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Nat West Case stayed

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  • Nat West Case stayed

    Hi, I was wondering whether I may have a case for a hardship claim.

    I have a claim ongoing with Nat West. In Aug I received a letter saying I could either wait until after the test case or accept £846. It was quite a bit lower than the original claim but I needed the money and couldnt afford to wait until the outcome of the test case, so I signed it and sent it off. But I still haven't received the money.

    Meanwhile, I am in a debt mgt plan with Payplan. NW had accepted and frozen the interest, but in August they asked for a review of my finances. So I spoke to Payplan and redid my financial assessment. Payplan said could I increase my payment and that would keep them happy, so I increased it by £10/month.

    Around this time I got a phone call from NW saying they would reduce what I owe then to 13k if I pay it all up-front (they are saying I owe then 19k)

    I then decided to try for an IVA. My house was valued at 45k less than we bought it for 18 months ago. So we are in -ve equity but waiting for the creditors meeting to see if they will accept my proposal.

    Then last month out of the blue I get a letter from their solicitor saying if I dont pay the full 19K they will take legal action. I spoke to NW and they said it had been escalated because they never received the financial assessment from Payplan. I spoke to the legal person on the phone and explained but she said there was nothing they could do and unless I paid the full amount they can do a charging order and repossess my house. Which is interesting seeing as there's no equity in the property, but it's quite alarming all the same.

    I never borrowed 19k in the first place, a considerable proportion of this is charges and interest which was front-loaded on loans. Any advice gratefully received. WBA :witch:

  • #2
    Re: Nat West Case stayed

    Hi WBA

    How much were you claiming back in charges originally?

    I would normally be concerned that you had accepted their settlement as full and final but as they havent paid out, you may still have a strong claim.

    It does seem as if NW is using the waiver period to escalate your debt problems and you may be a viable hardship case.

    We will have a closer look at your situation, probably ask loads more questions and see what is the best course of action.
    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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    • #3
      Re: Nat West Case stayed

      Celestine, I think there is a valid case that if the bank did take action that a stay could be requested on the basis of the validity of the charges, as well. Having read the transcript of one of the Cardiff county court cases which seemed to indicate that they would allow cases on charges if during the period of a stay that the bank chased any of those litigants in person for the charges through the courts.

      Comment


      • #4
        Re: Nat West Case stayed

        Do you wish to accept the earlier offer or do you now wish to go for the full amount?

        If the former, I have a letter that I wrote because Natwest did the exact same thing to me - they sent the offer letter, I signed it and returned it and when they were telephoned to find out why the money had not been credited they whinged about the OFT test case.

        Section 12 of the F.S.A - Directions to the banks and specifically paragraph 4(d):-

        (4) in relation to complainants who have already received a redress offer (including an offer for goodwill payment) at the date of this direction but not yet accepted or rejected the offer, the firm must (unless the court or the Ombudsman directs otherwise in a case it is considering at the date of this direction):
        (a) inform the complainant about the test case, this direction and their effects;
        (b) take reasonable steps to ensure that the implications of accepting or rejecting that offer are communicated to the complainant before he commits himself to accepting or rejecting that offer;
        (c) give the complainant two months within which to consider whether to accept or reject that offer with a clear explanation of the risks of each option; and

        (d) honour that offer if it is accepted by the complainant;


        Let me know if you would like the letter.

        Comment


        • #5
          Re: Nat West Case stayed

          The original claim was for £1155.46. NW have started a claim against me. In their particulars they say that I have refused or delayed to pay. This is not true as I am paying them through Payplan's dmp. I am hoping I can persuade them to hold off and just acept my IVA proposal. This may be difficult due to the negative equity thing, but I think if they did go for it that might be my best option. So I might be better off to wait a few weeks until that goes through rather than add fuel to the fire with this?

          Comment


          • #6
            Re: Nat West Case stayed

            They have actually started proceedings? If they have and you have their POC's you need to reply to them.

            Comment


            • #7
              Re: Nat West Case stayed

              If you have their POC whiskers, can you post them or PM them to a Team Member

              Comment


              • #8
                Re: Nat West Case stayed

                Hi, quick update:
                Paypal have asked me to send them the CCJ. They are going to fill it in on my behalf and ask them to hold off until the creditors meeting. I was feeling really stressed this morning and actually in tears at one point (that's not really like me):cry:But the guys at Paypal don't seem too concerned so that is reassuring:okay:. They have said it should be fine when they receive my updated financial assessment, they said it must have gone to the wrong department and it is not uncommon for events to escalate like this when that happens. They also said it is fairly normal for banks to just press on with court action when you are applying for an iva. My case officer feels confident that my iva has a good chance of being accepted, despite the -ve equity situation. So feeling much more positive this evening

                The jist of the POC was somthing along these lines:That the claimant claims that that the defendant owes £19,000. That I have refused or delayed to pay. That they claim the full amount plus 8% interest up to judgement or payment etc.

                Comment


                • #9
                  Re: Nat West Case stayed

                  Does anyone have any update on this claim please?

                  Comment


                  • #10
                    Re: Nat West Case stayed

                    Last time the OP read this was December 2nd 2007
                    Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

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                    • #11
                      Re: Nat West Case stayed

                      Damn I feel crap now for missing the last post and not replying !
                      #staysafestayhome

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                      • #12
                        Re: Nat West Case stayed

                        Hello,
                        Sorry guys, I've not been on for ages, here's an update: I have a variation meeting booked for 27th May through Payplan, where my creditors will decide whether or not to accept my full & final settlement offer. Then i will pay my father in law back as & when I can. This means if they accept I'll be in a position to hopefully claim back some unlawful penalty charges from nat west. In the meantime I suppose I'm lucky in that I still have a mortgage, only from june it goes up astonomically, leaving me with pretty much zero surplus. So I guess my creditors would be silly not to accept my offer. Fingers crossed.....:tinysmile_hmm_t2:

                        Comment


                        • #13
                          Re: Nat West Case stayed

                          Hi Whiskered,

                          What are you offering them?

                          Do you know hom much you have to claim back from Natwest? I know originally your claim was around a 1k has this gone up? WOuld it be worth sending an SAR to get all your details from them.
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                          Comment


                          • #14
                            Re: Nat West Case stayed

                            They have approved my offer, HURRAY!!!!!

                            Comment


                            • #15
                              Re: Nat West Case stayed

                              Originally posted by whiskeredbattleaxe View Post
                              They have approved my offer, HURRAY!!!!!
                              Good for you, well done.

                              Comment

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