Tempty V Natwest

[Tempty]

Re: Tempty V Natwest

Thanks enaid hun, I'll give it a go ... blummin net conection is not helping me today either...it's been all over the place....bit like me....lol

Hi Al
that sounds great.... i'd deffinatly be interested in reading that letter
sounds like things are going in the right direction for you, just hope my court decides to let mine go ahead...... I'm trying to build a prety solid case as to why they should though..... had alot of help today so I think i'm heading in the right direction now

[Tempty]

Re: Tempty V Natwest

Phew.... finally
managed to get hold of the T&C's .........yipeeeeeeee
got most of the personal stuff printed out too, just gotta wait for advice now on trying to avoid a stay....... or overthrowing one if it happens! want to make sure my bundle is as watertight as i can get it.
all i gotta do then is put it in order (most of it is allready) and send

[Tempty]

Re: Tempty V Natwest

Morning everyone
beautifull sunny day here and I've got another day of sitting in front of the computer getting my bundle sorted planned. Gripping stuff I know

My court has informed me this morning that stays are being applied for and in most cases being awarded, but that they are being looked at as individual cases!. Hopefully with the information Kafka has provided me I'll be able to push my case forward and avoid a stay.

On that note I have a request for anyone that's beaten Natwest and had thier case settled out of court. I need to gather as many case numbers as possible to support my claim that Natwest have no intention of deffending this claim in court and are using the OFT test case purely as an excuse to delay payment on my claim and that in many previous cases they have settled out of court. I don't need names... just the case numbers themselves. And the court they were allocated to.
I would be eternaly gratefull if any of you are willing and able to provide me with this information...... the better I arm myself the better my chances of avoiding or overthrowing an application for a stay become. you don't have to publish this information on the public forum and can if you wish send it to me via a Pm.

I know I'm asking for something unusual here But once again I really would be very gratefull to anyone who can see thier way clear to providing this information and helping with my claim
many thanks in advance
Temptyxxx

I have placed this same post in the fmb fanclub too ....... hoping more will see it there ...lol

[Kafka]

Re: Tempty V Natwest

I won a small claim against them recently that went through MCOL - settled in full at the end of the 28 days.

Don't have the papers with me here but I can send you the case number on Tuesday evening if that's OK.

[Al59]

Re: Tempty V Natwest

Hi Tempty,
just got home I wil get typing in the morning with the judges letter, very interesting but since that came a letter from Cobbetts has come saying they are asking the judge to stay the allocation. I will get it al posted tomorrow on the natwest claim thread.

[Tempty]

Re: Tempty V Natwest

I won a small claim against them recently that went through MCOL - settled in full at the end of the 28 days.

Don't have the papers with me here but I can send you the case number on Tuesday evening if that's OK.

Kafka that's very sweet of you, but my Bundle has to be in by Tuesday
you've done so much to help though, I think it's as watertight as it's gonna get now. Don't worry about the case numbers though...Jan and Tools gave me a little head start on that one

Bundle done an dusted Coblers copy has been sent off, Court copy was hand delivered this afternoon. The next battle will be when Coblers don't bother submitting a bundle.... I know they won't. Then the fight is on big time... the gloves are coming off and I'm gonna push like hell for the defense to be struck out!!

[mia1]

Re: Tempty V Natwest

tempty, i have just read the full 12 pages of your thread....somebody somewhere should get these published! it made me laugh, feel happy and angry!

i know exactly what you have been going through, including the benefits situation! whilst my daughter was recieving leukaemia treatment, we were eligble for DLA, in the second year of treatment, Nutwest, took, 4999.00,s worth of it! thats 10 full months of DLA! i have never been so skint and scared in all my life, i had no access or time for sites like this, and just accepted the fact that i had to pay these charges! the oncology hospital was a 200mile trip, and the tank needed petrol! it was a dark time!! onr of the nutwest customer service ladies, told me about benefit appropriation, and to talk to my bank manager about it, when i did, he asked me who told me about it,I replied, natwest, was told by him, that this was not true.....so kept paying!!!

I have been off line for a month or so, and havent been able to get read what has been going on for the likes of you and others, I hope to god that you get what is yours tempty, as I got mine, they settled for the full amount! lovely new pooter, is now comfortably sat on my lap!

i know the feelings of just feeling like you've had enough, but I am also here if you need a chat! good luck to you hun, and don't let the buggers get you down!!
miaxx....god, this is a long post...sorry...you still awake???!!!!

[Tempty]

Re: Tempty V Natwest

Mia honey what a lovely post, you brave woman for reading all that...lol
I do tend to write how I feel at the time, I think it's helped to be able to pour it all out here and get others opinions on it....... or just tell me I'm going off the wall again..... and to calm down....LOL.
I really do see the whole claiming experience as a journey
And I have met some wonderful people along the way.
I am so glad you got your money back Mia, I can only begin to imagine what hardship you must have gone through during that difficult time.
I really do wish every happiness for you and your family

and I'm up for a chat anytime......... if yer brave enough.... i do go on a bit...LOL
Tempty xxx

[Fendyweather]

Re: Tempty V Natwest

Crikey Tempty, a lot has happened since I went on hols. Do you want my claim number to use that in your bundle ? It was a big win remember, 16K, lol..........Im happy to give you the claim number settled out of court before hearing date, if you need it hun.

Crikey its taking me ages to catch up........................ Im only just feeling ready to start mine up again now after being back in the country a whole week. And yes, I truly did send a postcard to my bank manager at Natwest, stating

"thanks for payout, its given me a lovely holiday", Ta muchly moo. xxxx

She never replied. lol lol lol xxxx

[archer_66]

Re: Tempty V Natwest

tempty im going to go after the rest of my charges when i get the atatements on the grounds of them taking my benefit.now i know about it i can put it in the first letter so they know that i know!!
cant believe they havent paid you out yet..u still got that idiot for a solicitor???
welcome back fendy !!
cant believe that they didnt reply to ur card how ungrateful!

[Al59]

Re: Tempty V Natwest

Hi Tempty,
would you believe spent half the night getting it all together after you kindly emailing me the stuff got to the court with papers and money in hand and it had been stayed!! I am just not here when I need to be, I am seriously thinking now of taking the offer I dont fancy hanging around for maybe two years. My other case has a court date in October see what happens with that one So good luck with yours keep at them.

[Tempty]

Re: Tempty V Natwest

Hi Al
I'd believe it alright hun!
the swines have done it to me too, went to drop something into the court that i'd left out of my bundle and was told it had been stayed!! This is after I'd been given a court date!!! I'm blumin fuming I can tell you.

I'm not giving up yet though....... gonna do everything i can now to get the stay lifted on my case...... The gloves are off. This is turning into an epic battle

I must admit I've considered their offer......but i'm NOT accepting it as FULL and FINAL and signing away my right to claim the difference if there is any....on the outcome of the test case!!!
I've come too far for that

[Tempty]

Re: Tempty V Natwest

latest installment in the Tempty - V - Natwest Drama!

The fantabulous peeps here at www.LegalBeagles.info have really pulled out all the stops on this one, Tools (bless him) was up all night working on this for me in an effort to get my stay removed! Took it into court yesterday........so now just holding my breath to see if it works!
Thought I'd put it here though.....even if it doesn't work for me........it may do the trick for someone else (with a bit of tweaking of course)

Her Majesty`s Courts Service
District Registry of the High Court of
Justice Torquay & Newton Abbot
County Court
Nicholson Road
The Willows
Torquay
TQ2 7AZ

21st August 2007

Re: Tempty –v- Natwest Bank

Case No: XXXXXXXX

Dear Sirs,

I make this plea with regard to the recent order made by the Court to stay the above case pending the ultimate determination of Commercial Court Litigation brought by the Office of Fair Trading and the Financial Services Authority.

I respectfully request the Court to reconsider their order and wish to apply for the stay of my particular Case No: xxxxxxxx to be lifted so it may proceed before the ultimate determination of the Commercial Court Litigation.

My reasons and pleas are as follows:

i)The only monies deposited into my account, since August 2006, were by way of Social Security Payments, namely Tax Credits and Child Benefit, and therefore the account was not funded by any means other than mentioned.

ii)The unlawful charges I seek to reclaim were debited from these funds. Funds which were intended for the essential needs of myself and my family.

iii)These funds are strictly exempt from being taken by way of any charges under the Tax Credit Act 2002 Part 2 Section 45 Inalienability as follows

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.

And the Social Security Administration Act 1992 (s.187) which states as follows:187.—(1) Subject to the provisions of this Act, every assignment of or charge on— (a) benefit as defined in section 122 of the Contributions and Benefits Act;(b)any income-related benefit; or(c)child benefit and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of a beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.

iv)Despite making the bank aware of this, Natwest continued to levy charges to my account. During the month of April 2007 a total of £498.78 in tax credits and child benefit was paid into my account and a total of £704.00 was debited out in charges alone - thus leaving me with no funds available to provide even basic living for my family. The following month, because of the accumulated deficit every penny of funds from Tax Credits and Child Benefit was swallowed up by yet more bank charges. This as you can imagine left my family in a state of severe financial hardship. The bank subscribes to The Banking Code and as such is under an obligation as set out in Section 14 ( a copy of which I have included for your reference )

v)Instead of following the measures specified within The Banking Code, namely the suspension of charges and interest, the bank offered me a loan in order to repay their charges. With no other options available to me at this time I accepted. A copy of this loan agreement is enclosed.


I would be most grateful if the Court would grant permission for the ordered stay to be lifted, so as to prevent further delay and financial hardship to myself and my family. I feel the circumstances of my case have very different and individual merits to the litigation before the Commercial Court. Therefore I see no reason to await its conclusion.

I thank the Court for its time in considering the matter.

Yours sincerely





Mrs.Tempty






That's the covering letter, there is also an application to lift the stay that i will post up as soon as I find it (hmmmmm I saved it somewhere i know I did.....not to worry I'll scan in my hard copy if I can't find it...lol)



Second installment coming soon...lol

[WendyB]

Re: Tempty V Natwest

Looks great Tempty. Hope it works for you, sure you'll be getting a nice big cheque soon,

[archer_66]

Re: Tempty V Natwest

ooo tempty i REALLLLLY hope it works! ill keep my fingers and toes crossed for you! i am going to use the same arguement for my next claim so im praying for you!!!