Bantambec v NPBS ( Norwich and Peterborough Building Society )

[Bantambec]

Norwich & Peterborough Building Society
1st June 07 1A SAR sent (rec.del)
5th June 07 Received Incomplete Data. Want £5 per statement!
5th June 07 1D SAR sent (rec.del)
13th June 07 Received No info avail. 6yrs+
14th June 07 1B DPA non-compliance sent (rec.del)
15th June 07 Will receive data within 40d
27th June 07 Full Financial Hx received
6th July 07 3A Refund Request 15 years (rec.del)
11th July 07 Fob off letter received
17th July 07 4B LBA sent (rec.del)
18.07.07 Received accept t&c's or close acc
01/08/07 Received OFT/FSA letter
18/08/07 Benefit Letter sent (rec.del)
28/08/07 Received fob off
04/09/07 CC issued
18/09/07 Case stayed
02/10/07 Stay removal request sent
Case Stayed

Nationwide
1st June 07 1A SAR sent (rec.del)
6th July 2007 3A Refund Request (rec.del)
14th July 07 Fob off letter received
17th July 07 4B LBA sent (rec.del)
09/08/07 Issued MCOL
15/08/07 NW Acknowledged
03/09/07 Case stayed
11/09/07 Stay removal submitted
25/09/07 Notice of Transfer. AQ dispensed with
Allocation Hearing 11 Dec

Hubby's claim NPBS
1st June 07 3A Refund request sent (rec.del) £1281.14
7th June 07 Fob off letter received
7th June 07 4B LBA sent (rec.del)
11th June 07 Looking into, respond in 10d
18th June 2007 Offer of £261, accept T&C or close the acc
22nd June 07 4D Derisory LBA (rec.del)
9th July 07 Derisory offer chgs only
17th July 07 2nd 7d LBA sent (rec.del)
Stay hearing 9 Nov
Both N&P hearings for stay set aside will be heard together on 9th Nov
Skeleton argument received
Case stayed

[Bantambec]

Re: Bantambec v NPBS

This is on N&P's website;

Interest charged on overdrawn balances (Monthly fee)
If you pay in £1,500 or more each month 7.48% (7.74% EAR, variable) (Nil)
If you pay in £500 or more each month 9.38% (9.79% EAR, variable) (Nil)
If you pay in less than £500 each month 15.72% (16.9% EAR, variable) (£5)

I am claiming my £5's and 16.9% with od
For hubby claiming 24.9% no od

[Bantambec]

Re: Bantambec v NPBS

Nationwide; claiming 24.9% as no od facility

[thephoenix]

Re: Bantambec v NPBS

Hi Bantambec and welcome LB.

Thanks for the info. How can we help?

[Happyolddog]

Re: Bantambec v NPBS

Hi Bantambec,

Welcome to the forum, It all sounds like you have things under control. Stick with it through the waiting game and good luck.

Best wishes,
Hod...Liam..

[Bantambec]

Re: Bantambec v NPBS

Dunno really. All my claims have been stayed. In our N&P hearing, the judge said he had to remain consistent in his decisions and he cannot accelarate our case to a full hearing before the test case, so stay remains, reservation for costs. Neither party got a chance to speak really.

N&P totally dismissed benefit argument and hardship, stating our cases can be stayed like the others at the moment. I did, in a last ditch attempt to get them to budge, offer to cease court action if they were willing to settle bt was told to sod off. Most N&P claimers have settled without mentioning court action.

There are not many N&P claimers so this may be of help to new ones. I have had trouble finding settled cases for my stay removal list. CAG & Penaltycharges have few but N&P are in the minority/not well known.

[Bantambec]

Re: Bantambec v NPBS

I have threads on several forums to widen my chances of finding N&P claimers.

I'm actually going to withdraw my stay removal request with NW as I got so stressed out about the other one and with all cases being stayed its unlikely this one will be lifted especially so close to the test case.

[Bantambec]

Re: Bantambec v NPBS ( Norwich and Peterborough Building Society )

OK folks the latest.
N&P claim 1 stayed at court, bank has applied to have it struck out - do I pursue/discontinue
CLaim 2 is with the bank. The wrote to me after the SC decision giving me 8 weeks to respond. I have just received a second letter giving me a further 8 weeks...what are they playing at?
Direction would be appreciated
Ta

[Amethyst]

Re: Bantambec v NPBS ( Norwich and Peterborough Building Society )

Have you heard from the court on the strike out application or just the bank ?


I used to work at N&P head office (long time ago)

[Bexter]

Re: Bantambec v NPBS ( Norwich and Peterborough Building Society )

it is me, i forgot all my details

Anyway;
Nothing from court as yet, only solicitors letter stating they were applying for a strikeout.

I wrote to N&P requesting my claim be reassessed under the hardship rules. They sent a budget sheet, outgoings exceeds incomings so sent off.

Basically said that they understand that my outgoings are higher than incoming but as am meeting essentials, utilities etc they wont honour claim; even sent a copy of my credit file showing my defaulted barclaycard (no cca) but still no further forward.

I referred to their initial claim that their charges were to cover costs, and that they have now changed this to a bundle of services (misrep) but they fobbed that off too. I dont want to give up easily, but am now at a loss what the next step is.

I could stick with it and pursue the case in court under misrepresentation or take complaint to ombudsman. Either way am not convinced I'd be getting anywhere.

Opinions gratefully received

x
------------------------------- merged -------------------------------
oh, and i offered to cease court action in favour of settlement, dunno if that was such a good idea now, lol

[Amethyst]

Re: Bantambec v NPBS ( Norwich and Peterborough Building Society )

Me neither tbh. Misrepresentation is a difficult one. The important part is the contract (primarily) and for a misrep claim to suceed you have to show that had the misrep not taken place you wouldnt have entered the contract. Theres a thread about misrep I'll try dig up now for you actually as we had a long ponder on the issues. hang on.

--- will have to find it tmw sorry - have a look in the oft forum as we had a lot of discussion in there on the diff issues.

Basically - if the charges had been presented to you as being part of the package of services (same prices) rather than presented as being 'penalties' would you have made a different decision and/or acted differently with your account and can you show this.