Okay, story so far:-
Business account with NatWest Bank, authorised overdraft with NatWest Overdraft Protection Insurance.
Business fails, write to Natwest in May 2008 explaining situation and am therefore unable to pay off overdraft (circa £10k). Nothing heard from NatWest at all, not even a statement until Irwin Mitchell Sols, start sending threatening letters for debt now just under £15K. Write to IM telling them "Yes, I had an account with NatWest, thought I was covered by their overdraft insurance, but just in case I aren't please accept £20 per month as per income/expediture". In meantime I SAR NatWEst, making particular reference to overdraft insurance. IM write back, "Not listening, need at least £200 per month to avoid further action", I write back, "Don't be silly, have a look at my I/E, you'll see I have other priority debts including CCJ's", IM write back, "Still not listening"
SAR reply arrives from NatWest, containing just a one page diary of events for the last 2 years, no statements, no insurance documents, nothing. Write back to NatWest repeating SAR reuest.
County Court Claim arrives, I submit AofS and CPR IM, deadline for defence approaches, no reply from IM so submit embarrassed defence.
Letter from NateWEst, pointing out that they replied to my SAR earlier, but just in case I hadn't recieved it here it is again......same document as before and nothing else.
Contacted Court who inform me that my defence has been received and forwarded to IM, but seeing as IM have not responded Case Stayed.
Now I need to know where I go from here.
Court :- Do I leave it as it is? I understand that to reinstate, NatWest/IM need to give Court good reasons to do so, and that I have to be informed should they wish to do so, or do I apply for a strike out? if so do I use N224? and if I apply for a strike out can NatWest/IM make another claim?
NatWest:- Do I persue the SAR request, or am I shooting myself in the foot? and why haven't they sent me anything other than a one page diary of events?
Any assistance much appreciated.
MA
Business account with NatWest Bank, authorised overdraft with NatWest Overdraft Protection Insurance.
Business fails, write to Natwest in May 2008 explaining situation and am therefore unable to pay off overdraft (circa £10k). Nothing heard from NatWest at all, not even a statement until Irwin Mitchell Sols, start sending threatening letters for debt now just under £15K. Write to IM telling them "Yes, I had an account with NatWest, thought I was covered by their overdraft insurance, but just in case I aren't please accept £20 per month as per income/expediture". In meantime I SAR NatWEst, making particular reference to overdraft insurance. IM write back, "Not listening, need at least £200 per month to avoid further action", I write back, "Don't be silly, have a look at my I/E, you'll see I have other priority debts including CCJ's", IM write back, "Still not listening"
SAR reply arrives from NatWest, containing just a one page diary of events for the last 2 years, no statements, no insurance documents, nothing. Write back to NatWest repeating SAR reuest.
County Court Claim arrives, I submit AofS and CPR IM, deadline for defence approaches, no reply from IM so submit embarrassed defence.
Letter from NateWEst, pointing out that they replied to my SAR earlier, but just in case I hadn't recieved it here it is again......same document as before and nothing else.
Contacted Court who inform me that my defence has been received and forwarded to IM, but seeing as IM have not responded Case Stayed.
Now I need to know where I go from here.
Court :- Do I leave it as it is? I understand that to reinstate, NatWest/IM need to give Court good reasons to do so, and that I have to be informed should they wish to do so, or do I apply for a strike out? if so do I use N224? and if I apply for a strike out can NatWest/IM make another claim?
NatWest:- Do I persue the SAR request, or am I shooting myself in the foot? and why haven't they sent me anything other than a one page diary of events?
Any assistance much appreciated.
MA
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