529 i think

Thanks guys so much for voting..... I think you can vote as many times as you like as long as you delete cookies How many votes do you think we will need??

Love your little one sod'em.......... I think he could give alfie a run for his money afterall alfies knickname has been elfie alfie since birth due to his pixie ears. Thanks all for your votes so far. As far as im aware you can only vote once. Voting is open all week so would appreciate some **bumping** He needs to get into the top 100 for a panel to look, I spend so much time on CAG and MSE that I dont have any real friends to vote lol.... We shall see how he does?? Anyone have a guestamte of how many votes we will need considering the amount thats entered??

I have been on this site for a while now and was wondering if you could all do me a huge favour and vote for my baby in a competition. I know he is the cutest but he still needs the votes. Just follow the link and search Alfie Burton.... Thanks in advance.. http://sunbeams.thesun.co.uk/gallery_search.php

Will do thanks once again andy..

Bit of an update.... I phoned the solicitor at irwin and mitchell who i have been dealing with and explained that I was concerned natwest would take further action in the future with regards to this debt and also that I plan to seek costs. She sent me a letter out next day stating: Further to your telephone call today, we confirm that if the cliam is discountinued by consent as proposed, our client will not pursue you for the balance outstanding in the future.... Will this letter help in the future if natwest change their mind??

Is anyone able to help me?? I am just wondering what there is to stop natwest from trying to take me to court again?? Also what is to stop them passing the alleged debt onto a debt collection agency?? Sorry for the questions its just I cant believe it is nearly over.

Ok thanks... Im just so looking forward to this being over. The whole process has also taught me not to be scared of your creditors so much or the court procedures they try to scare you with.... If any other creditors try to take us to court in the future I will hopefully be able to fight my corner a bit better.. Thanks CAG!!

Thanks andy for all of your help and everyone else you have all been great!! i wouldnt have been able to get as far as i have without all the help and support. I have 2 questions. How do i apply for a waster costs order/ what sort of costs am i looking at? To negotiate removals of items from my credit file should I write to them prior to signing the orders etc if so any templates available?? I know we have defaults on file for this loan.

Omg Im so excited at the prospect of something having actually gone good....

Well some good news folks, A letter arrived today from NW'S Solicitors. READS: Our client has instructed us that due to the increasing costs of pursuing this matter, they have taken the commercial decision to discointinue these proceedings, We therefore enclose a consent order in triplicate and request that you sign these where indicated and return these to our office in the envelope provided within the next 7 days. Consent order reads: Upon the claimant and the defendant consenting It is ordered tthat. 1. The claim and the defence and any counterclaim be discontinued 2. There be no order as to costs. This is really good news and Im feeling so relived although a little aprehensive at the same time. Hubby was going down to the court tomorrow to present his application to have the case struck out so great timing. My main concern/question is What happens next?? what should we do, do we need to contact the court etc... And also what is to stop natwest say in a year or so begin court proceedings again?? Thanks

Is this ok to use on my application, I have slightly tweeked but found the template on the forums. The Claimant has previously admitted to myself and the courts that True copies of the alleged original signed agreements are unavailable. The claimant is unable to comply with The Ministry of Justice, Civil Procedure Rules. PRACTICE DIRECTION – STATEMENTS OF CASE This practice direction supplements CPR Part 167.3 Where a claim is based upon a written agreement:(1) 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, and(2) any general conditions of sale incorporated in the contract should also be attached (but where the contract is or the documents constituting the agreement are bulky this Therefore I ask for the claim to be struck out immediately. Alternatively should the honourable court not agree with the above: The Claimant shall within 14 days of service of this order send to the Defendant and to the Court: True Copies of the original signed Credit Agreements and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended, Document, contract or deed of assignment If the Claimant fails to comply with this order, the claim will be struck out without further order. Should the Claimant provide the required information, The Defendant shall within 14 days thereafter file and serve the following An amended defence sufficiently particularised in response to the documents supplied by the claimant

I know andy Thanks you have been a great help... My head has been all over the place with this and I question myself everyday if im doing the right thing... Tomorrow morning im taking the bull by the horns and attempting to end this fiasco with natwest... Fingers crossed..

Right Im getting motivated to tackle this head on. This is my plan... Submit an application to the courts to get the case struck out due to no CCA. Sit at home with my fingers crossed that it goes to a sensible nice judge. Either have a party if I win lol or Cry my eyes out and spend more hours scouring the CAG forums..... Good plan??

p,s the solicitors have also told the court that they are unable to find the original CCA but the case still hasnt been thrown out.

The solicitors have already confimed on loads of occasions that Natwest CANNOT find the original signed/dated agreement..... I have already said to the solicitor that surely without an agreement there is no case to answer and she has basically said that natwest are prepared to proceed and show the judge that we had the money via bank statements etc...

The solicitor also mentioned if we did settle we could pay by instalments and have a tomlin order?? not too sure what that is good or bad, Just having a look online now for info...

Hi just a bit of an update, I hadnt yet got around to drawing up a letter of offer etc, But natwest solicitor phoned yesterday to ask if we would accept the 5,000. I explained that my husband was no longer employed and having seeked legal advice we have been adviced to continue with or case due to my husband not having taken out the specific loan and there not being any ccj. The solicitor sounded quite nice and said that she understood but there client cannot find the documents. I explained that win or lose or accept earlier settlement we do not have the money either way to pay so would have to pay by instalement. She has asked us to think about it and let her know if we wish to continue with the case or settle as NW want to save on costs and to phone back Monday... From this telephone conversation it seems to me they are pretty desperate to settle.

How realistic would an offer of 2,500 be then paying at £25 a month. Their last offer was to settle at £5,000? Also how should I aproach them with the offer.

At the moment though we have not been paying natwest anything since they began court action, They were also removed from the DMP as the debt they are claiming for is in dispute.

need some advice/opinions on settling this, I know previously we have said that there is no way we are able to settle, We have seriously been thinking about it however have barely any surplus income a month. Do you think there is anyway natwest would settle at £2,500 paid in monthly instalments of £25 in full and final settlement, Previously they have offered £5,000 full and final. We have no other income/funds available to settle and are currently on a payplan plan with our other creditors. If so can anyone point me in the right direction of a letter or template to send... The debt is solely in my husbands name, He no longer works so all income is what I bring into the household. Thanks

Right im back from my break away and ready to crack on with this, Since being away we have received a letter from natwest solicitors enquirying if we had thought of settling the account with their offer.... Obviously we are unable to do this and want to proceeed ahead, From others points of views do you think I should do first, Complete a witness statement and send to courts, natwest or Complete an application for specific disclosure, Also am i required to change my defence based on their evidence.

Hi Im going away for a week, only to visit the in laws so on my return im going to look at an application for specific disclosure, However I may need some help with wording etc If anyone is available.. I just want to get it over with now and if NW cannot locate the agreement which we know does not exist then hopefully there is no case to answer! I just need the judge to agree..

oh thanks.... I will post an amended witness statement when i get a chance to go through it... Also is it too late to ask the judge to order natwest to provide a signed and dated cca??

Also is it best to wait for natwests Ws first.... Im not sure If I would be better of with a skeleton argument and proposed directions for the hearing in september.... Is that the correct line of thinking for a 3rd CMC...