Thread: Help me Please! Nat West taking court action

Hi Bincrunched and welcome to CAG

You certainly have had a bad run.If you can post the P.O.C of the claim or type verbatum ,less anything personal and the amount involved we will take at look.

Regards

Andy

Hi Andy,yep I've had a dreadful time of it! but I'm sooo grateful that you have taken the time to read my thread to try to help me
The P.O.C's as follows:

The Defendant (D) held the accounts as listed below with the claimant (C)
D failed to pay the sums due to C when demanded and the sums that remain outstanding under the respective accounts are listed below

Account Number Debt balance
xxxxxxxxxxxxxx xxxx.xx
xxxxxxxxxxxxxx xxxxx.xx

In addition C claims interest persuant to section 69 of the County Courts Act 1984 at the rate of 8.oo% per annum from xx/xx/08
to payment, both before and after judgment.
Number
(That's it verbatum)
Thanks!!!

Hi again

Ok firstly is the claim from CCBC (Northampton)?
Secondly you need to send the following to the Claimants Sols requesting information

Dear Sir,

Re: (Claimant's name) v (Your name) Case No:
CPR 31.14 Request

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.


2 the default notice*

3 the termination notice*

4 [any other documents mentioned in the Particulars of Claim]*

* delete if not mentioned in the Particulars of claim.


You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

yours faithfully


Send spl delivery retain proof print name

Thirdly I would request a copy of both agreements seperatly to the above CPR via a CCA sec 77 request.See templates library and enclose a £1.00 PO x2 and again spl delivery retain proof Letter N from memory.You will have to do this seperatly for both accounts.

Just confirm which Court and post if you are unsure.


Regards

Andy

Hi Bincrunched

Thanks for the rep and kind comments

Ok your case`as been stayed this basically means no response from
the Claimant within the 28 days.A case may remain stayed weeks, months even up to a year.The claimant will have to pay to revive said case and can do this anytime they wish to proceed with the claim.
I would help if you can post up a copy of the Defence/CC you submitted so I can see what you refuted/counter claimed.
Irrespective of the above I think it would advisable to request the above I have already advised as this will assist in any revised Defence should this be required.
I know it would appear that we are backtracking a tad but we need to establish that they have followed proceedure and have in effect terminated the agreements correctly.
If you have DNs /termination notices or any CCAs already I would advise you post these up also less your personal details.We need to establish that the DNs are valid as also the agreements, before planning your next move.I would also check if any penalty chages have been levid to said accounts also via your statements if in your possession.

I trust the above is of help

Regards

Andy

Hi I would assume then because of your CC that the case as been stayed pending outcome of the OFT case.
Send the above CCA and CPR Request as advised ASAP and then you will be prepared for any lift on the stay and be in a position to submit any revised Defence based on the contents requested above once recieved.

Hope thats of help

Regards

Andy

Hi Bincrunched

In post 1 you state you took the NW loan 1997 above you state 2000 can you confirm?
Can you post a copy of the agreement less personal details?
Have you recieved a Default note /termination notice prior to litigation? If so again post a copy less personal details.
Ok with regards to the CCa 1974 limit of 25k
there was abolition of the upper limit of £25,000 for CCA-regulated loans, due for implementation in April 2008.If they have issued a DN under the terms of the CCA 1974 then they have also issued the claim due to the same terms also but would like to see the " Agreement"

Regards

Andy

Hi Bincrunched

Nothing appeared except the Guest watching everytime you post.Be carefull you are being watched

Regards

Andy

Hi Crunched

Was the loan secured or unsecured i notice the stocks shares under assets?
From what you have posted they are no way to be considered Agreements CCA1974/6 or whatever.Did you ever sign an agreement and what security did you offer if any?

Regards

Andy

Well if thats the case then this is what i think as happened.They have issued the claim on the understanding that you would not defend and therefore gain judgement by default.Then they would go for the Charging Order to secure the secured debt properly vis a vis the CCJ make sence? The fact that you did Defend stopped them in their tracks hence the stay and no response.
I would advise you again to send what I have advised, it could be with the threshold being changed on unsecured debts that they have tried their chances in passing this off as an unsecured debt and passed it through the SCT Court.
They have to be able to produce an Agreement to be able to enforce it bottom line full stop.lets put them to proof and give them a run for their money. (dont sign the requests print name only)

Would you agree?

Andy