Tempty V Natwest

[Tools]

Re: Tempty V Natwest

Discussed this with Amethyst and we have another idea , will talk it over with Tempty later.

It will cost the Nastywest at least another £400 so if only for that reason its worth a try.

[enaid]

Re: Tempty V Natwest

No don't give up, keep gnawing at em the barstools and when they do cough up lol get em for the for the extortionate loan they gave her to pay of her charges debt. Enaid is bubbling lol

[enaid]

Re: Tempty V Natwest

http://www.thisissouthdevon.co.uk/di...entPK=18749869
bloody hell Tempty you have lots more to look forward to pmsl

[TUTTSI]

Re: Tempty V Natwest

Tempty, how can this happen, Natwest have already breached the waiver by not dealing with your claim especially under your circumstances.
So there will definately be no hope for me then with by attempt to lift the stay on my harship grounds.
Keep your pecker up.
Luv Dsxxx

[frisp]

Re: Tempty V Natwest

Tempty Can you appeal on the grounds of the (edited)

[archer_66]

Re: Tempty V Natwest

i think that is a fantastic reason frisp cos they obviously have no idea as to whats going on!

[Tempty]

Re: Tempty V Natwest

Hi guy's I'm so sorry I could not update you all earlier... my 30 min hearing turned into a 2 hour battle... which almost made me late for work!! (just to top of a perfect day ......not)

Well i tried my best..... even thought i had it at one point...... but the judge decided to fall for the cobblers bull****e.... choosing to believe that waiting for the outcome of the test case in 3 months would be in my best interest, rather then risk losing and having to pay cost's etc and end up with nothing.

Cobblers fought the stay by saying that i had changed the reason I was claiming.... by adding the tax credits act in.... when i filed the amendment via the N244 i was told (by the court that was all i had to do) i listed the reason for the change as tax credits etc. Apparently that was not enough (nice time to let me know) and i should have submitted an amended POC !!! I have been allowed to submit this in the future with no time limit as the judge did not see that as a reason to strike out my claim.... she said natwest had known from the start that this was part of my reason for claiming my charges back and could not now be surprised that it had come up in court.

she agreed that penalty charges claims should remain stayed but explained the reason she had granted the overturn of the stay was due to part of my claim being tax credits. she said that if she agreed to carry on with the case she would have to consider all of my claim.. not just the tax credits taken.... and if she finds for me with the tax credits she could find against me with penalties and i would still get nothing!!!.

cobblers then said even if i won the charges and they won the oft case ...they would claim any money that they had paid out to me back!!!.... judge said they could do that!!.... yeah I'll say that again...coz it blew me away..... judge said that was entirley possible.... therefore to protect me.... she would agree with the bank that waiting for the test case was indeed in my best interest...FFS


ps
way to fecking angry right now to operate the scanner.... so I'll post the skeleton argument Cobblers passed to me just 10 mins before the hearing tomorrow!!!



Thanks to all who have supported me.... felling understandably deflated right now.... but i'm not giving up now...... gotta be more i can do yet...... just gotta get more determined.... press were great btw...

really ****ed Cobblers bloke off .... poor lamb had to make a call to see if he was allowed to object ... bank said yes..... court said NO LMAO one small victory i suppose

[enaid]

Re: Tempty V Natwest

Whatever effin go fer em again lol

[iancognito]

Re: Tempty V Natwest

Doesn't happen very often but I'm speechless.

xx

[Amethyst]

Re: Tempty V Natwest

:hugsss: Love ya Tempts xx well done hunny xx

[frisp]

Re: Tempty V Natwest

Tempty

Did they really say that the OFT case was going to be heard in 3 months. I suspect it will be heard but not decided as if the Banks lose and serious opinion is that its coming down on the side of the consumer (especially if Tom Brennan wins his appeal this month) then the Banks will appeal - thus delaying the final outcome for as long as much as a year after.

That was the whole reason for the outcry to OFT regarding the stays & the fact they allowed people in financial distress to continue & claim.

As for the Judges comments regarding winning the tax credits but losing the charges back, that just supposition, who is to say your counter-claim wouldn't have won both arguments, lets try the case on the evidence & see who wins on merit would be my view

Likewise with their statement in regard of reclaiming the money if they win the OFT case, how is this relevant, if you win in the county court it can be overturned at anytime in a higher court yet you'll have the benefit (money owed) & they'll have to get it back off you, which would make great press 'Banks bully poor consumers, demanding transportation & children as repayment'.

A bird in the hand and all that. I'm sure you have grounds to appeal and as I'm not a legal beagle (no pun intended) I'm sure there are some here who can put up a very mean case.

I hope the above views help, sorry it didn't go your way but that's what's wrong with the county courts the judges just don't get consumer law, however if you were up for an ASBO they'd know exactly what to do, smack your wrist & send you on a holiday to Jamaica.:okay:

[iancognito]

Re: Tempty V Natwest

If any of this is the least bit amusing it has to be this:

the Judges comments regarding winning the tax credits but losing the charges back

We all know there wasn't a hope in hell of anyone appearing in court to defend this case had it gone ahead, so most of the comments were irrelevant.

[Tempty]

Re: Tempty V Natwest

In a way hun I'm glad SHE stayed it.... i say this because I was up for her court again on Thursday...... and at one point she actually said to me i would lose a penalty claim.... she agreed with Cobblers that penalty claims SHOULD be dealt with by the OFT... and admitted the ONLY reason she had removed the stay in the first place was because of the Tax credits side of things.... I honestly think that IF I had of gone in front of her again ... I WOULD have lost...
It's not right........ it's not fair.... she said she was unbiased...... but some of her comments lead me to believe otherwise!!

I'm hoping that Philipa (the press lady) will ring me today to discuss the story again today... having had time to reflect on what was said a little more... there are point's that I want her to raise in the story. (in fact if she does not ring me... I will ring her this afternoon)

judge really was very clever about the way she worded things..... but she deffinatly gave the impression that I didn't have a hope in hells chance of winning a penalty claim in court.... in fact even told me claims HAD gone to court and lost.... made a point of pointing that out in fact!!! but of course said she was unbiased (made it sound as though she was trying to help me ffs) .... yeah right....sounds like it too.
Cobblers bloke was busy scribbling all this down.... got right into what she was saying.... said they would appeal if i won anyway.... blah blah blah. I was definatly the little person in that court room and they both seemed to want me to know it too.

[archer_66]

Re: Tempty V Natwest

tempty sounds like ,as usual,the courts are on the side of the big guys.it seems that the laws were put there for nothing as they def dont protect us!

[Nattie]

Re: Tempty V Natwest

Tempty the problem is that the banks gained more from minor losses and these cases were highlighted in the press even though the first case, I am aware of where a court ruled against a claimant in 2005 with natwest gained no publicity whatsoever. I think that the press story is great because what the charges claiming has done has drawn together claimants and brought the issue to the forefront to such a point that the bank has to spend money to defend a case. 12 months ago their charges were fair and transparent, and now they are in court. Tempty, you may have had a disappointing stay to your case, but you have won so many friends by the fact that you were able to get a chink of light and had lady luck smiled for just a bit longer you may have won. Keep the chin up becuase I think you were close.