Nat West taking me to court ! Need Help urgent !**DISCONTINUED**

[emmaf01]

Does the overdraft include charges that can be reclaimed? Just to dispute that part of the claim as well.

 

Plus keep paying Payplan, so the judge will see you are being reasonable.

[womble72]

Hi Emma,

 

I do not have any paperwork on the overdraft so i really cant answer that.

I have sent a cpr so will the overdraft paperwork be included ?

[emmaf01]

It should be, can you recall any direct debits bouncing etc- are there likely to be charges included?

[darryl1960]

Fully agree with Emmaf01, by the way I was taken to court by Natwest due to overdraft. I claimed back all my charges for 3 seperate accounts and at court found that Natwest had deducted full amount of charges pending the ongoing high court case and as I had been paying small sum each month the Judge ruled that I should just keep on paying that amount and as case should not have gone to court did not award solicitors costs against me, now I can relax regarding that debt.

[womble72]

What i recall they may have charged me for the loan and a few direct debits when they froze my account.

[womble72]

Quick question regarding my online claim.

 

Should i submit my aos form now or just before my 14 days is up.

 

The when i do submit then is it another 28 days on top to send my defence to the courts ?

 

Kind Regards

 

Womble

[emmaf01]

I thought it was another 14 days.

 

5 days to receive claim, 14 days to acknowledge claim plus 14 to file defence.

[saintly_1]

Its 14 days from date of service to AoS then 28 days from service to Defence submitted

[womble72]

many thanks saintly

[womble72]

Hi Everyone,

 

Its been a while since i have done a thread about the Natwest but i asked for copy agreement from them, they have sent me a true copy of an agreement without my signature which was today.

It states under section 77 - THERE IS NO OBLIGATION FOR THE BANK TO PROVIDE ME WITH AN ORGINAL AGRREEMENT BARING MY SIGNATURE !

 

So they cant provide me under the cpr my original agreement with a signature ?

Now i am still waiting on the date for court to defend it so can this be used against them. Are they under no obligation to provide a me what i signed for ?

 

Can anybody please help.

 

Many Thanks

 

Womble

[pt2537]

Hi Everyone,

 

Its been a while since i have done a thread about the NatWest but i asked for copy agreement from them, they have sent me a true copy of an agreement without my signature which was today.

It states under section 77 - THERE IS NO OBLIGATION FOR THE BANK TO PROVIDE ME WITH AN ORGINAL AGRREEMENT BARING MY SIGNATURE !

 

So they cant provide me under the cpr my original agreement with a signature ?

Now i am still waiting on the date for court to defend it so can this be used against them. Are they under no obligation to provide a me what i signed for ?

 

Can anybody please help.

 

Many Thanks

 

Womble

 

Hi Womble

 

They are talking rubbish,

 

if you are being sued then they will need to show that there was a signed agreement

 

and under CPR 31 they will be obligated to disclose it so they are in difficulty if they dont have it

[womble72]

Hi Paul,

 

Thanks m8.

 

What can i put in a letter to the good old Natwest.

Is the cpr 31 in the standard cpr letter i sent them and took a age for them to send anything.

 

Many Thanks

 

Womble

[womble72]

Hi,

 

I have read the letter Natwest have sent me today and it is quite laughable.

They have sent me a credit agreement of an old bank loan for which i re financed and payed most off via the Northern rock loan.

They are suing me for £14,000 but this agreement is for £38,000 ?

This is the actual words in there letter to me,

WHEN RESPONDING TO REQUESTS MADE UNDER SECTION 77, THE BANK PROVIDE YOU WITH 'A TRUE COPY' OF YOUR AGREEMENT IN ACCORDANCE WITH REGULATION 3(1) OF THE CONSUMER CREDIT (CANCELLATION NOTICES AND COPIES OF DOCUMENTS)REGULATIONS 1983. THIS MEANS THAT UNDER SECTION 77 THERE IS NO OBLIGATION FOR THE BANK TO PROVIDE YOU WITH A COPY OF THE ORGINAL AGREEMENT BEARING YOUR SIGNATURE. 'A TRUE COPY ' DOES NOT NEED TO CONTAIN ANY PERSONAL INFORMATION RELATING TO YOU AS THE DEBTOR NOR DOES IT NEED TO INCLUDE A SIGNATURE BOX, ANY SIGNATURES OR DATES OF SIGNATURES.

I TRUST THIS EXPLAINS THE BANKS OBLIGATIONS UNDER SECTION 77 AND IS OFF ASSISTANCE TO YOU.

 

Also i have had another letter stating the following,

 

IT IS NOT CLEAR FROM YOUR CORRESPONDANCE IF YOU REQUIRE A FULL DATA SUBJECT ACCESS REQUEST.I WOULD THEREFORE BE GRATEFUL IF YOU COULD CONFIRM IF THIS THE CASE OR WHETHER THE INFORMATION ALREADY PROVIDES COVERS YOUR REQUIREMENTS.

 

Umm well what reply can i give the Natwest to all the above.

Can anybody come back with a good way of replying to them.They have either lost my loan agreement of £6,000 and only found the old one on there records and if no signature then the debt cant be enforcable can it?

 

Any ideas i can throw at them.(thanks pt34 for earlier input)

 

Many Thanks

 

Womble

[paulwlton]

Could you post the agreement

[womble72]

Hi Paul,

 

Here are the links on photobucket.

 

(1)covering letter-http://i222.photobucket.com/albums/dd235/womble1988/img024.jpg

 

(2)credit agreement- http://i222.photobucket.com/albums/dd235/womble1988/img023.jpg

 

(3)terms - i222.photobucket.com/albums/dd235/womble1988/img025.jpg

 

(4)charges - http://i222.photobucket.com/albums/dd235/womble1988/img026.jpg

 

(5)charges-page 2- http://i222.photobucket.com/albums/dd235/womble1988/img027.jpg

 

Also i put my defence in online over 6 weeks ago and still have not heared so i am assuming that there solicitors are not pressing on but can you look at this Paul and see what i can throw at them.

 

Many Thanks

 

Womble

[paulwlton]

Hi Paul,

 

Here are the links on photobucket.

 

(1)covering letter-http://i222.photobucket.com/albums/dd235/womble1988/img024.jpg

 

(2)credit agreement- http://i222.photobucket.com/albums/dd235/womble1988/img023.jpg

 

(3)terms - i222.photobucket.com/albums/dd235/womble1988/img025.jpg

 

(4)charges - http://i222.photobucket.com/albums/dd235/womble1988/img026.jpg

 

(5)charges-page 2- http://i222.photobucket.com/albums/dd235/womble1988/img027.jpg

 

Also i put my defence in online over 6 weeks ago and still have not heared so i am assuming that there solicitors are not pressing on but can you look at this Paul and see what i can throw at them.

 

Many Thanks

 

Womble

 

Could you post the true copy they've forwarded.

[womble72]

Hi Paul,

 

This was there 'True copy'.(supposedly)

 

Thats the only paperwork they have sent me.

 

I have no original paperwork from any of the loans i took out.

The orginal loan was for £25,000 then i re financed it down to £6,000 and payed the rest of with the NR loan.So i am not sure why it has nearly £38,000 on the paperwork followed by payments of £105.00 a month which was correct on the £6,000 loan.I am confused by the figures ?

 

Paul what questions can i give the Natwest.

I get a feeling this could be the only paperwork they have got but they did send me a letter asking if i need a FULL DATA SUBJECT ACCESS REQUEST.

 

Can you please explain what that means in lamen terms.

 

Many Thanks

 

Womble

[paulwlton]

Hi Paul,

 

This was there 'True copy'.(supposedly)

 

Thats the only paperwork they have sent me.

 

I have no original paperwork from any of the loans i took out.

The orginal loan was for £25,000 then i re financed it down to £6,000 and payed the rest of with the NR loan.So i am not sure why it has nearly £38,000 on the paperwork followed by payments of £105.00 a month which was correct on the £6,000 loan.I am confused by the figures ?

 

Paul what questions can i give the NatWest.

I get a feeling this could be the only paperwork they have got but they did send me a letter asking if i need a FULL DATA SUBJECT ACCESS REQUEST.

 

Can you please explain what that means in lamen terms.

 

Many Thanks

 

Womble

 

I'm confused, can't see a true copy or the figure of £38000

 

I would advise you make a full SAR.

[womble72]

Hi Paul,

 

Can you direct me to the s.a.r template please.

I will then send it off on Monday.

 

Many Thanks

 

Womble

[paulwlton]

Subject Access Request (Data Protection Act 1998)

 

 

 

Dear Sirs,

 

Account Number: (all account nos, or none if it is unknown)

 

As per the section 7 of the Data Protection Act 1998, "Subject Access Request", I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a true copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, internal and external emails; any other information held on any/all types of media in any relevant filing system (microfiche included). I should receive your full compliance within a maximum of 40 days of this letter being recorded as delivered by Royal Mail.

 

If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

 

Where any information that you provide includes any charges, for example returned payments, unauthorised overdraft, items paid whilst overdrawn, late payments or being over limit and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition which you rely upon to claim such a charge.

 

I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.3(e).

 

I enclose the maximum payable fee of £10 by way of a postal order (no*******)/cheque (no*****) and remind you that you have a total of 40 days in which to comply from the delivered date of this request.

 

May I confirm, as the ICO has already, that the 40 day time limit is not to be used as a guide for responding to the request but is the maximum period allowed in law and that whenever possible a data controller should proceed with all possible expediency in fulfilling such a Subject Access Request.

 

I await your timely responses

 

Yours faithfully,

[womble72]

Thanks paul.

Much appreciated.

 

Womble:)

[paulwlton]

Thanks paul.

Much appreciated.

 

Womble:)

I've pmd you my email...could you forward the true copy.

 

Regards

[womble72]

I really need your help please.

I filled a online form to defend my case back on Sep 25th.

I have just had a letter from Northampton Court and they have said that i did not reply to the claim form and now have decided to award the costs of £13,969.09 to the Natwest.

Where can i go i filled out defend all of the case but i heared no more.

What can i do ? Do i phone the court up and say i am defending it or is it too late.

Please i dont know what to do ?

 

Kind regards

 

Womble

[Goldlady]

Did you actually send in the defence after the 28 days or did you just return the acknowledgement of service? If you only sent the AOS and did nothing more then they have gone for default judgement. Which you can apply to have set aside if you are still waiting for the information requested in your CPR part 18 request. It seems odd because if you had submitted a defence the case would have been transferred to your local court.

[womble72]

Hi Goldlady,

 

i only did the aos on line but i did send natwest a cpr.

i was waiting for the court to send me information for my defence but also when i filled it out online i gave them my new address but they sent the judgement in my old address?

What steps do i need to do for the morning

many thanks

womble