Help.. I have just got court papers from Natwest **SETTLED BY CONSENT**

[supasta1]

that sounds great to me... thank you all very much. i would be lost with out you

[womble72]

Hi Doch,

 

Shouldnt Supastar have her defence in by now ?

 

Your going to leave it until the last minute.

[supasta1]

I was just going to mention, i have still not heard anything else from Natwest so will i have to send a defence in today or can i do it online over the weekend?? Any advice appreciated thanx

[womble72]

I think that Doch is putting together a embarrassed defence for you.

You have until Monday so dont panic.and i will pm Doch.

[DocH]

It can be done online either over the weekend or on Monday. You actually have until 4 pm on Tuesday to file, but I wouldn't want to leave it as late as that.

[DocH]

Hi supasta1,

 

Anything in the post today? Given that the POC is a bare demand for the repayment of circa £6000, I propose that you use the following holding/embarrassed defence:

 

IN THE (NAME) COUNTY COURT Case No

BETWEEN:

 

 

 

Give Claimant's Name (Claimant)

 

and

 

 

 

You - Give Name (Defendant)

 

 

 

 

DEFENCE

 

 

1 The Defendant denies that the Claimant is entitled to any of the relief claimed or at all.

 

2 For want of any or any adequate particularity apertaining to the allegations concerning the agreement, the Defendant's default and its termination, the Defendant is embarrassed and unable to further plead to the Particulars of Claim.

 

I, believe the above statement to be true and factual

 

DATED:

 

SIGNED:

[supasta1]

Thanx for this, i will do it online monday. I actually recieved what they claim to be my SAR in the post this morning and it is more pathetic than the POC. I will try and scan it tommorrow and post it up. It is 1 page, well actually half a page just saying with a comment that i once phoned them in 2003 and thats it?? It is even adressed to my other half instead of me?? are they for real, i paid £10 just for that?? arent they supposed to send all info relating to me that they hold, surely they have more info than half a page to cover three accounts?? should i write back or phone them to ask about it??

[DocH]

Yes they are, including but not limited to any agreements (Loan, overdraft etc), account statements, copies of letters, assignment notices etc. So they have fallen well short of the requirements There is somewhere on the forum (I can't find it at the moment) a thread on what you should do when a bank fails to comply with an SAR. I'll look again tomorrow.

[DocH]

Hi supasta1,

 

I've found the thread I was looking for, please take a look:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/178660-blackheath-loans.html

[supasta1]

i will read through now cheers

[womble72]

Hi Supasta1,

 

So the Ratwest have not sent you any statements?

 

Wow they must be bricking it because the amount of unfair charges on there.

 

Well done Doch for the defence. Nice and simple. excellent.

 

See what happens now but they will probably still try getting you in court.

 

I will be in court in the morning and not looking forward to it. Never mind.

 

Keep you posted how i get on.

 

Womble:)

[DocH]

Good luck for tomorrow Womble.

[DocH]

Hi Supasta1,

 

Some more letters for your use in connection with the SAR can be found here:

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/129-data-protection-act-non-compliance-template-letters-.html

[supasta1]

Thanx DocH, hope every thing goes well for you Womble.

[supasta1]

Hi everyone, I have just submitted my defence online. Thanx for the links above DocH, i will have a look through them now. I cant believe what these banks think they can get away with, it makes me sick. Best of luck to you Womble, hope everything goes well for you.

[supasta1]

I have just been reading through some threads and have come across one by Rory32, in this thread RBofS had informed him that they only keep agreements for six years and then bin them, Rory32 wrote back stateing that the 6 years is from the closing of an account not the opening and wrote informing them that he may report them for breaking money laundering regulations which immediately scared them off. I had a similar response from Natwest about them only keeping forms for six years so is it worth my while writing to Natwest now and mentioning this to see if they would drop the case?? Just a thought?? comments would be appreciated thanx

[DocH]

Yes, certainly worth a go. Do you have a link to the thread please?

[supasta1]

i will have a look now

[supasta1]

here is the link http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/93884-wescot-rbofs-oh-dear.html

[DocH]

Thanks supasta1, interesting reading. Well as RatsNest have told you they don't have the CCA for the loan, then Rory's letter would seem fine. Whether it'll prompt them to drop the case though, is anybody's guess.

[supasta1]

No harm in trying tho i guess.. what the heck, i shall send it tomorrow!

[DocH]

You will need to amend the letter to suit your circumstances though. Rory was in pre-litigation when he sent it. Whereas a claim has been issued in your case, so amend the letter to reflect this.

[supasta1]

i will try lol, thanx

[supasta1]

I was thinking of sending this letter off today, would this be ok. Any advice would be greatly appreciated thank you.

[supasta1]

Dear Sir/Madam,

 

I have just received what you claim to be a reply to my Subject Access Request. I would like to point out that firstly you have sent it to my husband when the request was from me. Secondly you are supposed to send everything you hold relating to me including 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),

 

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).

 

All you have sent so far is one piece of paper with a note saying my husband phoned you in 2003. This does not fulfil your obligations as set out above. May I remind you that you have a further 13 days remaining until the 40 day timescale is reached. At which point I will be forced to take action through the courts and claim compensation at the courts discretion.

 

I would also like to point out that on the February I spoke to from Incasso, I phoned to get confirmation as to whether Natwest have a Consumer Credit Agreement for the claimed accounts; she informed me that you had informed her that you are only legally obliged to keep copy agreements for a 6 year period. As I’m sure you are aware, this 6 year period starts from the closing of an account not the opening of one.

 

It would appear that you have failed in your obligations to comply with the various anti money laundering regulations in not keeping such documents. This, as I’m sure you are aware, is a very serious offence.

 

I would ask that you review this account and respond favourably within 14 days of the date of this letter. Failure to do so will result in me reporting this matter to The Financial Crime Branch of HM Treasury and any other authorities as I see fit.

 

I look forward to your speedy reply

Yours Faithfully