Natwest taking us to Court

Leaf

Hi there.
Sorry if this is the wrong thread but I could not see one appropriate.
We have entered into a DMP with CCCS. Every creditor has accepted our proposals for repayment. Except Natwest. CCCS have sent proposals and payments have been made for the past 3 months. We have a loan account of £13000.00 and a current account (now closed) of £830.00. The current account was passed to CapQuest who have accepted the proposal. However, Shoosmiths Solicitors have issued proceedings (inc court costs now) for both accounts. Prior to the issue of proceedings we advised Shoosmiths that we are on a DMP with CCCS and CCCS are in the process of sending them our details. Even though Natwest have already been informed of all this.
Can anybody help?
Many thanks

fatbelly

How have you responded to the court claim form?

Do you accept their figures?

Did you counterclaim for bank charges?

Have you made an offer to pay by instalments?

Leaf

Got the papers today.
Accept the amount claimed. Don't accept interest requested. Don't accept double whammy on claim for £800 already passed to debt agency who accepted repayment offer.
Think I will ask for more than 14 days to request charges statement.
Horrible horrible bank!
Offers have been made and payments made. They just do not ack anything.
Whew

rog2

They are, indeed, a 'horrible little Bank'.

Fill in the 'defence' part of the claim, and state the part of the debt that you dispute.
Also state that you are dealing with CCCS and have, already, made an offer to NW, who have refused, and reacted by issuing this 'summons'. Re-state your offer of payment against that part of the 'debt' to which you agree, and attach your income/expenditure that you have worked out with CCCS.
Tell the Court that the majority of your creditors have, already, accepted the payment offers made through CCCS and that NW have been happy to accept your payments until now.
My own thoughts are that either the 'claim' will be moved to a Court nearer you, to enable you to personally attend, or the judge will agree with what you have started, through CCCS, and will make an order for payment at no more than the monthly rate that you have already been paying. Could even be less.
NatWest will be just as 'bound' by any resulting judgement/payment order as you.
Good luck

Leaf

Thank you so much for that Rog2.
I have been tearing my hair out since receiveing the papers this morning.
Please read, if you will, the following letter to Shoosmiths which I intend to submit to Court :

We have now received a court summons for a debt owed to Natwest Bank We have explained to you that we have entered into a DMP with CCCS and that they have been paying £253.69 pcm against this debt for the past 4 months.

We have endeavoured to negotiate with Natwest but they have failed to acknowledge this offer. In fact, they have failed to enter into any negotiation at all regarding the debt.

I note from the Summons that you have included our debt owing on the current account I am baffled that this debt has been included in the particulars of claim when the debt has already been passed to another debt collecting agency on July 14th 2008, CapQuest, who have agreed terms of repayment. This will be raised at the Court hearing.

If you continue to pursue this through the Courts we will be contesting the claim citing that Natwest have been unreasonable and, indeed, penalizing us with interest and charges, including court costs, when we have made every effort to come to a mutually acceptable agreement to honour the debt.

The actions that Natwest have taken have placed us in further hardship and caused considerable emotional anguish during a period when we have made every effort to communicate our circumstances to them.

CCCS have been made aware of Shoosmiths involvement with the case and advise me that they have forwarded you details of our DMP. This will be raised with the Courts at the time of the hearing. I advise you that we will be attending to state our case. I will inform the Courts that we will be unable to travel to Northampton for the hearing and that we will request a Court hearing nearer to where we live.

Cheers

rog2

Hi Leaf - yes your letter looks good.

I note that the summons has been issued by the 'fast track' Northampton County Court, so it will, almost certainly, be moved to your local County Court, once your 'defence' is received by Northampton.

It is most important, leaf, that you involve, and are guided by, CCCS throughout this process.

Leaf

Sorry to go on...

What exactly are Natwest asking? A judgement for interest? Or solidifying the debt by a CCJ?

I simply cannot understand their actions?
Should I counterclaim for harassment?? lol

If they achieve the CCJ for interest on the debt it will never be cleared. Would a Judge accept that?

fermi

Leaf: If those account/reference numbers and amounts in your letter are the real ones, then it would be a really good idea to edit them out.

Leaf

I have emailed CCS with the latest developments. Of course, timing was strategic in that I have all weekend to sweat! lol

I feel sure that the case will be moved to a closer court.

All our creditors have accepted a repayment plan... including NatWest thru their agency CapQuest for the current account.

Can I claim anything at all back, do you think?

God, I hate that bank!!

Leaf

LOL...
Anyone choosing to tap in on them can have the debts!!

rog2

Leaf wrote: »

What exactly are Natwest asking? A judgement for interest? Or solidifying the debt by a CCJ?

To be honest, leaf, it is a bit confusing all round - it looks as if NW's left hand does not know what their right hand is doing.
The County Court Claim, as such, will be for full payment - of that, there can be no doubt. But don't worry too much, as the law exists just as much for you as it does for NatWest.
The worrying factor, here, is that NW seem quite happy to be accepting payments through CRAPQUEST, yet, and at the same time, they are asking another 'debt collector', in the form of SHOOSMITHS to attempt to recover the money by court action as well.
This is in complete contradiction to the OFT Debt Collection Guidelines - www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

In a way, leaf, a Court Hearing could be good for you as, at least, it will bring all of these 'anominalies' out into the open.