Tempty V Natwest

[Tempty]

Went through every statement again, with fine toothpick, dotted all the i's and crossed the t's..... TWICE just to be sure, made sure I checked through the lot to make sure I had'nt had anything refunded that i was still claiming for. and of course now adding in the charges for unarranged borrowing. Phew

bit happier now though, claims gone up from £4258 to £5228 inc interest (standard rate)

Got a few letters to write tomorrow me thinks!

Talk about underhand though, those missing pages were scattered all over the place!! now call me cynical but I simply don't understand how these might have been missed out unless they were taken out, I might not have been suspicious if at least some of those missing pages had not had charges on them!

I know I can't openly accuse natwest of witholding these pages, but Geez I wanna make em pay for it somehow in fact I'm even considering going for contractual interest now... i dunno..... I'll see how I feel in the morning, I'm not a greedy person, really I'm not but when they do things like this......... well just Grrrrrrrr (you all know how i'm feeling, some of you have felt the same way).

one thing is for sure though, Nut west is'nt get away with a penny less then my full claim now. I'm in it for as long as it takes. let them try and justify for example taking over £700 in one month from some one getting just £550 in benefits.

I have just one thing to say
NATWEST BRING IT ON!!

[archer_66]

tempty did you know it was illegal for natwest to take any of your money if the account is used for tax credits to be paid into?
the law is
The relevant section from the Tax Credits Act 2002.


45 Inalienability
(1) Every assignment of or charge on a tax credit, and every agreement to assign or charge a tax credit, is void; and, on the bankruptcy of a person entitled to a tax credit, the entitlement to the tax credit does not pass to any trustee or other person acting on behalf of his creditors.
(2) In the application of subsection (1) to Scotland-
(a) the reference to assignment is to assignation ("assign" being construed accordingly), and
(b) the reference to the bankruptcy of a person is to the sequestration of his estate or the appointment on his estate of a judicial factor under section 41 of the Solicitors (Scotland) Act 1980 (c. 46).
if you let the bank know in writing about it they might just give you your money! they gave me my last 10 weeks charges back...i didnt know about it when i stated my claim but ill be putting it in my bundle!!!

[enaid]

Well if that's what that means go for it Tempty, don't know why they can't write it in a way we can all understand it.
Hope you are a little more relaxed this morning and ready for em!
You have a little more ammo now and every little helps!

[Tempty]

Thank you Archer, you're a honey I had heard about the act and was going to look it up so I could include it in my letters: email to mr Higley and hard copy letter to by mail. You saved me the effort of having to go look it up

Enaid hun I'm ready for anything the bank wants to throw at me this morning and feeling perfectly relaxed.
As I now have 2 list's of dates and charges I'm going to go through both of them together later so that I can compile a detailed list of all the previously missing statement pages and their charges.


must admit I can't help thinking now, that I was pushed into getting a personal loan with them now to cover a debt THEY created!! I panicked last week when I realised they'd taken all my child benefit (told them it was child benefit they had taken aswell....cheeky b****rs) I had nothing left in the account at all, how the hell was I going to put food on the table! Nice sounding guy on the phone made it sound as if a loan was my "only" way forward....... belive me all this will be set down in writing, can't do anything but Help my case as far as I'm concerned. Meanwhile at least I suppose the loan has enabled me to go lovely food shopping (oooo don't I just love that job....not).

Anyway enough babbling from me, I'll keep you posted

[enaid]

Hope they did not mis sell you PPI with that loan??????????

[Tempty]

LOL, no thank god.

[Tempty]

I've been mulling over the fact that I've been forced into taking a loan with natwest to clear "debt to this bank" for an amount of £1400 at an interest rate of 25.1% just so that I could stop them taking more of my benefit (which of course they are not allowed to take in the first place by law) freeing up my money again so I can feed my family.

This hardly seems fair to me that I have to pay such an extortionate amount of money on a loan I would not have needed if they had'nt broken the law by taking my money in the first place!!!

I'm wondering if there is anyway I can charge them the same amount of interest on the loan for as long as I need to keep it in place?? ie untill they either refund "everything" they have taken off me during the last year (I've soley been on benefit since August last year) or I win in court!! whatever comes first??

Any ideas anyone?
I'm trying to compile an email to send to Mr higley (will also send hard copy) outlining my case and would love some sugestions as to what I should include. I will of course be quoteing the tax credits act 2002! just wondered if there was anything else.

I'm probably not the greatist letter writer to start with, and I just wanna make sure before I start that there's not something that obviously stands out in my case that I should be mentioning.

I'd be more then happy to provide more details if there's a mod out there wants to take a quick looksie.

Arrgghh I hate to admit it, Biker chick I may be, hard nut (specially where anything legal concerned) I'm most deffinatly not..... I let myself get browbeaten into doing things I don't want to do...... this loan being one of them! Sorry folks have woken up feeling rather deflated this morning! I'm not gonna give up, but I can understand why some do!!

[Fendyweather]

Tempty I know just what ya mean. Im no legal brain either, whats affidavit mean ??? Lol Lol xxx

But seriously, its a case of not wanting to do any of the bl**dy paperwork, speshly when suns shining, but making yaself do it, cos you know it will be worth it. Put in the work, get the juicy cheque, yaaaaaaaaaaaaaaay. Stick with it Tempty. Each day we all kinda wake up in different moods, dunno why, my mood depends largely on the sun, weird, but try and get your head round the letter............. take a little more time if ya have to, but remember were all here to help you if you need any help. Im not a bad letter writer, I could take a look at it for ya if ya like. Im not up on law, but I do a pretty good bolshy letter when required, Lol Lol xxx

[Tempty]

Thanks fendy

I feel like such a wuss today! I'm only just starting my fight........ one little hitch (which can only turn out in my favour if I think about it) and I'm allready stumbling and stammering all over the place.
While you on the other hand have been put through mill at every turn it seems... and yet you never fail to bounce straight back out of your corner in full fight mode LOL

your comment on you being able to write a good bolshy letter did remind me of you other thread Had some right giggles reading through that one LOL In fact you may well have just helped more then you know, I'll go have another read and get me some Fendy style insperation

I'll let you know what I come up with LOL
there feeling better allready

[archer_66]

thats the spirit tempty keep it up i know there are low times but just so long as the fighting spirit is there u will win.have you reported them to OFT or FOS?

[Tempty]

Hi guy's
Got my head together a bit more today been doing some reading and have spent better part of the morning handwriting a draft letter to send to the bank (dunno why i find it easier that way) I'll type that up in a bit and post it.

Whilst I was reading up I came across something that said an amendment has to be agreed by the defendent!! is this the case? and would the letter I am sending to mr higley stateing that I am amending my claim and the reason for it be enough? do I have to send a copy of the letter and and a new charges sheet to coblers aswell? and do I do all this before i actually apply for the amendment change and send in the n244??

see lot's of daft questions today LOL

[enaid]

I would send a copy of everything and to everybody if I were you!
can't do any harm, then they can't turn round and say, you never told us that!

[Tempty]

Good point! I was thinking send the letters today and giving them time to answer before subbmitting the n244!! dunno if that's the right thing to do or not!

[enaid]

Well if it said they have to agree to it! is it just the amounts you are claiming that are being amended like charges taken after you filed?

[Tempty]

I'm amending the amount being claimed for 2 reasons, the first being I was unaware i could claim unarranged borrowing fees, (i now wish to add these) and the second I'm adding the charges I discovered in the pages that were missing from the first staement bundle I recieved.