Nat West Shambles - Please Help

esmerellda

Is the solicitor Irwin Mitchell or Shoosmiths ?

skintsue

too much info

esmerellda

The notifications from the bank are they in writing?

Also do you have copies of the letters / offers you sent to the bank through CAB/via fax etc ?

Have you had court papers yet ? If so what have you entered in return - acknowledgement/admission/efence/allocation questionnaire etc ? Text of those please.

Is the entire amount they are wanting to sue you for overdraft on the current account (ie theres no loan or anything included ?)

skintsue

too much info

esmerellda

Okay, I'm not on Facebook.

Can you post up what you entered for your defence here pls - leave out account number/etc.

This claim is not personal in any way, it is simply Natwest/Cobbetts and especially Shoosmiths being absolutely rubbish at communicating between themselves and customers and doing their step by step clam procedure they do with everyone regardless of the circumstances.

Okay so.

The claim is for £7k.

You are offering a repayment proposal to them of an affordable amount backed up by your income expenditure sheet on the £5900 which you agree you actually owe.

On your witness statement/admission/defence (after have seen what you have done so far will be better able to advise next step) you will spell out what has happened, detail the previous offers and communication which they have ignored and include copies as evidence with that. The court will order repayment at that figure and should not allow a charging order unless you default on the offered payments.

Have you commenced payments for the amount offered via CAB etc ? or have you been waiting for confirmation it was accepted ? I would recommend starting those payments up when you can regardless to be honest then it helps show the court you are serious.

If you can post up the defene you have entered that would be a great start.

Premier_2

skintsue wrote: »

...The bank have sent nothing to confirm the true amount due, or how to pay it into the account to reduce the balance, ...

The amount they consider is due is the amount they have summonsed you for.
Did they actually issue a summons in March? (it's not clear from your posts)

They'll first have to prove the amount is actually owed before they can try and place a charge for this on against your property.
Even if they win their case regarding it being owed, you'll be given the opportunity to pay by the court. If you can't pay it all straight away, you could explain to the court your current financial situation and the court will probably allow you some time to repay at an affordable rate.
Only if you fail to do that (and stick to it) will the court consider more seriously an application to put the amount owed as a charge on your property. You may even prefer that, as depending on the details of the agreed charge, you may not have to repay the amount until the property is sold ... and there's no obligation to ever sell it.

But as I said, first off, they need to prove you owe the money they claim. Take things one step at a time

skintsue

too much info

skintsue

deleted for safety

skintsue

boring stuff

davidgmmafan

Just popped in to wish you good luck with this, doesn't look like you'll need it as the facts are so damning but there's good people on here to help. I only wish there were some means of getting stories like this featured on a larger platform, when the facts are so ridiculous I rather think people should hear about it.