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Marc1971

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  1. Thanks a lot UKAv. That is superb. Doing it now.
  2. Okay ladies and gents, I have spent the whole evening peering into the most obscure corners of the Web trying to work out if this judgement is valid. It appears that the crux of the matter is whether the judgement made 'on the court's own motion' is a 'default judgement'. If it is, it appears to be invalid because (a) I filed a defence and (b) I asked for time to pay. Strangely, the bank's solicitor only applied for the striking out of my defence on form N244, but never asked for a judgement, the court did that on it's own initiative. So...can anyone help. Is the judgement a 'default judgement'? Thanks a million.
  3. Yes, today's letter has prompted me to start the process to reclaim the bank's charges. I enclosed the £20 (two accounts) and will presumably get a list of the charges. In any event I still have the statements, but can I counter-claim at this stage? Thanks for your help.
  4. Hi again Nick It wasn't done entirely on the initiative of the court as Nat West's solicitor had applied for my defence to be 'struck out' on the basis that my defence was no defence at all in that I was admitting to owing the money. A copy of the application was included in with the judgment. The judge agreed with him and there and then ordered that I pay the amount owed, plus costs, immediately. Is that a 'Default Judgement'?
  5. Yep, but I didn't mention them in my defence.
  6. Nick, you are a genius. We originally filed the admission form and under Section 11, entitled 'Offer of Payment', we clearly ticked the 'I can pay by monthly instalment' box. Part CPR 12 says.... "3) The claimant may not obtain a default judgment if – (a) the defendant has applied – (i) to have the claimant’s statement of case struck out under rule 3.4; or (ii) for summary judgment under Part 24, and, in either case, that application has not been disposed of; (b) the defendant has satisfied the whole claim (including any claim for costs) on which the claimant is seeking judgment; or © (i) the claimant is seeking judgment on a claim for money; and (ii) the defendant has filed or served on the claimant an admission under rule 14.4 or 14.7 (admission of liability to pay all of the money claimed) together with a request for time to pay. Is it that simple? If it is the case, surely the judge would know he can't demand immediate payment? I've looked at Parts 13 and 14 and I can't see anything that cancels out the above. I rang the court today and they said the form I need to challenge the Court's decision would cost £75!
  7. Thanks for your replies Nick. Our error lay in not knowing if we were admitting or defending the case. We clearly admitted we owed the money, but because we wanted to put our side of the story, (ie that Nat West didn't want to negotiate at all, despite our situation) the only option seemed to be to file a defence. Once the next lot of forms arrived we were faced with this form (see attachment). Now, that is the defence form, the one to fill out if you dispute the amount owed, but it has boxes to tick if you admit you agree you owe the amount . Confused? We were. We naively thought it would all be cleared up on our day in court. Hah. Next thing, a curt demand to pay an immediate £3500....
  8. Rob...I've just noticed that I don't even get 28 days to pay. 'Payment Forthwith', the date to pay by being the same as the day of the case. So much for compassionate judges.
  9. Thanks Rob.. The amount does include unpaid cheque charges and overdraft charges, so I can see where you are coming from, but surely I can't add to my previous defence at this stage? Can I? Any advice gratefully received.
  10. Hi everone. My wife is being taken to court by Nat West because of an unpaid overdraft of £3500. We received all the court paperwork and mistakenly filed a defence instead of an admission because the wording on the forms appeared ambiguous. In our defence, we admitted we owed the money, but stated that since we had fallen into debt (due to my ill health and subsequent job loss), all 7 other creditors had accepted our offers of repayment, but Nat West had refused all our offers. We have today received a 'General Form of Judgement Order', stating that the court on it's own initiative, without a hearing, had found for the Bank and we had to pay the £3500 pounds immediately. No time to pay, no chance to put our case, just a demand to pay. There is an option to have it 'set aside, varied or stayed' if I apply within seven days, but no hint of how to do that. Can anyone advise what we should do please? All we want is time to pay, about £25 a month, until it's paid off. I thought that in these times of economical hardship, the courts were supposed to look at cases of genuine hardship sympathetically? We originally sent this lengthy defence letter explaining how difficult things were (two little children, both of us on medication, no work etc) and all we get is a demand to pay the whole amount immediately without even a chance to put our case on a day in Court. Please help!
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