Help please - Natwest/bank charges claim/Payplan/court??

esmerellda

Hey xx

Don't worry, I still end up in tears cause it all feels so hopeless sometimes and try so bloody hard to get on top of things.

I went onto a DMP with CCCS everyone barr HFC accepted and they took me to court, sticking an extra £1200 on to the debt for the priviledge. I got that removed as an unfair penalty and an installment order for the same amount I was paying via CCCS, they applied for and got a charge order on my house but they can't do anything else so long as I pay my £66 a month (£6k debt) - we're 3 years on now . Have got people with £14 on £12k debts in same position so however much you are paying, if its what you can afford and you keep paying it you will be ok.

CCJ isnt that big a deal if you are struggling anyway your credit file will be knackered already.

You did absolutely the right thing going onto the DMP when things got difficult for you, some banks just like to get the security of a CCJ as back up.

The counterclaim (you say yes I owe you that but you owe me this and claim against them) will be for the late payment charges you have paid. Depending how much they add up to, cause if not a lot we might just defend them.

So yes, first step send that letter to Natwest, copied to Irwin Mitchell.

Then if we are short on time, we'll put a holding defence in to the court, then while we wait we'll go through your IE and look at all your other debts/budgeting etc if you like.

So long as you are keeping payplan informed and they are keeping your creditors informed you will be fine

(yep I ramble too)

1: Send that letter
2: Tell me the date on the court form
3: Print off your Justabank payplan history to show the payments (just incase it disappears)
and we'll go from there

Ame
xx

Nickij01

You are such a star, thank you so much, you are my angel!

Ok bad news on the date front the date on the court forms is 12th August.

So I will do the letter no problem but what else now with the date, I assume meaning we need to get a hold sorted with the courts.

If they have added any charges, I have to be honest and say I am completely unaware of that.

Is it likely that the court will accept that we have paid what we have paid and agree we only have to pay what is outstanding from that?

esmerellda

okay - did you do your acknowledgement online or send in the paperwork ?

esmerellda

regardless the acknowledgement would have been in time, just. but means we only have 14 days to sort the defence. (28 days from date of service of the claim form)

Is it likely that the court will accept that we have paid what we have paid and agree we only have to pay what is outstanding from that?

yep (but evidence always helps)

esmerellda

DEFENCE

Defence
1.The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR.


2.Even making allowance for the Northampton Bulk Regime the claim fails to disclose sufficient information as required by the CPR, there is no reference to any account number, no date of alleged agreement, no date of alleged default or details of any default notice served in accordance with s87 (1) Consumer Credit Act 1974, the claim is missing vital information.

3. Without admission that any cause of action is shown by the Claimant it is denied that the Claimant has a claim whether as pleaded or at all.

4. No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon

5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimant’s claim appears without merit

6.Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

Don't do anything with it yet - we might add or remove something from that and doesnt need to be in for a week or so but have a read see if you understand and agree with it ? anything you want explaining just shout. This basically buys you time for them to answer your letter if they dont within the next 7 days.

On the front of the N1 moneyclaim form from the court is there the account number of your loan?

Nickij01

I did it online flower.

As far as I can see on the front form of the court forms there is no mention of an account number. There is some reference type number in the box that holds the address for sending documents and payments ROYAB3011311 but assume (which i don't like doing) that is a reference number between Irwin solicitors and Natwest?

Ok what next my angel? Sorry, shall I refer to you as Ame?

esmerellda

great ! as you did it online you know you were in time as the online system doesnt allow you to do it if you are over

yep you are right to assume thats a reference between IM and nW, good good, no account number in the particulars of claim, so how do you know what they are claiming ?

so, stick with the plan and send nw and IM that letter

cheers hun xx

Nickij01

Why on earth are you thanking me you funny one you are helping me the only one that needs thanking here is you!

Okey dokey cool beans, I was just reading back over the history and realised I didn't answer your question about how much we are paying payplan, £340 per month at the moment, the plan is to up that at the end of the year but we will see, £136 of that goes or went to this particular debt. This loan and the account it was linked to is no longer in use, yes overdraft also covered by payplan DMP.

When we first started looking at reclaiming bank charges we opened a basic bank account as Martin recommended and this was with Halifax and we are still with them. Both Abbey bank accounts and Natwest are defunked in affect and going through the DMP.

I take it the lack of account number of court claim form is a bit of a doo doo on the solicitors part?

esmerellda

yes only a small do do but without the account numbers how do you know what the debt is ?

Are you able to keep up the £340 to payplan or do you need to go back to payplan and get it reviewed ?

could you complete this form too please - http://www.moneyadvicetrust.org/images/CFS%20v4f%20(3)beta%20version%20(7)27%2007%2009.xls - then save and email to me - Amethyst@legalbeagles.info

We'll need it for the defence/offer and for getting moving on your hardship claim, any probs with it just yell

Nickij01

Hi there!

To be honest Payplan have offered that but this payment is one that has already been reviewed, and really we should be able to afford it, just with the blip of when I was out of work and some bills that got behind I am just playing catch up, on paper we should afford it plus I don't want to cause any more of the creditors to follow the same route as Natwest and Payplan have advised that it is possible the change or reduction will cause them to take action, I can't take anymore of all this rubbish so would rather get through it. It is poor management on our parts to a point but a better plan has been put in place and we should be fine.

Ok I will get this form filled out and emailed over to you asap.

I have printed the letters and will be posting them recorded delivery today.

Thanks x