 The criteria listed in FIT 2.1 to FIT 2.3 are guidance and will be applied in general terms when the FSA is determining a person's fitness and propriety. It would be impossible to produce a definitive list of all the matters which would be relevant to a particular determination. FIT 1.3.4 If a matter comes to the FSA's attention which suggests that the person might not be fit and proper, the FSA will take into account how relevant and how important it is. FIT 1.3.5 During the application process, the FSA may discuss the assessment of the candidate's fitness and propriety informally with the firm making the application and may retain any notes of those discussions.

Now the question is, are you personally regulated by the FSA? If not then it is not applicable to you. Secondly if you are regulated, then I would ask for the matter to be referred to the FSA (Including your statement of facts) for review.

IMHO I personally think that the FSA would find this a trivial matter and therefore not find you unfit.

If they refuse to take this course, then I agree with Bookworm where she stated that you should make them brutually aware that you will take this to an ET.

Hope this helps a bit.

ED

If you are now in a position to pay the whole debt, i would offer it to the council. If the baliff does get hold of the landlord who then pays the bill, Iit is likely he will then sue you for the amount plus costs.

Just a couple of questions:

1) How long have you been with the company?

2) Have you been advised that you can take in a witness to these hearings?

3) Do you belong to a union recognised by the employer?

If your out there YourBank, can you help? or point me in the right direction. Nice to speak to you again by the way

Hi Trilby,

Thanks for trying. Can you get me a copy of the general terms that you found. i don't have a fax so is it possible to email them.

Thanks for your help.

Mark

They will have to prove that the last communication was within the limitation period. If the debt was taken out in Scotland then Scottish law applies. However if it was taken out in England and you subsequently moved to Scotland then the longer 6 year period applies. If it was taken out in Scotland then I would also demand that the DCA removes the default from the creditfile. Hope this helps.

Nomis,

Sorry you have found yourself in this situation. Firstly, to call it fraud is inacurate. The pension fund made the mistake, not you. It really depends on how long you have been employed, but my guess is you will probably receive a warning, especially as the debt has been settled.

Hi Trilby,

Early second week in December. I have been searching for these for ages and it's starting to give me a headache:-x

Does anyone have a copy of the Natwest business account terms and conditions in effect for 1991. I have a hearing looming and am in desperate need of them.

Does anyone have a copy of the Natwest Business account terms and conditions in effect for 1991. I have a hearing looming and am in desperate need for a copy.

Hi Porsche,

They have to send her a copy of the agreement within 7 days. As this was signed off site (distance selling) they have to include her cancellation rights. This link may to theOFT may be of some help.The Office of Fair Trading: Credit and hire agreements

Hi Kendall,

As he can not buy just one panel he is justified in charging you for a complete pack.

As to the sink £40 per hour would be about right, although personally, i would ask for a copy of the invoice as he can only cover the costs not make a profit.

Unfortuantly not. There was some research on the subject a couple of years ago and the shocking statistic is that it is estimated that 35% of fathers names on birth certificates are not the biological fathers. Now most people come into contact with 100 people, so which are the 35 that you know who have no idea that thier father isnt thier father.

The simple answer is yes you should be getting yearly statements

As you informed the DWP and they stated they would inform HB you could claim the defence of overpayment estoppel. This relies on the fact that you acted in good faith and had you known they hadnt been informed you would have returnded the overpaid forthwith.

No need to. The POC are sufficent.

Your right of course Rory, if that is all the detail they have provided. I must say though, that it has to be one of the worst POC's I have seen. It is almost as if they expect it to go undefended and summary judgement issued without the need for documentation.

I would caution against a stat demand. To issue it you have to be certain that he is trading insolvantly as it is one step off bankruptcy. If he isn't insolvant, it could end up costing you. I would stick to the court process.

You use the standard N1 claim form. You list the defendant as J Bloggs T/A A con-merchant for example

First things first you need to send in the acknowledgement of service ticking you intend to defend the claim. This then gives you 28 days from service to respond. Before I can give you any further advice would need to see thier POC as it appears you have only uploaded the front page. If you would prefer you can PM it to me.

Kind regards

Mark

Finished bundle at 4:30 this morning. I have my local printer waiting for it this morning to copy. It will be filed at the court and posted to Cobbetts by lunchtime.

Well don Goldlady. At the end of the day we all do what we need to do so I completly understand you settling.

Thanks again guys.

Oh bugger. just re-read the court directions. Bundle due on by 4pm 8th not 26th as i had previously read. The 26th is the date on which the negotiation period ends. Any help with what must be in my statement will be gratefully appreciated. It looks like it will be a long night.

thanks guys printed of and added to the bundle.