Disgusting Treatment Nat West-costs Ccj-urgent Advice Please

[Helpneeded]

Re: Disgusting Treatment Nat West-costs Ccj-urgent Advice Please

Thanks Pkea, will do that this evening.

Well how about this then : By the end of the hearing I'd become rather shocked by it all but I recall the banks barrister and their witness producing a claim for their days expenses that totalled £1600.

[Paule]

Re: Disgusting Treatment Nat West-costs Ccj-urgent Advice Please

I will post up HNs docs once i have removed the personal info from them

PKea

[Paule]

Re: Disgusting Treatment Nat West-costs Ccj-urgent Advice Please

Here are the Docs

7 items in total

[Paule]

Re: Disgusting Treatment Nat West-costs Ccj-urgent Advice Please

and the rest

[Paule]

Re: Disgusting Treatment Nat West-costs Ccj-urgent Advice Please

Before HH Judge Nathan sitting at Guildford County Court, upon hearing the claimant in person and counsel for the defendant it is ordered that
1. The claim is dismissed
2. Claimant do pay the defendants costs summary assessed at £3000 by 4pm 15th Jan 2009.
Dated 16 Jan 2008

Is that the correct date of the judgement, ie a year ago?

[natweststaffmember]

Re: Disgusting Treatment Nat West-costs Ccj-urgent Advice Please

Any chance of seeing the judgement?

[Helpneeded]

Re: Disgusting Treatment Nat West-costs Ccj-urgent Advice Please

Pkea thanks for posting up the documents.

Yes that is correct, almsot a year ago, only another 10 days before time is up which is why I've been in such a state trying to deal with it in recent months. Having sought some free legal advice from a local firm of solicitors several months back, they were under the impression I had no recourse, which I found hard to believe.

Just getting by has been hard enough, whilst it might appear irresponsible to having only really chased it harder with a few months to go, I will be honest and tell you openly that I have been suffering with depression seriously, partly because of this, but also because within the last 18 months my tinnitus (continual ringing noises in the brain caused thro hearing damage), has worsened to such a degree that it is making my life hell at times.

It was only at the end of November that I discovered this site through finding Tom. However, the last month has flown by. That is why I am now desperate, I have to do something in the coming days.

Please anyone who can help, contact me. Thanks
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Any chance of seeing the judgement?

Nattie, the judgement only contained a few lines as mentioned earlier in this thread as youve already seen. The only other data on the judgement is the personal info/case no. etc.

Whats your position at Nat West please, as would be natural I have a curiosity for your interest in this matter.

Thanks

[Amethyst]

Re: Disgusting Treatment Nat West-costs Ccj-urgent Advice Please

After the judgement did you apply to vary / appeal it?

I agree with you, in hindsight the ombudsman may have been more fruitful and less costly for you, however hindsight is like that.

Your basic claim was for breach of contract, and the judge disagreed the failings of the bank in handling your affairs came down to a breach of contract, basically. Most of what is in your facts of claim is more inconvenince and errors than legal breaches as far as I can see.

I assume you exhausted the entire natwest complaints procedure before bringing the claim.

This CCJ for costs is going to be a problem, you need to make arrangements to pay it by installment, a full IE and details of your circumstances will back up any offer you make, I can't see the judge reversing the decision at this late stage. The costs do seem a lot with so many people involved, but they are standard rates. Costs can be awarded in small claims at the judges discretion, unfortunately.

Also take your complaint about the service received to the ombudsman.

[natweststaffmember]

Re: Disgusting Treatment Nat West-costs Ccj-urgent Advice Please

My position on this is not really relevant. My reason for interest is with any natwest case. I have been in the bank charges campaign for a long time with my specialisation being natwest. I don't want to be blunt on what I have seen which is why I have tried not to make too much comment. The problem for me is that it has gone to court and has been adjudicated on. Otherwise I could advise the route to go. Had you been on the forums earlier in time, I would have suggested the FOS route.

[Helpneeded]

Re: Disgusting Treatment Nat West-costs Ccj-urgent Advice Please

Amethyst and Nattie, thanks for your input above, it's much appreciated.

Yes I did exhaust the Nat West complaints procedure, they offered a pitiful £400, included in which were charges that they still owed me and refused to admit liability for. However, shortly before the court hearing they then agreed to pay them to me, therefore to have got those charges back I had no choice but to go to the FOS or take legal action.

RE : The judge disagreed the failings of the bank in handling your affairs came down to a breach of contract, basically. Most of what is in your facts of claim is more inconvenince and errors than legal breaches as far as I can see.

The judge refused to even discuss whether they were breaches of contract or not. He simply had no interest in my plight. Surely if the T&C's state what the service provided will be, any failure to provide such is a breach of contract isn't it, otherwise the document is completely pointless ?

RE : This CCJ for costs is going to be a problem, you need to make arrangements to pay it by installment, a full IE and details of your circumstances will back up any offer you make, I can't see the judge reversing the decision at this late stage.

Is there any point at all now in applying / varying to reverse the decision ? I was genuinely unaware that there were avenues for such, or an appeals procedure. Remember for the first month after the judgement was made, I was in shock.

The fact is that it is impossible for me to pay it, remember I lost several thousand pounds due to their disgusting "service" at the outset, and close to another £400 in court fees etc in trying to get what I deserved. My mortgage has been two or three months in arrears ever since the case began.

Whilst there is the CCJ to deal with, on a matter of principal why should I to have to pay "anything," it's a scandalous situation. Is there anyone on this site who could possibly form a different opinion to this ?

I haven't contacted Nat Wests head offices or their solicitors since the court hearing. Interestingly, I was aksed to drop the case a month or so before the hearing was due and a cheque for charges they now decided they wanted to pay me arrived same time. It was stated that I would incur no costs if I withdrew at that point, however no shedule of costs was supplied therein.

The working day before the hearing though, a costs summary arrived on my doorstep for a sum of well in excess of £3000. I had no opportunity whatsoever to challenge the figures or take legal advice before the hearing. Interestingly though, the final costs awarded were considerably LESS than that in that schedule, therefore it would be fair to say that if Nat West were prepared to pay well in excess of £3K to their representatives in order for me to drop the case, they would now be in a better position with a bill of £3K exactly, i.e. their costs actually decreased because I took it to a hearing.

Look forward to any replies asap, as I only have a few days now in which to act. Thanks again to all who are helping me, if only I knew of you this time last year.

[Amethyst]

Re: Disgusting Treatment Nat West-costs Ccj-urgent Advice Please

I'm going to read through everything again and the costs schedule PKea has shown me. If you can point out the Terms that you believe have been broken in the T&C's of your account that would be good. I personally at this stage cant see a legal claim for the issues you faced, it is a complaints FOS issue, but I will reread.

Will get back to you tomorrow.

the judge awarded less costs than they asked for, as is often the case, i very much doubt it was the bank reducing their costs, they often enter top whack and let the court rule it down.

Also if you could do an IE sheet that would be helpful.

If the costs are not paid /installments accepted then the bank may apply for a charge on your home or attachment of earnings etc.

Will help you as much as I am able, and I will direct some others to review the case asap.

[Amethyst]

Re: Disgusting Treatment Nat West-costs Ccj-urgent Advice Please

oh also, what were your original Particulars of Claim in the case? and their original defence?

[Helpneeded]

Re: Disgusting Treatment Nat West-costs Ccj-urgent Advice Please

I can't believe it, I missed these last two messages last 36 hours because I kept refreshing the initial page thinking there no further replies. Im now shocked having discovered theres a SECOND PAGE as here that I never realised existed. Im replying to these asap, Im just reading them 19.15 hrs Wednesday. Thanks.

[Amethyst]

Re: Disgusting Treatment Nat West-costs Ccj-urgent Advice Please

Okay now worries - have you heard anything from them at all?

[Helpneeded]

Re: Disgusting Treatment Nat West-costs Ccj-urgent Advice Please

I'm going to read through everything again and the costs schedule PKea has shown me. If you can point out the Terms that you believe have been broken in the T&C's of your account that would be good. I personally at this stage cant see a legal claim for the issues you faced, it is a complaints FOS issue, but I will reread.

Will get back to you tomorrow.

the judge awarded less costs than they asked for, as is often the case, i very much doubt it was the bank reducing their costs, they often enter top whack and let the court rule it down.

Also if you could do an IE sheet that would be helpful.

If the costs are not paid /installments accepted then the bank may apply for a charge on your home or attachment of earnings etc.

Will help you as much as I am able, and I will direct some others to review the case asap.

Firstly, thanks for taking the time again, still can't believe I didnt see there was a second page on this thread til now.

The T&C's that I believe were broken are those that are numerous, as listed in the 7 pages posted up by Pkea on Page 1 of thread (sorry print is small, the originals were in different non-compatable PC programmes etc so had to scan).

Costs grossly unfair as no opportunity to take legal advice/question, as only received details of them the working day before the hearing. Costs were grossly inflated by the defence IMO

IE sheet What is IE please, ive no idea what this refers to ?

All input gratefully received. Would be reassuring to speak on the phone with anyone who can help. Rather desperate as you might guess. Im cChecking the site every hour without fail inc messages. Thanks
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Okay now worries - have you heard anything from them at all?

Reassuring to see a reply and that you're online.

Ive heard nothing from the defence at all.