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we're in court on Monday!

2

Comments

  • Only 3 1/2 hrs to go until court. I'm having trouble finding information I can print off to further our case for reclaiming.

    Have you collected copies of the statutes and decided cases on which your claim relies eg UCTAs, UTCCRs, your TOCs, etc. and, of course, your schedule of claim (rather than just the bank statements).

    As Stokey said on Saturday, it would also be a good idea to assemble an argument as to why a stay should not be granted.

    Good luck.
  • Stokey125
    Stokey125 Posts: 671 Forumite
    Morning all,

    Only 3 1/2 hrs to go until court. I'm having trouble finding information I can print off to further our case for reclaiming. I've got all the statements and letters from Natworst and the letters from the Courts but I would be grateful if anyone could give me some help as to what else I could take to help my DH case? :confused:

    If you do a search against my posts you should come across some arguments against a stay you can use.
    As I am not the Pope or legally qualified I may be wrong so feel free to get a second opinion from a qualified person
  • Stokey125 wrote: »
    If you do a search against my posts you should come across some arguments against a stay you can use.

    Have a look at post no 2 here (from Stokey)

    http://forums.moneysavingexpert.com/showthread.html?t=516985

    Hope it's not too late for you!
  • :j A huge thank you to Martin :money: and everyone, we went to court at 10.30am and settled out of court with the Natworst representative for the full amount!!!!!!!!!!!!!!!!!!!!!!!!!!!

    :T :T :T £1617.17:T :T :T :T
  • Wow i am so pleased for you! must be a huge relief! i am in court tomorrow with barclays and am prepared (sort of!) for either : a settlement (even though theyve said no!) or to oppose a stay or to fight the case and win and i am hoping it is not the stay scenario!!!
  • Well done, debtfree. Did they not apply for the case to be stayed? If they did, how did you persuade the Judge otherwise? I've my own court date early September, so this is cause for hope!
  • catoxley
    catoxley Posts: 31 Forumite
    hiya can you tell me what happens when u get to court i'm a little worried?

    Well done hun
  • Well we were prepared for it to go in front of the judge etc and as we checked in at reception we were told that there was a lady waiting to see us. She there to represent Natworst and a couple of other banks. She took us into a room and explained that out of the 12 cases she was dealling with this morning only 2 had been agreed as giving a gesture of goodwill, ours being one of them! She then asked had we been offered something in the past to which my DH said yes (i could tell by his look he was expecting her to give the same amount £886) anyways she said oh right, well we'd like to offer you the full amount £1617.17! yes we were completely stunned! she had already hand written a letter, which I will transcribe fully on this thread tonight. So we checked it and signed it, with that my husbands name was announced over the tannoy and she said oh we'd just better pop in and see the judge and let him know the outcome. so off we went down the corridor to see the judge in a small office. She explained to the judge that we had settled and that she wanted to stay the case. the judge quickly jumped to our defence and said he would prefer either a stay or to put a temporary hold on the case until 6th Sept incase Natworst didn't pay. we agreed to a hold incase they don't pay up and they have 21 days from today in writing to issue a cheque in my husbands name, as i insisted on a cheque and Natworst have already closed his account.

    BTW when we left court my husband said because I had done all the hard work and arranged it all he was going to let me have the money!!!!!!!!!!!
    I can't believe it, now should I put it in our savings account, we have no money saved and live week to week and this money will make a huge difference to us trying to get out of our council flat or should I go on a huge Boots and Tesco shop and get all the extra points? No joking aside this has been a long wait (22nd Jan 07 I started claiming) and a massive weight has been lifted off our shoulders.
    Oh well I'm off to work in 20 mins and won't get home til 8.30pm and husband has gone to bed to get some sleep before work tonight!!!
  • catoxley
    catoxley Posts: 31 Forumite
    ty hun and well done again x
  • scottjack
    scottjack Posts: 40 Forumite
    Really good to read about how the money will affect you.

    I've got my court date in a month so waiting to see what's happening.
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