Natwest Keep racking up the interest - PART II

[pt2537]

Hi AT99

 

I wouldnt conduct matters via PM, its contrary to the site rules and also, it does not allow advice to be checked and finally any useful advice is kept private and therefore fails to help the other users

 

Regards

 

Paul

[vexlitigant]

Hi AT - I have PM'd you, and just saw what PT has written. In respect of that i'll go public.

 

I got a copy of CCA from Gnat West, but it wasn't signed! I never intended to take this path. I simply wanted some visibility into why they had continued to rack up interest on the debt when i was in financial difficulty and paying a token amount each month. You see, when Gnat West called time on this arrangement, they demanded ALL of the money. I mean when they demanded this amount i had to do a double take. They had been applying interest, so you see, i may as well have spent that token monthly payment on other necessities. (I'm not going to pretend that i had to live in a matchbox in the gutter with wife and kids - i actually earnt a decent wage, but as they say, when you work you cut your cloth to suit. My employers had a contract cancelled by the then health secretary Patricia Hewitt and the stuff hit the fan.) So..... I looked for a copy of the underlying agreement to see where it stated that they could rack up interest. When i received this so called 'document' it wasn't signed, so i thought - stuff that for a lark - i'm not going to stuff their mourths with my cash!

 

And here i am!

Edited July 16, 2008 by vexlitigant

[AT99]

Hi Paul

 

Thanks for letting me know.

 

Thanks for the message Vex, I will be interested to see what they come up wiith for me as I don't remember seeing a lot of the paper trail I should have. Good luck!

[vexlitigant]

Would someone care to double check my first attempt at a Draft Order.......

 

 

In the XXXXXX County Court

 

 

 

Claim number XXXXXX

 

 

 

 

 

 

 

Between

 

 

 

XXXXXXXX - Claimant

 

 

 

 

 

and

 

 

 

 

 

 

Vexlitigant - Defendant

 

 

 

 

 

 

Draft Order for Directions

 

 

1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

 

a) a copy of the executed agreement(s) regulated by the Consumer Credit Act 1974 for the account

b) copies of Default Notices (if any) issued pursuant to s87(1) of the Consumer Credit Act 1974 by the Claimant to the Defendant

c) a copy of any Notice of Assignment to the Claimant relating to the Defendant’s accounts

d) if copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(i) a copy of the procedure(s) used for copying, storing and retrieving documents

(ii) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

(iii) copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(iv) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

e) A list of all charges applied to the Claimant’s accounts with dates, type and amount of each charge

f) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon

g) Whether such charge is accepted to be unfair, and if not why not

h) If such charge is alleged to be fair, all facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable

i) Any witness statements

j) Copies of decided cases and other legal materials to be relied upon

 

If the Claimant fails to comply with this order, the Claim will be struck out without further order.

Thanks, Vex

Edited July 16, 2008 by vexlitigant

[steven4064]

I would add:

 

"2. The Defendant shall within 14 days of receipt of this information send to the Claimantant and to the Court:

 

a) an amended defence taking the above information into account

 

If the Defendant fails to comply with this order, the defense will be struck out without further order."

 

Only fair

[vexlitigant]

I would add:

 

"2. The Defendant shall within 14 days of receipt of this information send to the Claimantant and to the Court:

 

a) an amended defence taking the above information into account

 

If the Defendant fails to comply with this order, the defense will be struck out without further order."

 

Only fair

 

Bloody Splendid!!!!

 

I have just driven from home to Stoke to Leeds for work, and i have had my misses online at home trying to get a copy of the small claims court guide to assist me. She called and said that all (Amazon & Waterstones)were quoting 10 to 14 days postage. This helps relieve the pressure.

 

Many, Many thanks, Vex:lol:

[steven4064]

I'm not sure the book would help very much on this aspect anyway.

[vexlitigant]

On page 5 of the Allocation Questionnaire (N150) the submission needs to be signed. I guess this is where the practice of avoiding putting my signature on any correspondence to date now finishes?

[AndyOrch]

Hi Vex

 

Yes that would be correct

 

 

Regards

Andy;)

[vexlitigant]

Hi Andy

 

what if i use the online pdf from the HM court website and drop a digital signature in ?

[AndyOrch]

Hi Vex

 

It is an official document and therfore your signiture, one would presume to be safe.However if you do not feel comfortable doing that then by all means im sure the Court will notify you if the above is not acceptable.

 

 

Regards

Andy

[vexlitigant]

Hi Vex

 

It is an official document and therfore your signiture, one would presume to be safe.However if you do not feel comfortable doing that then by all means im sure the Court will notify you if the above is not acceptable.

 

 

Regards

Andy

 

My concern stems from the point that i am obliged to send a copy of the Allocation Questionnaire response to the Claimant, as well as the court (i already have a copy of theirs). So, although up to now I have been able to avoid using anything but digital signature, it now seems that this is over.

[vexlitigant]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

Hi All

 

I have been pondering the completion of my Allocation Questionnaire for some days now. I have until Friday 25th to return this.

 

Steven has been very helpful in pointing me in the right direction, however the AQ's on the link(s) above all seem to be focussed on Caggers who are the Claimants. I am concerned at a number of points on my response, and in spite of not wanting to be too tetchy and particular, I am still uncomfortable responding. Please remember i am the defendant, and given the sums involved it will be multi track.

 

I don't want to screw up at this hurdle:!:

 

can anyone help me answer the following ??

 

C PRE ACTION PROTOCOLS

 

First - The claimant has said that they HAVE complied with the relevant pre action protocol - I think they haven't. They have not exchanged all relevant documents!!

 

Second - I presume that i say that I HAVE complied??

 

 

 

 

D CASE MANAGEMENT INFORMATION

• What amount of claim is in Dispute - ALL
  
• Have you made any applicatiuons in this claim - Presume this is a NO, but not 100% sure
  
• If Yes - what for - ???
  
• Witnesses - Vexlitigant
  
• Experts - NO PROBLEM HERE
  
• Track - Do i have to tick multi track ????
  

E TRIAL OR FINAL HEARING

 

Claimant has estimated a FULL DAYS HEARING - I don't have the confidence to attend a full days hearing. I'll probably run out of things to say. I'll be completely bamboozled after 5 minutes - Is this a bluff? Should i put 1 Hour??

 

G COSTS

 

Do i complete these two boxes ??? Should i add my own defence costs (time, disbursements etc etc)

 

F FEE

 

I presume that as i am the defendant, i do NOT include a fee ???

 

I OTHER INFORMATION

 

Do you intend to make any applications in the immediate future?

Again - i presume i answer yes, and go on to request the claim be struck out

 

Please do forgive the basic nature of these questions, but i'm getting a tad nervous about being out of my depth.

 

Many many thanks, Vex

[vexlitigant]

Bump:eek:

[AndyOrch]

Hi Vex

 

The 1st Q, doesn't have a number, it asks have you sent a copy to other parties...tick yes.

 

A. Settlement-tick yes

B. Location -tick no

C. Pre-action Protocols-Part one-don't tick anything

Part two-tick yes

Case Management Info

State the full amount of what they are claiming in the bo

Applications-you haven't made any-tick no

Witnesses- if it is a joint debt put both of your names

Witness to which facts- All facts in the case

Experts-only the 1st Q is applicable about calling experts-tick no. The rest of that page you can leave blank

Track-can't complete without claim value

E.Trial/final hearing

Time estimate 4 hours

Days you won't be able to attend. Obviously I don't know that info. If you have holidays, other relevant important dates in the next 4mnths, I would detail. The Crts are quite flexible about this, so don't think you have to cancel things. If you're unavailable, say so.

F. Proposed Directions- no to both Q's.

G. Leave blank

Other Information

Attached docs-tick no

Sent to other party-tick no

If yes.....etc-leave blank

Do you intend to make applications in immediate future-tick yes[/font]

If Yes what for-An Order seeking the Claimants compliance with information previously requested.

In the big box underneath I intend to write how the Claimants are behaving, so I will do that shortly.

Sign and date (teaching you how to suck eggs-sorry!)

Under the signature box put little lines through everything except the number one and Defendant.]In the box underneath that, put your address, tel no and don't forget your p/code (Crt gets funny if people omit it!) You can include your email if you wish.

 

 

Hope the above is of help

 

Regards

Andy

[AndyOrch]

Under track tick the Multi-track box.

In the other information box write the following, but not yet, in case you provide me other info, that requires me to tinker with it!

 

The Claimants are deliberately frustrating these proceedings and preventing me from submitting a counter-claim, by refusing to provide information first requested under a Subject Access Request on the xxth xxxxx 2008. They have only partially complied with my request. I have sent letters to the Claimants Solicitors on the xxth xxxxx repsectively, requesting the outstanding information, which has to date not been furnished. I believe this is entirely unreasonable behaviour and I will shortly request an Order from the Court compelling the Claimant's compliance, to enable me to file a counter-claim

 

Regards

Andy

[AndyOrch]

The Court expects each party to file their AQ at Court, and each party is required to serve a copy on their opponents. The exchange of documents between parties, is expected from the beginning of the case. So that would include AQ's, disclosure statements and pre-trial checklists as an example. AQ's are not confidential and if you don't send your opponent a copy, chances are they will file an Application Notice looking for your case to be struck out. The offending party would then receive a further Order giving them a last chance to serve the AQ by a specified date. If it's not done, the non-compliant party would lose the case.

 

If they haven't complied with Court Directions, that tells you they are highly unlikely to even turn up to argue their case! You have complied, so even if they did turn up, you can point out to the Judge all the things they have neglected to do! You might resent having to send things off their sols and file stuff at Court, when they're doing nothing, but if you're doing things right, nobody can fault you on your efforts can they?

 

There is no point questioning Court staff about why the other party have or haven't done something, if you have issues about their conduct you need to raise such matters with the Judge on the day, or via an Application Notice as one would usually

 

 

Regards

Andy:wink:

[vexlitigant]

Hi Vex

 

The 1st Q, doesn't have a number, it asks have you sent a copy to other parties...tick yes.

 

A. Settlement-tick yes

B. Location -tick no

C. Pre-action Protocols-Part one-don't tick anything

Part two-tick yes

Case Management Info

State the full amount of what they are claiming in the bo

Applications-you haven't made any-tick no

Witnesses- if it is a joint debt put both of your names

Witness to which facts- All facts in the case

Experts-only the 1st Q is applicable about calling experts-tick no. The rest of that page you can leave blank

Track-can't complete without claim value

E.Trial/final hearing

Time estimate 4 hours

Days you won't be able to attend. Obviously I don't know that info. If you have holidays, other relevant important dates in the next 4mnths, I would detail. The Crts are quite flexible about this, so don't think you have to cancel things. If you're unavailable, say so.

F. Proposed Directions- no to both Q's.

G. Leave blank

Other Information

Attached docs-tick no

Sent to other party-tick no

If yes.....etc-leave blank

Do you intend to make applications in immediate future-tick yes[/font]

If Yes what for-An Order seeking the Claimants compliance with information previously requested.

In the big box underneath I intend to write how the Claimants are behaving, so I will do that shortly.

Sign and date (teaching you how to suck eggs-sorry!)

Under the signature box put little lines through everything except the number one and Defendant.]In the box underneath that, put your address, tel no and don't forget your p/code (Crt gets funny if people omit it!) You can include your email if you wish.

 

 

Hope the above is of help

 

Regards

Andy

 

Andy

 

Thanks for chipping that in. I haven't read in full yet as i'm prepping for an evening meeting in Brighton tonight. I'll most probably look at this once again tomorrow afternoon now (or tonight if i break from the meeting in time)

 

Thanks again - Vex

[vexlitigant]

Brief update.

 

Lodged Allocation Questionnaire response and Defendants draft order for directions with court and Gnat Wests solicitors last week (in time)

 

Thanks VM to Andy and Steven for much valued assistance

 

Regards, Vex

[vexlitigant]

Can someone tell me what activity i am likely to see from this point on having lodged my Allocation Questionnaire response and Defendants draft order for directions with the court and claimant?

 

Also, does anyone know the likely timescales?

 

Thanks, Vex

[AndyOrch]

Hi Vex

 

As per my post 142. Difficult to advise on time scales depends how much load your CC are under

 

Regards

 

Andy;)

[vexlitigant]

Hi All !!

 

Trust that you have been enjoying what little sun we have had over the last few weeks!

 

This morning, my wife received the following letter from Moor(on)croft......

 

"We have been instructed by Nat West to collect your overdue debt of XXXX.XX (this is the overdraft)

 

It is a legal requirement to send a notice of intended litigation before legal proceedings in the County Court are issued. This letter fulfils this requirement even if it is not actually read by you.

 

To prevent legal action from being taken it is essential that you settle this debt without delay. Payment should be submitted in full within 7 days or contact made with this office immediately, by telephone on 0161 xxx xxxx or by letter, with your payment offer. Failure to contact us by xx.xx AM on xx/xx/xx may result in legal proceedings being issued against you without further notice.

 

We would draw your attention to the normal drivel about baliffs, attachment of earnings, and charging orders on your hovel, blah blah blah blah."

 

As this alleged debt is already the subject of ongoing court action, albeit to me (this account is in fact an overdraft in joint names), is it possible for Moor(on)croft to pursue this. If so, would my wife need to take them through the usual CCA, S.A.R - (Subject Access Request), request to see notice of assignment hoops once again, or should we simply tell them to naff of as we are dealing with another party.

 

Good to be back in touch!

 

Thanks, Vex

Edited September 2, 2008 by vexlitigant
correct spelling mistakes

[vexlitigant]

Bump

[vexlitigant]

Bump?

[AndyOrch]

Hi Vex

 

I trust you are well.Ok you need to start the process again on your wifes behalf you know the pack drill by now.

 

Regards

 

Andy;)