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

[noomill060]

Its best to keep all advice visible.

 

With all due respect to phat256, you have no idea who phat is, who they represent or what their motives are. Given the tight time frame, you cant afford to act on potentially duff advice given privately. For all you know, they could be a troll trying to trip you up.

 

(No offence phat, feel free to give advice, but do it openly so others can correct any errors!)

 

If you need advice that you can rely on 110% I would advise you to contact pt2537 by PM urgently.

Edited November 22, 2008 by noomill060

[pt2537]

Its best to keep all advice visible.

 

With all due respect to phat256, you have no idea who phat is, who they represent or what their motives are. Given the tight time frame, you cant afford to act on potentially duff advice given privately. For all you know, they could be a troll trying to trip you up.

 

(No offence phat, feel free to give advice, but do it openly so others can correct any errors!)

 

If you need advice that you can rely on 110% I would advise you to contact pt2537 by PM urgently.

 

Absolutley correct Noomill

 

It is actually against the site rules to advise in private save for exceptional circumstances and this is not exceptional circumstances

 

This is a fairly routine matter that arises quite abit so i would respectfully ask that all advice remain in full view

[womble72]

Ok will do guys.

 

Sorry

 

Womble

[phat256]

no offence taken i didn't solicite to give any advice in private. the OP contacted me without any solicitation of my part . The OP contacted me on its on will and without any influence or input from me. As i mentioned to him, in it s n initail approach to me, that my answer regarding BR are limited to my own experience and what the OR and the DIstrict Judge are telling me and a such should not be regarded as "safe" .

 

the OP wanted to know if he will loose car fridge etc.. if he/she goes BR. my answer was/will be no as long the OP doesn't have anything / items/ antiques / paintings / cars / motorbikeetc... let's say over 1000 pounds .

 

the OR will be only interesting of item of large value , by what the OP told me he/she has some large savings (by my understanding) to which i said that h he/she should be carefull as the OR will claw it back so the OP can contribute towards his/her BR estate -plus the OP has still hasn;t though about getting an IPA/IPO for a maximum of 3 years.. iu hope i haven;ty got it woroing but this is waht the OR told me as well as the District Judge at my BR hearing month agos.

 

the only thing the OP wanted to know was more of my personal experience of Bankruptcy i also advise the OP to contact national debtline to get proper advice . which in itself is a big step . to which it is very personal .

[phat256]

ps most of my advice can be found on the Bankruptcy board of this forums for all to see .

 

i forgot to mention womble have you thought of an IVA as it seems that you have some large savings ? anyway contact National debtline before you do anything as BR is a big step not to take lightly it has in good points but also bad ones that soem people don't realise !

[womble72]

Hi Phat,

 

No i have no large savings ?

To have an iva you need a good sum of money a month to pay the creditors.

My ingoing & outgoing have rocketed since August and what i had in savings is being eaten up with food,rent,clothes.(children come first!)

I am under payplan dm and even i am giving my creditors more than i can afford and i ask about the Br route but that looks too grim for me at the moment.

I will carry on fighting with the help of the cag team and just pray that the Natwest carry on with my dm plan and being stopped a ccj in the process.

Thanks for your advice Phat and i have taken your comments on board.

 

Kind Regards

 

Womble

[phat256]

your welcoem wonble but don't forget BR is not all doom and gloom it can oofer a fresh start when u cannot afford to repay your debt ! i can say i am nuch better myself now than i was before like you my debt was taking over my life and my family and it now it even affect my health !

 

i advise you as i said to everyone have some legal advise about BR as it is required if u go down that route and i do apologise about misunderstanding your saving . i was the in the same position like you before my BR . we had no monewy for food go to work etc... ... and i got fed up with the constant threatogram , constnat phoen call etc.... that i choose to go down the BR route . since then i am much better and happier. i have a very basic bank account with barclays no debit card no cheque book no overdraft no nothing ( i even had to move house ) and i do not want them anymore i have learn my lesson too well !

let us known if u go down that route as we can offer support and i know taking the decsion takes a lot of courage and bravery than most people ever dare to think about !

[Goldlady]

Hi Womble, I didn't mention the BR idea as it is always better to avoid it, but from what you have said about your situation it might actually be worth considering. I would still try and fight the summons, but if you fail you do have the option of the big B. I almost did it myself two years ago, but then discovered CAG and found another way of dealing with all the hassle;)

 

As phat256 says there are plenty of us who can help if you decide to go down that route.

[womble72]

Hi Goldlady,

 

I may consider the big B word if the Natwest decision goes against me.

 

But with the help of the cag team i wont let them beat me yet.

I am worried but it is really good feeling of coming on here and there is help & support from people in the same situation.

 

So the B word as very last resort.

 

Kind Regards

 

Womble

[phat256]

womble have a look at the Money savings expert board on Bankruptcy. there is a lot of people considering undischarged BR or ex-BR stories. it is well worth a look at it .

 

Bankruptcy & Living With It - MoneySavingExpert.com Forums

 

to go BR it is easy it is the decison to go for it that take a lot of times and stress and the fees which i think it is really high !

[womble72]

Hi Phat,

 

Will look at the site.

 

Many Thanks

 

Womble

[womble72]

Hi,

 

I have just had a letter from the Natwest this morning and they state

We cant find my orginal agreement !

But are happy to give me figures when the loan was first drawn down ?

Can anybody give me advice because this could help my defence.

 

Many Thanks

 

Womble

[womble72]

Hi,

 

Sorry to be a pain but could any one help when time comes with advice of what i need to do when my date is set for a defence.

Here is some examples i can give

(1)DMP-Payplan all creditors are happy to accept a agreement each month.

(2)unfair for them to ask for the full amount?

(3)No written contract

(4)Figures are not clear on the paperwork on my thread ?

Thats just a few suggestions, i am just lost of what to do ?

Its sounds good news that they cant find my agreement but i really need directions of what i need to take to court and is the debt not enforceable.

Sorry i am just cant sleep or concentrate at work with this on my mind.

 

Kind Regards

 

Womble

[citizenB]

Do you have a date for court then Womble ?. If so, it might be a good idea to have a mod/site helper move your thread to the legal advice required forum.

[paulwlton]

Hi,

 

Sorry to be a pain but could any one help when time comes with advice of what i need to do when my date is set for a defence.

Here is some examples i can give

(1)DMP-Payplan all creditors are happy to accept a agreement each month.

(2)unfair for them to ask for the full amount?

(3)No written contract

(4)Figures are not clear on the paperwork on my thread ?

Thats just a few suggestions, i am just lost of what to do ?

Its sounds good news that they cant find my agreement but i really need directions of what i need to take to court and is the debt not enforceable.

Sorry i am just cant sleep or concentrate at work with this on my mind.

 

Kind Regards

 

Womble

 

Don't worry, if they haven't got an agreement they can't enforce the amount outstanding and you will receive help in putting a defence together.

[womble72]

Hi Paul,

 

Thanks for the reply. I read through alot of different threads on this forum and alot of the information goes over my head.

How long does it normally take for the court to give me a date when the judgement is set aside.

Will i get my £75.00 fee back from the court and will i still have to pay the £350.00 court fees as well.

I did feel a lot better when i recieved that letter from them because it gives me hope.

 

Kind Regards

Womble

[womble72]

Here is the information i received this morning.

 

We write further to your recent correspondance dated xxx concerning your recent request under s77 of the consumer credit act 1974.

 

You have requested a "True orginal agreement with your signature on", however as stated in our recent response on xxxx, as were unable to locate the original document we have sent you a true copy of the agreement.

 

If the date of opening or orginal balance is being queried, we can send statements showing the date the loan was drawn down as well as confirmation that you have had the benefit of the loan funds. If you require these statements please contact us as soon as possible.

 

Can anybody let me know what next step to take to answer them?

 

Many Thnaks

 

Womble

[womble72]

bump

[Goldlady]

I would write back and ask them for all the information they have suggested they can send. Under a CPR part 18 request they are duty bound to send you everything they intend to rely on in court and they have not yet done that.

 

In my opinion anyway.

[womble72]

Hi Goldlady,

 

I did send off last Friday for a scar to the natwest.

Is that good enough or should i send them the cpr part 18 letter again?

Sorry for sounding so dumb but some of this stuff does go over my head.

 

Kind Regards

 

Womble

[womble72]

Hi Goldlady,

 

What paperwork in lamen terms should i have from the Natwest, under a cpr part 18.

 

Is it the full statements of when the loan started and any extra costs for not paying it.

Any default letters i should of recieved.

I just need to understand under simpler terms of what i need back from them.

 

Sorry for being a pain

 

Kind Regards

 

Womble

[Goldlady]

Hi Womble, yes you should receive all the statements and copy letters as you say there with the CPR request.

 

A SAR I think is a bit more detailed in that it asks for absolutely everything they have on you, including transcripts of taped telephone conversations and all the notes they have made on their computer screens.

 

But now you have asked for both you should get absolutely everything.

[womble72]

Hi Goldlady,

 

Thanks for the response.

One more question please

If none of the paperwork arrives by the time i recieve a letter from the court for a date and i turn up with no paperwork from the Natwest "Will this be my defence "

I am just worried that on court day i have no paperwork you guys can look at for me so i can prepare a good defence.

 

Kind Regards

 

Womble

[womble72]

Hi,

 

Had another letter today from the them and they inform me that they wont give me my scar details UNLESS i sign some paperwork ?

 

Any advice cag team because they refuse to give me what i need unless i sign a piece of paper.

 

Many Thanks

 

Womble

[citizenB]

Dear Womble,

 

Send them a short note saying

 

 

Dear Sirs,

 

There is no requirement in law for you to require a signature fo Subject Access Request. NatWest have quite happily sent sensitive documents to my address previously.

 

If I havent received the documents I have legally requested under the Data Protection Act 1998 within 14 days from this letter then I will be making a formal complaint to the Information Commissioner's office.

 

Yours faithfully,

 

 

 

THIS TIME SIGN IT WITH A COMPUTER FONT

 

a script font from Word , maybe like this:

 

Andrew B Jackson

which is ''Bradley Itc Hand'' (16) - but it's your choice ......

 

Your only other choice is to sign your name over a series of lines

 

________________

_________________

________________

 

but make them a bit closer together.

 

There is another letter that is a bit more forceful than the one above. If I can find it , I will pop the link here for you.