Clowders vs Natwest

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.

esmerellda

clowders wrote: »

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.

Hi clowder, hope you are well.

Natwest claimed against you for your overdraft approx £5k after you had offered repayment plan and stated your financial difficulties ? Do you have the copies of these letters.

They are claiming £6k, and you have admitted £3.5k and defended £2.5k on the basis that that portion of the debt is unfair charges.

You already started a claim for the charges prior to them taking you to court, so they have acted whilst the account is in dispute.

Can you give me a copy of the defence you have entered please.

We can work on case summary and draft directions, should be quite straightforward.

What would usually happen is you would admit the £6k but enter a counterclaim for the charges £2.5k so will have a look at your defence - should be okay the way you have done it though and we can make it clear in the directions/summary.

Most likely outcome IMO would be a stay on the claim pending the outcome of the test case...either in whole or the £2.5k part, and if the ocurt does go on to pass judgement on the £4.5k then it is likely if you have an IE to back up your repayment offers that you will get an order to pay at that rate.

Do you own your own home?

We;ll also have a dig about it being in dispute, try and get some of the costs off, and you keeping natwest informed of your change in circumstances the whole way through (so if you can give me copies of those letters too that'd be helpful).


Hope that helps, need all the info you have to be able to sort out directions/case summary...I am usually on www.legalbeagles.info ( Amethyst ) but try and come over here as much as poss - you can always PM me though and hopefully some others will pop by and give you some help too.


Can Mods please NOT merge this thread as its really hard to keep track of individual cases.

Thanks xxx