Nat West- Court Summons - I am BR

fatou256

This happened to me and my other half with one of our creditor who refused to acknowledge our Br order.

thius particualr person though that her calim was rock solid, that she would get her all monies due at judgemetn on the spot and that she had every right to harass us. so wehn she issued a court claim after both our Br order we acknolwdge the claim adn contact her to withdraw the calim in writing a with an anclosed BR order and who to contact etc. . ..

hse refused so we put a defense staed that we were both bankrupt and as such all calim should be directd to the Officail reciever. BUt no she was having none of it .

Our Or contacted her that he was not necesseary for her to continue the claim and to spend money which was added to her misery. so she went on with the claim as usual ignoring the defense then put a specail application to dismiss our defense because our bankrutpcy was not valid as we owed her money !!!


Needles to say the judge invited and us to the application hearing . things starting turn very sour not for us but for the claimant . first the judge served again in person the Br order , then he said that she must contact the Or and will probable get little money if she lucky to get some . at the end the judge turn agaisnt her and said that her behaviour was abusive , harassing and actually wasting court time, the judge was basically telling off big time the claimant. He reminded her that her claim will bve stayed and allow to have slow death . she started then to answer back to the judge claiming that was unfari etc... the judge told her that she should have read clearly the defence when it was cited that all money claim shoudl be directed to the OR.

The judge told us that we have should put a counterclaim for harassment but we didnt because we didnt see the point and frankly we wanted to move on .she left the court very upset and even smashing the door of her car out side .

It was stressfull true but some people never learn and choose to ignore what is in front of them. so if i were you contact your OR , put in our defenceyour bankrutpcy detail etc.. and a copy of the order then invited them to withdraw the claim .

rv99

Fatou36, thanks for this response.

Sorry to hear you were dragged through that.

Maybe Nat West think they are above the courts and can continue to harass people regardless of BR order. Hopefully not and my defence response, as advised in this forum will finally close the matter.

rog2

fatou256 wrote: »

This happened to me and my other half with one of our creditor who refused to acknowledge our Br order.

It was stressfull true but some people never learn and choose to ignore what is in front of them. so if i were you contact your OR , put in our defenceyour bankrutpcy detail etc.. and a copy of the order then invited them to withdraw the claim .

That was a very stressful, and totally unnecessary, experience for you to have to endure, fatou. :mad: :mad:

I am, however, pleased to hear that you went to the Court if only to witness the claimant getting everything she deserved from the Judge. :T :T

When will creditors accept that the Law works for everybody - not just them.

MicheH

kerrypn wrote: »

I love it when they get snotty with you on the phone-it is basically spitting their dummies out because they know there is nothing they can do to recover the money!

I agree OP-contact the OR urgently, I would also send a copy of your Bankruptcy Order to Natwest, the court(as your defence) and, if nothing happens, attend court to present the Bankruptcy Order in person.

I wonder if they're particular nasty after BR because that person on the phone knows they havn't got a hope in hecks chance of getting any bonus because they know they can't get any money out of you.

dojoman

Unbelievable :mad: I must be really naive as I would have thought all this would stop once declared BR, how very wrong I was...

MicheH

Oh dojoman, it carries on for a little while the only difference is you're the boss. Nothing they can say to you makes a difference, they can no longer hurt or frighten you. Just laugh at them, you know your rights. I feel the OP's case is extreme but even that can be sorted without any worry from the OP (I hope i'm right in saying this) Silly Nat West have made a big mistake as far as I can see.

Don't worry about the harrassment after BR, it's funny. They squirm in their seats

fatou256

rog2 wrote: »

That was a very stressful, and totally unnecessary, experience for you to have to endure, fatou. :mad: :mad:

I am, however, pleased to hear that you went to the Court if only to witness the claimant getting everything she deserved from the Judge. :T :T

When will creditors accept that the Law works for everybody - not just them.

it was very stressfull at times we ( us and the OR) though that the person will be getting away with it . they even went on to say that our Br were fraudulent one because we knew we owe money and beign BR we will not be paying anything back and we knew that ?!?!? we simply told that yes we knew and we were not able to repay that i was jobless and ill ad we were so much in debt that i it was impossible for us to repay any of them.

anyway we were happy that the person got told off pretty severely by the judges , that was enough for us .

i realize that there are no happy party in BR both the br and creditor have lost quite a lot in the process wether in term of money / property and/or emotional cost.


I am glad that my Br is over as well as my debt the beginning was very stressfull but eventually thing got calmer and calmer. We have both learn our lesson that loan , overdraft and CC do not worth the bother we can get from it when things get difficult.

skylight

Fatou, purely out of interest, have you heard from the creditor in anyway since the court date?? I assume not, but you never know!

fatou256

skylight wrote: »

Fatou, purely out of interest, have you heard from the creditor in anyway since the court date?? I assume not, but you never know!

no I haven't, although we had to change our phone number to stop unwanted and anonymous call. The judge told the creditor that they will be better for them to move on and forget about it all and they were lucky that we havent put a counterclaim for harassment as it would have been granted.
although it was dealt appropriately by the court, the damage was done two month after i had my third major nervous breakdown.

debtinfo

Just to say to the OP, check if you have any proof that you informed the creditor also ask the OR for a letter stating when the report to creditors was sent out and when the closing notice was sent out and also the address it was sent to, put all that in with the defence, might as well make it as easy for the judge as possible