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TonyB - v - Natwest Credit Card ***SETTLED***

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  • #31
    Re: TonyB - v - Natwest Credit Card

    N1. Can you point me in the right direction for POC or shall I do it then post up on here for soemone to check. Did you get my emails yesterday?
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    • #32
      Re: TonyB - v - Natwest Credit Card

      http://www.legalbeagles.info/forums/...ead.php?t=1862

      Think thats it Wendy, have replied to your pm

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      • #33
        Re: TonyB - v - Natwest Credit Card

        Cheers mate
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        • #34
          Re: TonyB - v - Natwest Credit Card

          Have now got N1 ready, POC's nicked from here and OTR. Have made it clear that its a credit card account, also on address have put Natwest Cards Services on the top line, just so there's no chance of it being stayed as a bank account. Just need to get Tony to sign and then its off to court on Friday.
          When they pay up it will clear his balance and leave us about a tenner, but at least that'll be another one out of the way.
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          • #35
            Re: TonyB - v - Natwest Credit Card

            Originally posted by WendyB View Post
            H...also on address have put Natwest Cards Services on the top line, just so there's no chance of it being stayed as a bank account.
            I wouldn't be so sure of it not being stayed.

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            • #36
              Re: TonyB - v - Natwest Credit Card

              Hope not! Put my Capital One claim in at the same court and that didn't get stayed. Are Natwest up to no good withh CC claims then?
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              • #37
                Re: TonyB - v - Natwest Credit Card

                I would think it's more dependent on which clerk deals with it - mine got stayed.

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                • #38
                  Re: TonyB - v - Natwest Credit Card

                  Originally posted by Amy View Post
                  I would think it's more dependent on which clerk deals with it - mine got stayed.
                  I hope you have done something about it? you can appeal it, credit cards are most definetly different and do not come under the terms of the test case

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                  • #39
                    Re: TonyB - v - Natwest Credit Card

                    I think I might ring the lovely bloke in Issues who sorted me out last time and ask him to look out for it...... I've also put "Credit Card Account", not just "Account" on the first page of the N1 where is says moneyclaim for the return of penalty charges blah blah
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                    • #40
                      Re: TonyB - v - Natwest Credit Card

                      Originally posted by stevokenevo View Post
                      I hope you have done something about it? you can appeal it, credit cards are most definetly different and do not come under the terms of the test case
                      Yes I have done something about it.

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                      • #41
                        Re: TonyB - v - Natwest Credit Card

                        Originally posted by Amy View Post
                        Yes I have done something about it.
                        cool bananas

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                        • #42
                          Re: TonyB - v - Natwest Credit Card

                          OH finally signed in all the relevant places so hopefully will get to Court to file today. Court is miles away from work so will have to be nice to boss to get extended lunchbreak!
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                          • #43
                            Re: TonyB - v - Natwest Credit Card

                            N1 now filed at Court, gald I waited till today, fee has gone down to £65 so saved a few quid. Just have to wait now..
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                            • #44
                              Re: TonyB - v - Natwest Credit Card

                              Deemed served on 12th. Now for the waiting game......
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                              • #45
                                Re: TonyB - v - Natwest Credit Card

                                What a bunch of gits they are. Got home last night to find a letter from Cobblers solicitors, with a copy of a letter they'd sent to Court requesting a stay, using the OFT case as an excuse. Do I have to wait to see if the stay is granted or can I send a letter requesting that it not be granted? I was thinking of sending this

                                I would be grateful if this letter and its attachments could be put before a District Judge as soon as possible.

                                I have today received the attached letter from Cobbetts LLP, acting for National Westminster Bank plc. In which they respect a stay be granted in the above case.

                                I note that the request is for my claim to be stayed pending the ultimate determination of Commercial Court Litigation, brought by the Office of Fair Trading and the Financial Services Authority, relating to the matter of the application of the law in respect of unauthorised overdraft charges on current bank accounts .

                                The test case quoted in Cobbetts letter (to be held between the OFT and the banks) which is proposed to be heard between January and February 2008 in the
                                Commercial Court, will not raise any issues relating to my particular claim.

                                I wish to make the court aware that my claim does not relate in any way to unauthorised charges on a current bank account. It is a claim for the return of disproportionate charges levied for defaults on a credit card.

                                The OFT has previously investigated the level of charges levied in respect of credit cards (April 2006) and in view of this report, credit card claims are not proposed for inclusion in the forthcoming OFT test case.

                                Following this report, default charges have been broadly reduced to around £12. However, I still believe these charges to be punitive in nature and not a genuine pre-estimate of cost incurred by the credit card company. I believe they exceed any alleged actual loss in respect of any breaches of contract on my part and are not intended to represent or relate to any alleged actual loss, but instead unduly enrich the credit card companies which exercises the contractual term in respect of such charges with a view to profit.

                                In order to amount to lawful liquidated damages it has to be shown that the charges applied represent a genuine pre-estimate of losses (per Lord Dunedin Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79).

                                I therefore respectfully request that the requested stay on my claim number xxxxxxx is not granted and my case allowed to proceed without delay or reference to the pending test case .

                                I thank the court for its time and consideration in reviewing this matter and hope this clarifies the particulars of my claim.


                                Help Please !!
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