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Disgusting Treatment Nat West-costs Ccj-urgent Advice Please

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  • #31
    Re: Disgusting Treatment Nat West-costs Ccj-urgent Advice Please

    Originally posted by Amethyst View Post
    oh also, what were your original Particulars of Claim in the case? and their original defence?
    My original Particulars of Claim as I saw them, were basically similar to the 7 pages posted up by Pkea earlier, however, it didnt look as (I use the term loosely so dont laugh !) professional and it included charges that I wanted to raise agaist Nat West for the unauthorised loans which they obtained from my account. (After the court threw out those charges at an earlier hearing I dropped them from my final P of C.)

    I have uploaded (hopefully, if not emailed to Ame and Pkea), the orig defence as below. In that you will see it refers to stress, onconvenience, reputation, however no financial claim for such was demanded, I simply asked the court to consider awarding a sum at its discretion if it felt fit.

    I can scan and email the full original P of C (not exactly titled that btw) but it is several pages long. Let me know if required.

    Thanks.

    Comment


    • #32
      Re: Disgusting Treatment Nat West-costs Ccj-urgent Advice Please

      I and E is Income and Expenditure.

      Comment


      • #33
        Re: Disgusting Treatment Nat West-costs Ccj-urgent Advice Please

        Legal Beagles is the IE.

        If the POC was similar to the pages you posted up before thats fine.


        By this bit''it included charges that I wanted to raise agaist Nat West for the unauthorised loans which they obtained from my account.'' you mean when they didnt make transfers in good time etc or bank charges ?
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #34
          Re: Disgusting Treatment Nat West-costs Ccj-urgent Advice Please

          Originally posted by Amethyst View Post
          Legal Beagles is the IE.

          By this bit''it included charges that I wanted to raise agaist Nat West for the unauthorised loans which they obtained from my account.'' you mean when they didnt make transfers in good time etc or bank charges ?

          No, not exactly, this may sound naive, but under the curcumstances I considered the following fair : Part of the sum I was sueing Nat West for, included MY fees for unauthorsiid borrowing FROM ME. (They took money from me without any justifcation).

          This needs reading slowly, for example : Because my account was overdrawn ONLY as a result of THEM failing to make a transfer, they hit me with a £38 fee which they were NOT entitled to.

          Therefore I termed this as unauthorised borrowing FROM ME, exactly in the same way Nat West would have viewed it had I done the same to them, ie gone overdrawn.

          I argued that in the interests of mutual fairness, I should be entitled to charge them a fee, and why not ? On moralistic grounds would anyone on this site feel I was being unreasonable ?

          These charges I put forward were struck out by the court many months before the case reached the final hearing.
          Last edited by Helpneeded; 7th January 2009, 23:05:PM.

          Comment


          • #35
            Re: Disgusting Treatment Nat West-costs Ccj-urgent Advice Please

            Hiya xx

            Have reviewed the POC and the defence they have entered against you and I would unfortunately agree with their take on things.

            Unfortunately morals don't always equate with the law.

            The solicitors you discussed the claim with also seem to have agreed with this view point.

            Therefore you need to work out what you want to do, if you want to try and fight the costs I fear that it will only cause further costs to be awarded against you possibly as vexatious.

            I can help with your IE and getting repayment proposals across to the defendants before any action is taking to enforce the judgement - which could be charging order/bailiffs etc.

            I dont think you have anything to lose by going to the FOS at this time, they can only say no. Just regarding the original errors not regarding the costs.

            This is simply my opinion. Apologies if it isnt what you want to hear.
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #36
              Re: Disgusting Treatment Nat West-costs Ccj-urgent Advice Please

              Amy, thanks for taking the time again to help me.

              I trust what you say, it's not exactly what I wanted to hear but I will accept the situation.

              If I was going to appeal at such a late stage it would look rather unimpressive I guess.

              I'm hacked off by the fact I didn't know about this site until it was way too late.

              Look forward to any input re the private message I sent last night.

              Thanks

              Comment


              • #37
                Re: Disgusting Treatment Nat West-costs Ccj-urgent Advice Please

                Will help you with the FOS complaint, get that POC down to the salient facts if you like?

                Will come back to you on pm re the pm's and IE.
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                Comment

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