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NR/Wallers Claimform - £29k Pers Loan *DISCONTINUED*


womble72
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Evening Chaps,

 

Reading your messages i am not to sure where i stand now with a defence.

 

If my copy is enforcable am i in big trouble defending this case now ?

 

The figures may be incorrect but is this enough for my defence.

 

Womble

 

Hi, Womble,

 

a summary of where we are at present is that the default notice they sent you has certain inaccuracies, which may prevent them winning the case this time; but which can be easily rectified.

 

the papers you have been sent contain discrepancies in terms of money which are significant, and will make their case harder to prove.

 

there may be charges added onto the debt which you could fight, but we are still waiting for them to produce the paperwork.

 

My question of what the circumstances leading up to the case were (i.e. why can't you repay the money) is very important. there are, as they say, more than one way to skin a cat.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi Tom,

 

I originally borrowed to consilidate a bank loan because the rate was cheaper at the time.

 

In the end i was just borrowing more and more to cover other debts and it just snowballed one christmas time (2005)

 

The big Natwest overdraft was keeping us a float but the Natwest kept dragging me in to try to throw more money at me to clear the overdraft but i told them i coudn't afford to do that.

 

So in the end i just thought enough is enough and told all my creditors i cant afford to pay.

 

My wife does not work and i have a 4 year old and a 5 month baby to support.

 

I have two jobs and hopefully in the new year my wife can find a part time job in the new year.

 

My fight with Nr is i wont deny i owe them the money (£25,000) but i cant pay them what i haven,t got.

 

I have upped my surplas this month to them so if they cant get co unless i default on cj what is the point of taking met to court.

 

Womble

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Hi Tom,

 

 

I have upped my surplas this month to them so if they cant get co unless i default on cj what is the point of taking met to court.

 

Womble

 

they are taking you to court in the hope of getting a forthwith order, or an installment order so high you will not be able to pay it. If they get either, it effectively means that they will be able to apply for a charging order.

 

seems to happen more and more, these days.

 

You mentioned having other debts. if you keep within your DMP, how soon would you be able to repay them?

 

Do you live in england or scotland? (I'm assuming england)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi Womble

 

my personal thoughts on this as it stands

 

they have not supplied any documents they intend to rely on so i would wait and see what they come up with

 

as tom said , there is a certain amount of discrepancies contained within their case so you do have something to defend im my opinion

 

i would wait and see what they send you in response to your CPR request

 

regards

paul

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Hi Womble,

 

Can you type up the money figures for default / arrears in the demand letters etc.

 

I was particularly impressed with the £300 odd charges for "Direct Debit unpaid" in that list.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi, Womble,

 

i mean in each of the letters they've sent you in the bundle today that mention a default amount.

 

I'm just wondering... do their default amounts all say the same amount:)

 

So far, from what I've seen, they never seem to get all the figures to match up.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi Alan

You have £60.00 penalty charges on your statement which therefor renders your default note invalid as I explained way back in this Post.

Tomterm its not £296.00 penalty its a bounced D/D negative transaction with a £30.00 Charge.

 

 

Regards

Andy

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You just have to wait now and see if your agreement turns up and we can pull that to pieces and in the event it dosent you will base your defence on the invalid Default note Hope that makes sense

 

 

Regards

Andy

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No they cant have another stab at it Lol

We could do with some help from you.

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You just have to wait now and see if your agreement turns up and we can pull that to pieces and in the event it dosent you will base your defence on the invalid Default note Hope that makes sense

 

 

Regards

Andy

I think you got slightly confused here.

I think you meant to say if the agreement DOES turn up then......

 

As if it doesn't then that's a great part of the defence.

Remember No CCA = No Enforceable debt.

Be VERY careful whose advice you listen too

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The invalid default note on the statement of account.

Can that be in my favour with the court ?

If they dont bother to send the agreement is that more weight towards me.

I have until the 8th December to do my defence but do i need to fill that part in on the admission sheet or do the court send me a letter stating why? are you defending all of the claim.

 

Womble

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I stand corrected Typing too fast Lol

Thanks again Curly where would I be without you

 

 

Andy

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Alan

I told you last w/e to Defend all of it. later in your post it was refered that I was giving misadvice by a member of cag and therefore refained from your post.

I knew there would be penalty charges there always are and I bet you there will be problems with your CCA.Add the fact that they wont comply with your C.P.R request then your defence will reflect all these anomolies

So stop panicking you are in good hands with the team on CAG.

Hope this averts the crises for now.

 

 

Regards

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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