Choco V Natwest

[fendyweather]

Hey choco, Ive been reading the threat but gotten totally lost. Its not very clear. What is the question you are asking again, and I will see if I can help.

 

??? WHAT DO YOU NEED TO KNOW ???

 

Fendy xxx

[choco]

ok 2 things:

 

there's a thread that says u can claim remittence with the court costs, i printed this form out but can i use this on MCOL?

 

2nd I used the advanced spreadsheet which inc interest, it has 2 columns that include the 8% one on interest one on charges, so I add these 2 together and put the total on the court papers?

[fendyweather]

Right, yes you can use the remittance thing on MCOL, however, you will have to pay it first and then claim it back after, it wont let you submit the forms online without making the payment first...........the only way to get around not paying it in the first place is to issue through your local court offices, then plead your case to them i.e. you cant afford the fees to submit the claim, and they look kindly upon it and will let you file without paying.

 

2. The advanced spreadsheet is the one which works out interest on your overdraft, i.e. overdraft interest yes. ???

 

You can add 8% to each claim you make YES. If you have used contractual interest in your claim, i.e. the 29.5% thingy I think it is, then you cant claim 8% on top of that when submitting to court. So if youve only used the spreadsheets which calculate overdraft interest for you, then YES, you can add the 8% when filing your claims, each of them, through court.........

 

There, hope that helps Choco. Best of luck.

 

Fendy xxxxxx

[choco]

Thanks luv that has cleared up the court issue, i'm really broke I gotta pay forrepairs on my car plus tax so I cant pay thta, but I so need to get these court papers issued, I'm just gonna either have to go to my local court or borrow.

Yes I did use the spreadsheet that adds overdraft interest, what i just wanted to check is this; it has a column with 8% for overdraft interest, plus 8% for the charges interest, so i do add these 2 together then? and then add the total to the court claim?

[fendyweather]

Yes, thats it. Its your total charges, plus total overdraft interest, plus 8% interest. Add all three and that gives you your total. You will be shocked I can tell. But if you really cant afford to pay the court claim fee, go to your local court offices, plead poverty, (theyre good usually) and they will let you submit without paying.......... But be convincing, you want them on side............. and lots of please and thank yous them, Ive found....... It goes a long way. Lol xxx Fendy xxxx All the very very very best. Go get em Choco................

[choco]

Thanks a bunch for that. for some unknown reason one of the spreadsheets hasnt worked out the 8%, and it had to be for the account that im claiming the most money for!! arrghh, its just saying VALUE!, I hate excel.... anyway i'm gonna try figure out what went wrong there, or simply just use a calculator and figure it out...!

[fendyweather]

Just copy and paste the cell above into that cell. Right click over the cell you want to copy the formulae down from, click copy, then drag the cell down to the one below, and right click and paste. It will copy the formulae down for you. Easy.............. Fendy xxx

[choco]

thanks dear, apparantly the spreadsheet actually totals up the 8% incorrectly anyway, so I do have to do it manually.

[Caz1974]

Hi Choco

A friend of mine was skinto at the court stage and instead of doing an MCOL claim he filled in an application for exemption ( he wasn't on benefits but his incomings/outgoings were taken into account and he recieved a full exemption and also at the AQ stage he filled in another exemption form and that didn't cost him either ).

I know it's time consuming but to save the £120.00 it's worth going to your local court ( I know you can get it back from MCOL but what's the point if you haven't got it in the first place) It's money better off in your pocket hun:)

Keep at it hun you're doing great!

[choco]

aww thanks for making me feel better hun! 8-) Well thats just it i dont have it so am gonna have to go into my local court. no doubt they're only open monday to friday 9-5.....

[choco]

Morning guys, I really need urgent help with this one.

Birmingham Collections centre have ignored all my letters, and the fact that they are breaching the banking code, anyway what they have now done is forwarded my accounts onto a company called TDM whom are threatenig to send bailiffs to my house etc. What do I do??? Please help!!!

[choco]

anyone??

[Caz1974]

Hi Choco

Write to this new company and enclose photocopies of your letters sent to Natwest and Birmingham collections.

Explain in your letter that you do not aknowledge the full amount of this debt and point out that they can clearly see from your enclosed correspondance that this debt is in dispute.

There are then two things you can do :

1.Write giving them a budget plan of your incomings /outgoings and try to negotiate a suitable payment plan ( I offered a nominal £1 a month until my disputes were settled just to keep them at bay because I knew once the bank paid up it would clear the balance)

2.Or you could just explain because there was a dispute on the account you want all action to be held until the dispute was settled.

Photocopy whichever it is you decide to do and send it recorded you can add this to any complaint you wish to make about the way Natwest and the Birmingham collections centre have treated you by ignoring your requests and obviously refusing to hold actions on your account whilst they were in dispute.

I am still compiling my complaint it seems everlasting since I have had my charges refunded they haven't sent me a single statement so apart from seeing it appear at the cashpoint and vanish I have no cast iron evidence that it was paid in.I visited my local branch just this morning to enquire why and they just said I had been passed to the Telford collection centre prior to the balance being cleared and has so I would no longer be recieving statements from the bank - what a cheek!

Don't give into them hun - no baliffs will call they have to take you to court before that happens!

[Bookworm]

Like Caz says.

 

Also state in a very categorical manner that you KNOW that their threat to send the bailiffs is nothing more than an attempt at intimidation, as you know that they would have to take you to court (and win!!!) and then for you not to comply with the court order before they could obtain a warrant of execution that would allow the bailiffs to contact you, and that any further threats of that kind will be reported to the OFT and a complaint made about what seems to amount to one of the unfair practices they are supposed to abstain from.

 

Enclose a printed copy of this leaflet:

http://www.oft.gov.uk/shared_oft/reports/consumer_credit/oft664.pdf

 

so they know they can't mess you about, cos you KNOW your rights.

[choco]

OK thanks soooo sooo much guys, I'll say this every time but I cant believe this bank I really cant, its very much a tit for tat thing with them. I'll get that letter sent to this new company today, I do want to stick to my guns and ask for all action to be held, as they know full well that they are not supposed to be taking this kind of action against me, but if that's the case then why have they breached it so blatantly??

[Bookworm]

Because they hope that YOU don't know that. ;-)

[choco]

Well over the weekend I got yet another letter from collections centre, it seems they want to take control of it again now and not this new company! I wonder if they actually know what they're doing, its not because I scared of TDM with all my legal talk as there was no way they could of got that letter and passed it back to the collections centre in that timescale!

Anyway last week I called that lady caz spoke to, she returned my call, left a voicemail to say she would call back and she still hasnt, so i'll be calling her today as it seems they refuse to acknowledge my letters, so lets see what she's got to say when I talk to her about it!

[Caz1974]

Keep at it Choco you're doing great.

I know it all seems a bit daunting but it'll be worth it in the long run.

I decided in the end not to discuss anything over the telephone because I would get told one thing ( and relax) and a few days later would recieve a letter saying the absolute opposite.... good luck with your conversation if and when you get to speak to her but I'd add onto the conversation that you would like everything discussed and agreed to in writing:)

[Caz1974]

Also you'll be amazed at the speed of a fax from one dept to another or even a telephone call,it looks to me as though they might be starting to listen

[choco]

Keep at it Choco you're doing great.

I know it all seems a bit daunting but it'll be worth it in the long run.

I decided in the end not to discuss anything over the telephone because I would get told one thing ( and relax) and a few days later would recieve a letter saying the absolute opposite.... good luck with your conversation if and when you get to speak to her but I'd add onto the conversation that you would like everything discussed and agreed to in writing:)

 

I have tried to go down the road of getting everything in writing but they are completely ignoring my letters so i'm trying this and see what comes out of it! I most definitely will be getting everything in writing

[choco]

Also you'll be amazed at the speed of a fax from one dept to another or even a telephone call,it looks to me as though they might be starting to listen

 

Its amazing how they can fax my comnunication with them over to collections but they cannot acknowledge any of the letters I am sending them!!! What more can I do to get them to at least acknowledge the fact that what they are doing is unlawful??

[choco]

ok listen to this! Spoke to Mrs Sharon Earl - 0800 056 3574 (care team) feel free to use this number! she basically tried to play the dummy card she claimed to not know what letters I was talking about, so i just read the letter out to her and made a point of saying they was breaching the banking code! when i asked her why, she was dumbfounded, she then replied after about several seconds they have nothing to do with the charges side of things so she doesnt know what is goign on with regards to that, at that point i started to record the call. Anyway she asked me what stage i'm at with it, it told her its goingto court this week and the only reason it hasnt already is becasue i've had financial setbacks, thanks to them! Then get this, she says, have I accepted the offer?! SO I said how do YOU know about any offer. if you have nothing to do with the charges! lol she really put her size 7's in it! She then fobbed it off with its pretty standard thats, why, so after a couple of no its isnt yes its is, i cut her off and said Mrs Earl its pretty obvious your lying, you did get all my letter and YOU do know what's happening with this, but your obviously not at liberty to say! she then offered to hold any action on my account for a month!! BUT they cannot freeze interest and charges - and dont worry i'm getting her to put it all in writing!!

[choco]

Hey all, I'm a bit concerned about this claim form, (yes i'm still at this stage), I'm basically gonna try and claim remittence but i havent been able to get the time off to go to court, anyway i'm doing it on Monday

 

So this form, has anyone added the Interest under s.69 County Courts Act 1984?? I know some people arent bothering with this?? I'm confused as to how to work it out???

[fendyweather]

Choco, just use the spreadsheets on here in vamps chambers to use the 8% interest calculator. Or if you cant find it, just PM me and I can send you a copy. But when you did your schedule of charges, did you NOT use the spreadsheet from here with the 8% on it, but just hide the column when you printed it off and sent it to bank ?? which sheet did you use to calculate your charges, ie.e. spreadsheet I mean ?? which one ???

 

Fendy .xxxx

 

Nice to see you back again.

[choco]

Hi hun

 

i did use the spreadsheets that are on here. I used the advanced spreadsheet. ok, so basically i take the figure from the worksheet that calculates the 8% and add that figure on the court form then? why didnt they just put in brackets (8% interest!) so people like me realise thats what they're talking about!! oh i feel silly now!!!