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Natwest have taken us to court - in need of guidance
peeper
Posts: 13 Forumite
I dont know if anyone can give guidance and help when the banks take us to court but i am in need of assistance?
In short we took the Natwest to court in August 2006 and they paid us £6000 which covered the charges and interest they had taken from our current accounts to that date.
While the court process for that claim was continuing so from August 2006 until December 2006 when they paid us out they had placed onto those same 2 accounts a further £2500 in charges and interest. In Novemebr/December of that year we took our banking buisness elsewhere and left the two accounts overdrawn the full amount of the charges that had been taken from us. Neither of these accounts have been used since but are now £5000 overdrawn through continuing charges that have been applied since then.
We immediately initiated the beginnings of the process again with the Request for repayment of charges letter followed by LBA. We didnt continue with the reclaiming at that time but began it again in mid 2007, Natwest made multiple low offers which were all refused and then asked us to hold on out court claim until the OFT test case was concluded as they would only ask for a stay anyway, so we chose to wait the outcome of the OFT test case as they requested.
Unfortunatly they then revoked on their request and began court proceedings against us and we are at the stage where we have returned our defence and counterclaim. We have completed and returned our Allocation Questionnair but Shoosmiths who are acting on behalf of Natwest have refused to submit their defence or allocation questionnair and they are now well over time but 9 days. As they say we are asking for a set off rather then having a valid counterclaim.
They have made an order for the claim to be stayed as it is over charges but i want to appeal to have this refused as i am currently ill and will be shortly going to half pay which will leave my family in severe financial difficulty.
They have also failed to supply me with my request for information which is now a month overdue and is severly disabling me from completeing my defence and spreadsheets for my counter claim.
I am also wondering if i would be able to use The rulling made by Judge Behrens on Wednesday 29th August 2007, where "The banks have been told by the Mercantile Court they can continue to have a stay but if they attempt to enforce any debt comprising bank penalty charges pre OFT case the stay will be lifted upon application by the debtor/claimant and the matter allowed to proceed to trial, and the case law you refer to is:
In the High Court of Justice
Queens Bench Division
Leeds Mercantile Court
Before his Honour Judge Behrens
Claim No 7LS40812
The reason for asking this is because we had started the process of asking for the charges to be repaid but never got to the point of issuing the claim in court. We started the process agin in 2007 but they requested we waited the OFT test case outcome and we chose too. Does the above only apply to cases that had begun the court process or can it be applied to claims where the reclaiming process itself had begun?
Also since our account has been in dispute the Natwest have entered multiple default notices against our credit records, because the NatWest, along with other banks are involved in legal proceedings with the office of fair trading regarding the legality of these charges, and they requested that they store my complaint until the outcome. However they have now issued Default Notices, and inniciated legal proceedings, isnt this contrary to the Office of Fair Trading Debt Collection Guidance?.We need these to be withdrawn upon completion of this case if/when we win. So again can i use this in anyway?
As you can see i have many questions that i need help getting answers to and would appreciate any help anyone can give me.
Peeper
In short we took the Natwest to court in August 2006 and they paid us £6000 which covered the charges and interest they had taken from our current accounts to that date.
While the court process for that claim was continuing so from August 2006 until December 2006 when they paid us out they had placed onto those same 2 accounts a further £2500 in charges and interest. In Novemebr/December of that year we took our banking buisness elsewhere and left the two accounts overdrawn the full amount of the charges that had been taken from us. Neither of these accounts have been used since but are now £5000 overdrawn through continuing charges that have been applied since then.
We immediately initiated the beginnings of the process again with the Request for repayment of charges letter followed by LBA. We didnt continue with the reclaiming at that time but began it again in mid 2007, Natwest made multiple low offers which were all refused and then asked us to hold on out court claim until the OFT test case was concluded as they would only ask for a stay anyway, so we chose to wait the outcome of the OFT test case as they requested.
Unfortunatly they then revoked on their request and began court proceedings against us and we are at the stage where we have returned our defence and counterclaim. We have completed and returned our Allocation Questionnair but Shoosmiths who are acting on behalf of Natwest have refused to submit their defence or allocation questionnair and they are now well over time but 9 days. As they say we are asking for a set off rather then having a valid counterclaim.
They have made an order for the claim to be stayed as it is over charges but i want to appeal to have this refused as i am currently ill and will be shortly going to half pay which will leave my family in severe financial difficulty.
They have also failed to supply me with my request for information which is now a month overdue and is severly disabling me from completeing my defence and spreadsheets for my counter claim.
I am also wondering if i would be able to use The rulling made by Judge Behrens on Wednesday 29th August 2007, where "The banks have been told by the Mercantile Court they can continue to have a stay but if they attempt to enforce any debt comprising bank penalty charges pre OFT case the stay will be lifted upon application by the debtor/claimant and the matter allowed to proceed to trial, and the case law you refer to is:
In the High Court of Justice
Queens Bench Division
Leeds Mercantile Court
Before his Honour Judge Behrens
Claim No 7LS40812
The reason for asking this is because we had started the process of asking for the charges to be repaid but never got to the point of issuing the claim in court. We started the process agin in 2007 but they requested we waited the OFT test case outcome and we chose too. Does the above only apply to cases that had begun the court process or can it be applied to claims where the reclaiming process itself had begun?
Also since our account has been in dispute the Natwest have entered multiple default notices against our credit records, because the NatWest, along with other banks are involved in legal proceedings with the office of fair trading regarding the legality of these charges, and they requested that they store my complaint until the outcome. However they have now issued Default Notices, and inniciated legal proceedings, isnt this contrary to the Office of Fair Trading Debt Collection Guidance?.We need these to be withdrawn upon completion of this case if/when we win. So again can i use this in anyway?
As you can see i have many questions that i need help getting answers to and would appreciate any help anyone can give me.
Peeper
0
Comments
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is it normal on this forum to ask questions and get no replies??
Should i ask questions or is it a read only forum?0 -
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wish i could help but i wouldnt have a clue , i too would like to know if anyone can help this person as that is an awful lot of money and i too would hope someone from here could help.
hope you get an answer soon0 -
*bump* .....I must go, I have lives to ruin and hearts to break
My attitude depends on my Latitude 49° 55' 0" N 6° 19' 60 W0 -
I am also wondering if i would be able to use The rulling made by Judge Behrens on Wednesday 29th August 2007, where "The banks have been told by the Mercantile Court they can continue to have a stay but if they attempt to enforce any debt comprising bank penalty charges pre OFT case the stay will be lifted upon application by the debtor/claimant and the matter allowed to proceed to trial, and the case law you refer to is:
In the High Court of Justice
Queens Bench Division
Leeds Mercantile Court
Before his Honour Judge Behrens
Claim No 7LS40812
Hi i think you have your answer they have continued to issue CCJ's against you and therefore carrying out court actions even though they have attempted to stay yours. This is against the ruling and i would request an immediate hearing into your case in reference to this.
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