County court Judgment and bank charge reclaiming - help needed!!

[ruby15]

Re: County court Judgment and bank charge reclaiming - help needed!!

Hi Amethyst, I have sent you an email with some letters attached. I have gone through all my paperwork and mostly its computer generated notes which make little sense to me. My hubby has no paperwork from Irwin with NW acc numbers on at all. The only credit agreement we have been sent is for the loan but nothing for bank account, this was opened over 20 yrs ago but converted to a Advantage Gold acc in approx 2002 but they have no signed agreement for this as per the letter I have sent you.

[ruby15]

Re: County court Judgment and bank charge reclaiming - help needed!!

Ame did you get the email? If you have time could you help me with some letters cause the hearing is next Tue and if a letter needs hand delivering could do with getting it off soon, sorry to be a pain, I know how busy you must be.

[Amethyst]

Re: County court Judgment and bank charge reclaiming - help needed!!

Yep its okay honey...have your docs now. Working on letters.

as an aside - do you still owe anything on your RBS Natwest credit card ?

[Amethyst]

Re: County court Judgment and bank charge reclaiming - help needed!!

Okay heres the plan.

Submit an N244 application to stay both judgements

Submit a part 18 request on Natwest, Shoosmiths and Irwin Mitchell to get account numbers they are claiming for and send covering letter with copy of application to stay.(with shoosmiths be a stay pending information then strike the claim out - irwin a stay so they dont get charging order until its sorted out and so you ca counterclaim for the charges on the overdraft)

If you are happy with a charging order (ONE) we tell Natwest what we are doing and indicate if they will reclaim against you it must be joint names and say you would be willing to accept a charging order plus payments of £25 a month.

Backed up with your joint IE form.


Working on docs / letters now.

[Amethyst]

Re: County court Judgment and bank charge reclaiming - help needed!!

standard part 18 - working on


IRWIN MITCHELL

REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

Dear Sir/Madam,

You will be aware that you currently have a Judgement against me Claim No XXXXX in the XXXXXXXXXXXX county court. There is a hearing due to apply a charging order on my property in respect of this Judgement on Tuesday XX December 2008.

I will require this information within the next ten days. I must advise you that I have applied to the court for a stay on proceedings, and it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to strike out this claim as bought in error. It has come to my attention that your client, National Westminster, has allowed both yourselves and Shoosmiths Solicitors to claim in court for repayment of the same debt. This as you will be aware is contrary to civil procedure rules and the OFT debt collection guidance 664 updated June 2008.

I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. With regards to the Loan reference XXXXXXXXXXXXXX I require a true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. With regards the Loan reference xxxxxxxxxxxxx and Overdraft account number xxxxxxxxxxx I require all records you hold on me relevant to this case, including but not limited to:
a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.
b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations
c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Natwest.
d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.
i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

3. Any other documents you seek to rely on in court.
4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.
5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.


I would appreciate your due diligence in this matter.

I await your rapid response.

Yours Faithfully,

[Budgie]

Re: County court Judgment and bank charge reclaiming - help needed!!

Hiya Ruby,

I have just had a word with Amethyst about this and she is working on some stuff for you at the moment.

As a seperate issue, in addition to letting us know about the situation on your Natwest credit card, as requested by Ame, can you also let us know if there has been any news on the reclaiming bank charges side of things.

You and I had this earlier exchange :-

Hiya Ruby,

As a side issue can you please tell me a bit more about where you are with regards to reclaiming your charges from Natwest?
Have you already sent a SAR and received all your statements back?
How did you calculate the figure that you say they owe you?
Have you sent them any letters yet asking them to repay the charges?
Have you had any help, maybe on another site, with this reclaiming process?

............ With regards to reclaiming charges back, SAR sent, Statements recvd, charges + interest claimed, sent letter claiming hardship and asking for money back, they wrote and asked us to fill in a customer financial statement form and send back with a payslip, which was sent back on the 18/10/2008 now just playing the waiting game.

Have things moved on at all ??

[ruby15]

Re: County court Judgment and bank charge reclaiming - help needed!!

Ame you are a true star! We do not owe anything on the NW credit card.
------------------------------- merged -------------------------------
Hi Budgie, NW have decided that we do not meet the hardship criteira, I have printed off the forms to report them to the FOS should I go ahead?

[Amethyst]

Re: County court Judgment and bank charge reclaiming - help needed!!

awww pity as they can't find the credit agreement. never mind

Still working on it - we need a slightly different part 18 for shoosmiths and natwest, then stay requests for court on each claim, and covering letters for all three part 18s and the court applications.

You will need to prepare your EX160 (two of them) to get out of paying the court fee (£35 I think) for submitting a formal application.

[Amethyst]

Re: County court Judgment and bank charge reclaiming - help needed!!

Ame you are a true star! We do not owe anything on the NW credit card.
------------------------------- merged -------------------------------
Hi Budgie, NW have decided that we do not meet the hardship criteira, I have printed off the forms to report them to the FOS should I go ahead?

Re the charges - once the double claim is sorted out and in the stay notices we need the info on the charges because specifically the overdraft part of the claim should not have been bought against you whilst the account was in dispute (under the terms of the waiver).....did you put your claim in to Natwest originally before they defaulted you and before IM & Shoo claimed against you ?

We can use that to help get the stay plus we can ask to counterclaim against Natwest for the charges amount.

So any docs you have relating to that claim would be very useful ( your original letter to them, spreadsheet, your claim for hardship and their response)

[ruby15]

Re: County court Judgment and bank charge reclaiming - help needed!!

I am sorry Ame, I dont understand?

[Amethyst]

Re: County court Judgment and bank charge reclaiming - help needed!!

Sorry

The Charges claim - how much is it for, and when did you first ask for it back from Natwest ?

The waiver says they shouldnt claim against you whilst an account is in dispute due to charges. In practise they are doing it anyway, but we can enter a counterclaim in court to have the amount Natwest finally get judgement against you for reduced by the charges amount.

[ruby15]

Re: County court Judgment and bank charge reclaiming - help needed!!

Just checking now.
------------------------------- merged -------------------------------
I applied for a fully comprehensive list of charges on the 22nd April 2008 and the default is on my hubbys credit file dated 30th April 2008. I sent off a claim for charges totalling £ 4,885 plus interest on the 1st September 2008.

[Amethyst]

Re: County court Judgment and bank charge reclaiming - help needed!!

Okay they defaulted you prior to your sending your first letter in.

Not to worry tho, means we can use the disputed bit to get out the default just yet, but can still counterclaim.

Have to get kids but dont worry, we'll get this all sorted to go in tomorrow

[Budgie]

Re: County court Judgment and bank charge reclaiming - help needed!!

Thanks Ruby,

Can you post up ( or email Amethyst ) copy of the hardship letter that you sent to them and their reply. Also a copy of your spreadsheet etc etc. We can then work on this as a side issue to the urgent stuff.

Budgie

[ruby15]

Re: County court Judgment and bank charge reclaiming - help needed!!

Ok budgie, I will have to send to Ame as I can not post onto here for some reason.