Natwest taking us to Court

deedee_3

Yup! did that s well . I sent a link to all his posts to abuse.

Queen

Hi there, I am having exactly the same problem witg RBS who are part of the same group as Natwest they have instructed Shoesmith to obtain a charging order, they are accepting our payment by banking the cheque but will not agree to a monthly payment less than the normal however since this has been passed to sols they have reduced the term to 5yrs more than doubling the monthly payment, we are only 3 payment behind a prox £600 have asked if we clear arrears by lending this from family can they then revert back to normal payment, OH been extreamly sick for the last 3 yrs and now trying to go back to work, in the last 3 yrs we have kept upto date with every payment none missed or late from savings which I think that considering that we are one income down it is only now that we are struggling I think that we have done very well not to sink before now. However Shoesmith say they have no instructions and RBS say they cann't talk to me because its in the hand of the sols its been like this for 2 months now but I still keep sending payment and they still keeping cashing the cheq. They are not very nice lenders and do not take circumstance's into account.

Leaf

Water off a ducks back, at this stage. But I understand that comments like Pauls undermine an already fragile situation for many. Unnecessary, insensitive and hardly received in good humour.

Al I can say is I am very grateful for the support offered by these forums and I appreciate constructive comment from all others.
Many thanks
Leaf

Leaf

Well, Queen. I am prepared to go to court to state how calous these banks are. They seem to be recouping lost monies from having to repay bank charges, perhaps?
Anyway, I will continue to fight this one. We shall see, I guess.
Legally, I suspect they are perfectly withing their rights. Morally, I feel that, if I challenge them in requesting increased payments, they jeapordise the DMP and the courts might see this as destructive. Not quite sure at this moment but .. waving not drowning at the moment!
Keep strong and I hope you get the assistance and advice you need to keep healthy and sane.
Leaf

fudgecat

To say the Nat West are the spawn of satan would be to flatter them unjustifiably. 13 years ago their intransigence in the face of a reasonable debt management plan for our business (in trouble because two of our largest clients went bankrupt on us in one year), led to the loss of our house, pension, savings and the stress nearly split us up. My sincere wishes for a fair hearing in court and hope Nat West`s seeming breaking of the code is taken further. Be strong because, as we have proved, you will come out of the other side of this. Good luck.

rog2

Leaf wrote: »

Legally, I suspect they are perfectly withing their rights. Morally, I feel that, if I challenge them in requesting increased payments, they jeapordise the DMP and the courts might see this as destructive. Not quite sure at this moment but .. waving not drowning at the moment!

Unfortunately, the Banks pay little more than 'lip service' to 'morals' and will try anything to gain a preferential status over other creditors.
Fortunately the Courts are well aware of this and, wherever possible, try to ensure that all of a debtor's creditors are being treated equally, and fairly, based on that debtor's ability to pay.
You have to be prepared to defend your stance, but you will find that the courts, and the Law, are there as much for the benefit and protection of the debtor as they are for the creditor.

rog2

fudgecat wrote: »

To say the Nat West are the spawn of satan would be to flatter them unjustifiably.

Can't argue with that description, fudgecat - could you please add HSBC to it though as they treated me in a similar, but equally callous, manner when my business was experiencing problems.

'Fairweather Friends' - the lot of them. They send you a nice 'golf' umbrella when it's sunny, and ask for it back at the first sign of rain. :mad: :mad:

Charliefiggis

Hi Leaf,

I don't know if this will be any help but we had the same "helpfullness" from Natwest about 3 years ago.

We took a loan out with them and then got into trouble. I went to the local branch and tried to explain but they wouldn't listen, they said because we still had an amount in our overdraught they would continue to take the monthly payment !!!!!!!!!

We went to the cccs because we also had other debts. Natwest were the only ones pushing for an instant settlement which we couldn't do. They also issued us with a ccj through Telford c. court. To cut a long story short they got there ccj listed against us.

But there was a small silver lining. I don't know the amount you own or if you have a way of being able to lay your hands on some cash but we took the decision to remortgage and Natwest took a full and final settlement of about 65%.

So although they are very quick to issue court papers, they are also money grabbing ****'s and will probably take a lesser amount just to get something.

Hope everything goes ok for you and you get the decision you want.

Leaf

Hi again.
I've just sussed some sneaky play by Natjest. The current account is a joint account. CapQuest are collecting from me, alone, for the current account. The Court summons for both the loan and the current account is in my husbands name only (the loan is solely in his name). So they are after me soley thru CapQuest for the current acc and thru the Courts against my husband for both. EVIL!

Leaf

Leaf

Thank you all for your support.

I am pretty much resigned to a CCJ. I know how the Courts work. I have a bit of a cavalier attitude tho and sort of want to make as much fuss as possible to make Natflesh jump a bit. Not enough knowledge, too much bravado for my own good I fear!

Here's my latest letter to Natfest:

You will be fully aware that I have been
experiencing financial difficulties for some time now. I have kept Natwest fully informed of this and have constantly been in contact with Natwest to find resolution to the debts owing.

You were informed that both my wife and I entered into a DMP with CCCS 4 months ago and Natwest were supplied with I&E details and notified of payment proposals. These have been made and accepted through the plan since then.

Natwest referred the current account debt to CapQuest and they have agreed the payment plan against that debt. However, this has been applied against my wife’s name only.

Natwest have failed to negotiate with me regarding the outstanding loan (please refer to my letter to Natwest dated 13.12.07) and have now referred this to Shoosmith Solicitors. Following their letter date 6th August, we contacted them to advise that we are in a DMP and agreed to have CCCS send on our details. However, prior to receiving information from CCCS they have issued Court Proceedings.




In preparation for the Court hearing, I am formally requesting, under the Freedom of Information Act, that you provide me with all written correspondence, both from and to Natwest, relating to all accounts held by myself and my wife. I am also requesting that you provide all telephone logs relating to all accounts from March 2007 to date. These are to be made available in transcript which can be clearly understood by the Court. In addition, I request full statements of all accounts from January 2007.

This request is as a result of Court action being taken on behalf of Natwest by their agent and is for use in defence of this action and is, therefore, to be supplied free of charge and in a timely manner.'

We shall see.. must do court papers tomorrow.

Leaf

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