Help with defence needed

clowders

For the past year I have been trying to get NatWest to agree to reduce payments to clear my Overdraft to no avail and it has resulted in court action.

Two years ago I got into difficulty, primarily as I had a problematic pregnancy which resulted in a premature baby who has had numerous health issues over the past two years. NatWest were fully aware of my situation and financial difficulties as I had wrote to them on numerous occasions.

Initially I went £80 over my OD limit and NatWest requested the full OD repaid immediately which I could not do. The particulars of the case are: My overdraft limit is £5,000 but I now owe £6,000 (including court costs).

I part admitted the case as I do owe them money but considering at least £2,500 is made up of charges I also filed a part defence for this amount, on the basis that if NatWest didn’t keep charging me and adding on interest on these charges I would not be over my overdraft and also that they have not adhered to the banking code in regards to people experiencing financial difficulty, especially since all my other creditors have accepted reduced payments and in some instances refunded charges and reduced interest rates. I also stated that since Natwest had informed me by letter that they would not refund the bank charges as they were awaiting the decision from the high court, it was unfair that they are now claiming this money back when they themselves acknowledge it is in dispute (due to the high court case)

NatWest solicitors however state that I do not have a legally recognisable basis for the claim and therefore no defence.

I have now received a letter from the Court advising that a allocation hearing will take place on 20th January 2009, where it states “a set of draft directions and a case summary MUST be available for the judge at the hearing”.

Does anyone know of the legal points in relation to my defence, as I know there must be at least one, otherwise how can a case get to the high court?

Also can anyone please help me with what I do next, should I obtain an up to date list of charges, payments I have made, copy of original bank account and overdraft agreement or is it too late for this now?

Any advice is gratefully received.

GeorgeUK

I can't help you with any of this legal stuff, but if you don't get any replies here, you should definately post this over on the consumeractiongroup forum. They have alot of knowledge of this stuff and alot of the threads have defence letters posted in them which may help if you don't get many replies - it takes a bit longer than this forum.

Have you requested the venue be moved to a court near you?

stapeley

Ring the court and get it moved locally . You just to write it as you see it , unfortunately many people of scared of the court procedure . The case will be heard in a side room , remember the Judge is human . You have a strong case , you are being unfairly treated . A JUDGE is still able to rule on unfair charges , and it seems that these have caused your problems . So if the unfair charges were to be removed , you could be in a position to tackle the debt . Stay focused good luck .