NatWest (merged)

Tozer

michael1983l wrote: »

them defaults will already be on your credit file, how is sending in the bayliffs going to give you adverse credit. please explain in detail as i am struggling to see any legitimate reason for adding adverse credit that doesnt brake the banking code in these circumstances.

Not necessarily. There is no obligation to record adverse credit information. If customers are going to appear to the bank to be "nuisance" customers then you can bet your life the attitude will be different.

I've been a lawyer for years and I get really fed up with how people think their moral crusades are going to get one over on huge corporations. Just get your charges back in an efficient manner and move on. Thats what courts are for.

mercury238

ripski wrote: »

I am also taking on Nat west .I recieved my statements after approx 30 days but have had have had no response to any letters since =followed templates and procedures. Not even ,as you got, we have a backlog. Perhapsthey should have invested in more staff instead of saving on this by call centres, and pocketing the savings as profit
I sent them a final warning letter this week asking for an offer /response within 48 hrs prior to issuing So on Monday I shall issue. I am a bit concerned that their defense might be 'they know nothing' butI don't see the point of waiting longer I think , but am not sure , that the worse scenario will be the judge giving them longer fora defence , rather than throw my claim out or dismissit .It appears to me that this may happen anyway as a tactic is the court giving the banks longer to try and be even fairier. There seems to be a lot of messages on this site re delaying tactics The banks never give us an extra week /month etc to pay they just 'bounce' a DD or cheque and charge.
Any experience advice out there re the way that I am approaching this I have kept copies of everything ,though have not sent recorded.

I wouldn't worry about their lack of a response affecting the court claim as if they didn't receive any of your letters (very unlikely) they will just ask for that information at a later stage. (They seem to be asking for it again with everyone regardless). They won't get any extended timescales once its in the system as the judges are impartial. As long as you follow the advice given on here about starting the online claim you will have nothing to worry about. Most of the delayig tactics seem to come when people ring the bank BEFORE they get to the court stage

PAWI69

mercury238 wrote: »

Most of the delayig tactics seem to come when people ring the bank BEFORE they get to the court stage

Couldn't agree more, even though I've rang about my claim, the best advice is to communicate by letter only......however, like me, a lot of people are worried & think by phoning will give them peace of mind, sometimes it does, but on the other hand it can leave us in limbo

mercury238

Well if this helps anyone at all - I started all this in November and didn't receive an offer letter until March! (nearly 2 months after I started the MCOL)

Nemo1966

Tozer wrote: »

Yes you have won. I would send a letter to them saying that judgment has been given and that you will give them 7 days to pay in full failing which you will take enforcement action.

There is a small risk that they could apply to set aside the default judgment which they are more likely to do if you make it difficult for them. I was a lawyer in-house for 7 years. We would pay judgments straight away to avoid an effect on our Dunn & Bradstreet rating and so look like bad payers. However, if the bailiffs ever turned up, I would have immediately applied for a set aside.

I get quite miffed by people trying to use the court system to "get back" at banks, etc. Yes, you can send the bailiffs in but unfortunately it is far less spectacular than people might think. What will happen is that they will be given a cheque and that your payment will be delayed.

I tend to always go for the sensible and pragmatic approach to dealing with legal issues - but then as its my job, I don't like making work for myself!

I see what you are sayin Tozer, however would the bank be so considerate if the roles were reversed? I think NOT.

Go for the throat...... they would.

Also what exactly is a "Set aside" ? and if the judgement has already been granted, what grounds would you have for one?

Tozer

Nemo1966 wrote: »

I see what you are sayin Tozer, however would the bank be so considerate if the roles were reversed? I think NOT.

Go for the throat...... they would.

Also what exactly is a "Set aside" ? and if the judgement has already been granted, what grounds would you have for one?

Actually, no the banks do not go for the throat. As a trainee solicitor I used to do a heck of a lot of mortgage repossession applications. Genuinely, the banks used to bend over backwards to help the customer before getting into the position of taking the property away. You would be amazed at how few even bothered to reply to the letters the bank or lawyers would send. Only about 1 in 20 ever bothered to show up at the court. In 100% of those cases, if they could demonstrate that they were trying to put things right, a suspended order would be given.

An application to set aside is a fairly easy application to make when a judgment in default has been issued. basically, they would need to prove that they intended to defend but that they did not do so in time. The court generally orders that a defence is served within a fairly short period of time. Lawyers are always having to make them as sometimes they...er...forget to file the defence on time!

daniellemc

OK so now i am panicking, i have just seen the news about the guy taking Natwest to court and i am a little unnerved, has everyone seen it?

Remster_2

Hi there,

I wonder if someone could help me.

I have sent off and received back all of my statements from Natwest and have listed and totalled all charges. What I need to know now is what I should be claiming back from the list below as i'm a little confused.
The item listed as simply charges includes a monthly amount for the Gold A/C which I pressume I can't claim back. However, this started at £6 and then went to £20 which I believe included the "Unarranged Borrowin Fee" previously listed separately. It then went up to £29 in Aug. 2003 and rose to £37 in Oct. 2004 :eek: . It is currently at £28. Can I claim for any of these charges and which others from the list below?

SERVICE FEE - £12 (£6 x2 which I believe subsequently became simply CHARGES)

UNARRANGED BORROWING FEE - £14 (which I believe was subsequently lumped into simply CHARGES)

CHARGES - £1492.42 (08/02 - 03/07 variable amounts as described above)

CARD MISUSE - £175.00

UNPAID ITEMS - £30.00

PAID REFERRAL - £25.00

REFERRAL CHARGE - £620.00

Thanks for your help.
Chris.

PAWI69

daniellemc wrote: »

OK so now i am panicking, i have just seen the news about the guy taking Natwest to court and i am a little unnerved, has everyone seen it?

don't panic, read this

http://www.tombrennan.co.uk/

Nemo1966

Tozer wrote: »

Actually, no the banks do not go for the throat. As a trainee solicitor I used to do a heck of a lot of mortgage repossession applications. Genuinely, the banks used to bend over backwards to help the customer before getting into the position of taking the property away. You would be amazed at how few even bothered to reply to the letters the bank or lawyers would send. Only about 1 in 20 ever bothered to show up at the court. In 100% of those cases, if they could demonstrate that they were trying to put things right, a suspended order would be given.

An application to set aside is a fairly easy application to make when a judgment in default has been issued. basically, they would need to prove that they intended to defend but that they did not do so in time. The court generally orders that a defence is served within a fairly short period of time. Lawyers are always having to make them as sometimes they...er...forget to file the defence on time!

Property is different from a small (in comparison debt) and nowadays a mortgage is treated rather differently. Also I have to disagree completely with your banking comments, a friend of mine recently lost their job and fell on hard times, wanting to do the right thing she wrote to all the banks/credit cards she was affiliated with and asked for them to freeze interest/offered a payment plan she could afford etc until they managed to get a new job etc..... 100% of them simply passed it to debt collectors!! ignoring her letters completely.

So as far as understanding from banks...... sorry that b******s.