Help please - Nat West & Irwin Mitchell Solicitors

chicken999

Hi - can anyone help please? I owe Nat West re an old business account and loan. I don't dispute that I owe them - but I do dispute the amount.
On 15th April 2010 I received a letter from Irwin Mitchell Solicitors - a 'letter before court proceedings' giving me 14 days before they would start court proceedings. I replied on 15th April, but on 17th April I received two letters from them - a 'final warning' giving me 7 days to pay or put forward a realistic arrangement and also an 'Application for Money Judgement' and court papers. I completed the court papers and entered my defence, and also replied to Irwin Mitchell.

On 14th April I also received a letter from RSM Tenon who stated they were acting on behalf of Nat West. I replied to them and stated that I had just received correspondence from Irwin Mitchell regarding the same debt. I received a letter from RSM Tenon on 30th April 2010 stating that Nat West had confirmed that Irwin Mitchell were not dealing with the case. RSM came up with a proposal and asked me to think about it.

I telephoned Irwin Mitchell Solicitors to advise them of the correspondence I had received from RSM Tenon. They did not know what was happening and promised to get back to me - they haven't!

Today I received a money judgement from the court!! I was not advised of the date of the court hearing (I had originally asked for the case to be moved to my local court).

What can I do?? How can Nat West expect me to deal with two different organisations? Do I have any recourse against either Nat West, Irwin Mitchell or RSM Tenon?? Any advice anyone can give me would be truly appreciated.

I would add that at no time have Nat West written to me - they haven't answered any of my correspondence.

Thank you.

Tixy

Hi

I'm sure there is something you can do, at the very least you should have been notified of the court date.
When you completed the court papers did you defend/deny the debt?

Not totally sure what to advise so bumping you up for one of the posters who know more about court to see and advise.

chicken999

Hi,

Thank you for replying. When I completed the court papers I did dispute the debt. I also asked for the case to be heard at a local court - but I wasn't even told when the case was going to be heard. When I phoned Irwin Mitchell Solicitors on the 11th, and asked them to confirm that the case was not going ahead as I had been advised that they were not acting for Nat West, they did not tell me that the case was being heard on the 13th.

I'm new to this site - what do you mean when you say you are bumping me up for one of the posters to advise?

I would add that originally I was advised by Paypal, and they told me to write to Nat West offering them £1 per month to each account and asking them to freeze the interest. I did this and stated that if I had not heard from them within 6 months I would presume that they had accepted my offer. I have been paying the £1 each month. They have never responded to my letter and, foolishly. I presumed that they would have contacted me if they had not accepted my offer. I had no idea they had instructed Irwin Mitchell until their correspondence in April, and when I contacted Irwin Mitchell they said I should have been paying them and not Nat West and that they would not have taken me to court if I had been paying. How was I to know Nat West had instructed them?

I would add that I phoned RSM Tenon late yesterday - they thought they were still acting for Nat West and in the process of negoiating with us. They phoned Nat West who told them that Irwin Mitchell were not acting for them on this case. I explained that I had the money judgement in front of me. RSM Tenon phoned Nat West back - and then told me that Irwin Mitchell had taken the court proceedings "off their own back". But naturally Nat West are accepting the order and no longer want RSM TEnon to negotiate with us!!

I'm sorry this post is so long winded - I'm just so angry, upset and frustrated. I just want to get on with my life. Do I have any recourse??

never-in-doubt

send a PM to 10past6 and tell him Niddy sent you here - send a link to this thread (Help please - Nat West & Irwin Mitchell Solicitors)as well so he can see what is going on.

He is one of the experts on court things and will know what to do and guide you, if he can. Just be patient, as you can imagine he is in demand.....

Edit - i've sent him a message on your behalf and a link here so keep checking back

10past6

The only people you should be dealing with on the telephone is the court, no matter how tempting it may be, you must cease telephoning anyone other than the court.

chicken999 wrote: »

Today I received a money judgement from the court!!

What do you mean by "Money Judgement" what exactly does the judgement state?

Which court issued the judgement?

At this moment in time, your issue is with the court and not the claimant, you need to find out why your disputed claim was not transferred to your local court, once you've rectified that, you then move onto the claimant by making a “set aside” application to the court based on clarification required as to who the claimant is
plus, the debt being a disputed amount.

chicken999

Hi - thank you for replying.

The court paper states "Judgement for Claimant (after determination) and also states that I have to pay £307.39 per month, commencing June. The judgement was issued by Northampton County Court.

When I received the judgement in the post yesterday, I telephoned Northampton County Court and was advised to re-send all the paper work to the Post Judgement Manager at Northampton County Court. I was told that I might have to file another defense. Is this correct?

I have not yet sent a copy of all the paper work to the court as I was hoping you might be able to advise me on this. Should I go ahead with the court's request?

10past6

chicken999 wrote: »

I telephoned Northampton County Court and was advised to re-send all the paper work to the Post Judgement Manager at Northampton County Court.

I suggest you complete this form here stating the uncertainty who the claimant is + the alleged debt is disputed.

As and when that process is dealt with, should the repayments SET BY THE COURT be to high, complete this form here requesting a redetermination, you should only complete the form as and when part a) above is completed.