BIG problem here !!!HELP or advice please!

[crispqueen]

Thanks Eggopp, have decided not to and just am enclosing the updated schedule of charges...I`ve thought about it since posting the last time here, dont want this to get more complicated than it already is.

Am going to just rumage round the net for some IVA law to maybe add the last page - though I`m sure a Judge knows all about the law with them...but just to back me up. Its just a bit weird arguing my case as its not the argument as to why the charges are unlawful, its the arguments about why an IVA is conducted in the first place(i.e to consolidate all the debts a person has and not to take money which has been given to them after it is over)...Strange one-eh!

[eggopp]

Well ive sent SAR to Halifax for 3 credit cards mine and the wifes, im gonna go down the contractual with them.. there the main instigaters that led to the IVA, ive also asked for evidence about telephone conversations as they are recorded and transcribed.. if what they owe me is a considerable amount and im sure it will be, i will be asking the court to review my IVA same as those have asked to have defaults reviewed. i would very much like to place partial blame for my IVA on porr credit lending rather than poor borrowing.. hey who knows what could happen with the proper evidence...

[crispqueen]

Yeah I get what youre saying...there would have been a good bit less debt on my IVA too if it wasnt from unfair charges on a most of my IVA creditors...I`ve a few claims to do on credit cards (when I get this one sorted out) Now that I`ve got the jist of the process I might go down the Contractual route for those too.

I`ve enclosed with my court bundle information about a wrongly applied default from Nationwide too,(thought theres no harm in seeing if the judge wants to help on that issue cos it was applied AFTER an Interim report was made through the High Court)

I think whats going to hapen (hope I`m not too optimistic ) is that the judge will order them to pay the full amount to me and they wont (going on past experiences where they have totally ignored me) and I may have to send in the Bailliffs...This claim isnt even for that much £400 odd quid but its the principle of the thing (and I do hate it when someone tries to wipe my eye)

[crispqueen]

Well i am now suffering with insomnia as I have my hearing for assessment in the morning...will let you all know how it went:-)

[Guest bong]

me too vnk - and my hearing's not until friday LOL!

 

Good luck tomorrow (or later!)

[eggopp]

Good luck today vnk.. keep us up to date..

[crispqueen]

Hi folks - sorry if its taken me a long time today to let you know what happened but unfortunately the case was dismissed!!!

Heres the story...

Arrived in time and was brought into a room with a lot of other small claims. The judge asked me why I was there if I`d already been paid the charges and I briefly told him about the IVA. He then suprised me with the introduction of Nationwides acting solicitor - who I wasnt informed was attending BTW.Anyway he asked me and the solicitor to go into a room and try and resolve the matter. We went into athe room and I have to say the solicitor was very nice (though I was cautious) but he said that he knew nothing of the IVA and couldnt see why I shouldnt be refunded a cheque. (sounds good so far I know but them this is what happened)

He needed the authority of another Nationwide legal colleague and phoned him but couldnt get him on the phone! By this time the judge called us again and we had to go in to the hearing and the judge therefore would decide..The judge was a real ****er as he accused me off making the claim intentionally 9 days after the end of the IVA and therefore was trying to `fleece the system`(my words). Nationwides solicitor actually told the judge that bank charge claims were relatively new and he didnt think I was trying to act in this way but the judge disagreed with HIM then and said that because the first charge on my schedule of charges was in May 2006. before the IVA, the charges were in fact monies that I knew about(not) and should have used them in the set up of the IVA as an asset...???

Anyway he said he was very busy with these bank charge claims and just dismissed the case. I did put all my arguements to him and asked him would he not look at the information I had brought to him and mentioned that my IP had a letter in that info stating facts relating to the whole thing and he said `I dont care` (his words)

By this time (45 mins later) I was actually listening to my heart beating (louder than the judges voice)lol

So there you are folks ..thats it Though I have now discovered that there is a judicial complaints system in the courts,,,Would I dare? who knows? Will think about that one but I have to tell you all one thing ..although I have no faith in the small claims system being for the `layman`...I still have few more claims to do yet for unfair charges on credit cards which werent as complicated as this one and WILL go to court again to fight them

[eggopp]

OMG... As you know i have an IVA also... Im at MCOL stage at the moment and Nationwide are defending... (time to crap ones pants) Only difference here i think is i can evidence (and will now preapre to) that another bank has paid out to me which was handed over to IVA straight away as 'part of my assetts' (i hope). Also in my view these charges were incurred 'after' the imposition of my IVA and therefore couldnt be included in the IVA schedule or contract..

 

So if Nationwide are monitoring this forum... Mr Bacon.. I want my money and you CAN give it to the IP i dont care coz it will still come off my debt.. See you in court my friend its going to be interesting..

[eggopp]

ive read through the whole thread again from scratch and it certainly reads to me like the judge was having a bad day and you have been penalised for the Nationwides cock up..

 

Did you have to pay any costs or fees towads Nationwides Agent today? Or are you going to apeal the decision made by the judge?

[crispqueen]

BTW...I had already won £1900.00 off Nationwide (glad I didnt tell the judge that-eh)lol

[crispqueen]

will get back 2 you later am onb phone!

[crispqueen]

hi Eggopp - sorry bout that - have been on the phone all day will concerned people (family) all wanting o hear the biz!

 

Youve definately got a better case than me and i think you`ll be fine...

This has just taught me a lesson that I need to be wary off because of the IVA and what angles i.e. pitfalls I need to look out for ...my voice was hoarse from Friday as well(laughs)

Morale of the story...

Dont go to a concert and lose yer voice 3 days before court(haha)

 

 

 

Its been a crap weekend because we voluntarily sold our house to go into the bloody IVA that gave me the Nationwide problem (today), Me and hubby (on Fri) recieved a letter from the guy that bought our house (to create the IVA in the first place) to tell us that we have 28 days to move!

 

Can it get much worse???

yes there was worse that I`ll not go into ., but lets put it like this "im now feeling the effects of now having the Iva

(at first I felt negetive but I`m positive again)

 

Hopeyou dont mind but I put out a few little benefits of having an IVA

This is my story

 

 

no credit,

no cheque book

no cheque card,

no store card,

no loan ,

no hire purchase,

no mortgage,

no 2nd mortgage

 

(and I`m sure theres others I cant remember)

 

Oh !!!And if you count the business we had:

 

no accounts

no business loan

no busness debit card

no lease

no rates

no rent

no overheads

no staff (though I did like them all )

 

no... others that dont spring to mind

 

I do feel a bit insecure...but remind myself that thats not insecurity...thats bravery for going into one in the first place:)

AND YOU CAN ALWYS LEARN FOR THE NEXT TIME

LETS ALL REMIND OURSELVES OF THAT!!!

 

wHADDYA THINK ?lol THOUGH I DO MISS MY CHEQUE BOOK:(

[lori1]

aww. VNK i am so sorry to hear that your case was thrown out, you didn't have a chance with a judge like that!! i hope someone will come along and be able to offer you some advice. xx

[eggopp]

Hello again, sorry to hear all your issues, Like Lori said and i concurr 'horrid judge'

 

I agree credit cards, cheque books, credit.. its all missed but hey.. at the end of the day what you earn is yours.. As for me (perhaps this coversation should be private lol) ive been offered a remortgage with Chelsea BS which will cover everything, pay off IVA in FULL and reduce my monthly outgoings by about 600 a month.. so subject to IP agreeing, its all systems go for me..

 

in my details is my MSN address if you wanna chat about stuff we have in common, feel free.

[crispqueen]

Thanks again LORI (and EGGOPP) you have jumped once agin into my thread and gave to me some positivity(

Its all in a days work but this claim , although I was dreading the court awhile ago became insignificant when I look at other stuff goin on - which is good cos I think it`ll make me take all future claims more in my stride!

ive been to court now - I know what to expect - Hubby said that I fought my corner well...He thought that the judge had made his mind up before I even sat down the first time because outside when I was explaining to him in front of these people ( at first) that I had been involved in an IVA he asked me ¬what is an IVA then?` - like tryin to patronise me (maybe I`m just supersensitive)

willl PM you in a day or 2 hopefully eggopp(thanks)

[eggopp]

I work in the court system, these judges have a belief that they are above everyone else, at the end of the day, they are no more equal to you or i, and if you stand your ground politley as you have done you are respected more.. However from experience, if you get a Judge on a bad day, they dont take any of your circumstances into account and thats wrong... The judge you had today needs taking to task for his arrogance, and inability to listen.. If the NW had a legal representative, then the judge has to act impartial and give you advice and the beneifit of the doubt.. if i were in your shoes now, i would be phone the CROWN COURT and asking for the name of the most senior judge there and then make a formal complaint.

 

The system is there to provide fairness and legality, sense of purpose and to protect the small insignificant feeling person. In your case you have been failed by the system.. A system that is there to protect you from 'predators' like financial institutions/.... its a disgrace..

 

Your Honour.. if your reading this; then you need to seriously think about your actions today and if it were i, a compliant would be pending, of that i can assure you..

[crispqueen]

OMG eggopp I`ll be talkin to you 2morro...Ive had a couple of glasses of wine to numb my emabarrassment and pain(smiles) but I cant believe you feel so strongly...

let me finish the wine and sleep on it.I`ll pm yu 2morro.Thanks so much BTW

[shirlene76]

VNK, im horrified reading your story, you simply MUST soldier on, I cant believe what that judge has done to you, go on POWER TO THE PEOPLE!!!!!, We will all be here to support you.

[MilkTrayMan]

Hello again vnk!

I owed them £1250. of an overdraft on our Flexaccount and my hubby owed them about £5k oof a credit card balance.

...and U say that Nationwide had already repaid U £1,900 BEFORE U went into Court re: To Claim that U shouldn't owe Nationwide anything cos of their "reluctance" to be included in your original IVA???

Have been 'off piste' recently, so U will have to excuse my naivety/confusion...

What did the £1,900 payment relate to??

If it was for a separate Claim for unlawful Bank Charges, was it settled @ the amount that U originally Claimed??

...Or was it accepted as a Part Payment for an overall Claim??

How much of the O/D and CC balance related to unlawful Bank Charges??

What were U actually Claiming for @ Court???

Best of luck in your other Claims btw...

[crispqueen]

VNK, im horrified reading your story, you simply MUST soldier on, I cant believe what that judge has done to you, go on POWER TO THE PEOPLE!!!!!, We will all be here to support you.

 

 

Thanks Shirlene - I was also horrified!!!

Thing is - They may have got me by the proverbials because as I`m just about to explain to Milktrayman,- They could do me worse if I went back for not declaring the last refund of bank charges which was in the middle of the IVA...Vee- But thanks anyway.x

[crispqueen]

Hi Milktrayman - was wondering where you went to (haha) as long as you were enjoying yerself - thats what matters!

The £1900 was a reclaim of charges I got in October (before they were as well clued -up) ...It was seperate and paid out in full before Nationwide realised an IVA had been on the go (in NI and the most I can claim at small claims is £2k - the general concensus at the time was to split the claim, and the £459 I went for last week was the remainder of the 6 years unlawful bank charges)This was on the Flexaccount alone BTW

...I havent even got to have a look at the credit card charges yet,,this one really did throw me and that horrible judge - BUT I will go on to claim the other charges from other palaces...am still chewing this one over though I do think Im beat `cos of the dates and what I was accused of...Whats your opinion(pleese)!?Vee

[MilkTrayMan]

Doh!...Silly me...Should have realised that "BIG problem here !!!HELP or advice please!" related to your previous threads "vee v nationwide" X 3 and "member services department"...which were all done and dusted before my time!

Was it the £1,900 U were previously awarded, withheld by Nationwide cos of it's 'reluctance' to be in your IVA?

This would STILL put U currently in Credit compared with your original £1250 O/D, so ALL is not lost then?!

U will just have to prepare more thoroughly when it comes to Re-claiming your CC unlawful Charges...@ least U no longer have the IVA to worry about!

Best of Luck!...

[crispqueen]

Hi again - sorry for confusing you MTM...

No - the £1900 wasnt witheld...say no more( It was before the clowns `realised` about the IVA...Thats what I mean - I`m quitting with this one while I`m ahead - I dont want to encounter that judge again , and yes the IVA is over (thank heavens)...

I`ve learnt a very good lesson about the dates relating to the IVA...thing is, I felt the need to call in and see my IP after the court experience, I was told by them to go ahead with the charges in the first place, so I wanted to let her know what pitfalls her other clients might come up against (i.e with their dates) Though she still agreed with me...ah well - its all a learning process - just trying to get ccjs removed now that shouldnt`ve been put on cos an interim order was already in place by the High Court at the time of their entries...There`s a lot of tidying up to do after our IVA -

Thanks for your help and advice - it all makes a difference:-)