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Shoosmiths and Nat West


AT99
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Hi Bluesky

 

I am not a site moderator, but i would strongly suggest that you start a new thread.

 

This way you will get assistance pertinent to your situation and not a hybrid of answers which should rightfully refer to AT's post.

 

Cheers, Vex

If my advice or input has helped, by all means tip my scales

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Well time for an update....

 

The stay expires on 30th Sept and last week I received a bundle of paperwork from Shoos. It turned out to be every statement since I look out the account some 13 - 14 years ago. There is still no agreement or default or any other paperwork I have requested under the cpr.

 

The covering letter was ammusing, it said "we therefore invite you to withdraw your Defence".

 

Now what I find interesting is the fact that my defence is that I haven't been able to file a full defence due to their lack of paperwork. But it doesn't matter as they go on to tell me that they are entitled to request a summary judgement.

 

So unless they produce the right paperwork out of a dark crevice (and I still have that lingering doubt they might) I can't see they have anywhere to go with this as an agreement and default notice must be key to any case they have.

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Well time for an update....

 

The stay expires on 30th Sept and last week I received a bundle of paperwork from Shoos. It turned out to be every statement since I look out the account some 13 - 14 years ago. There is still no agreement or default or any other paperwork I have requested under the cpr.

 

The covering letter was ammusing, it said "we therefore invite you to withdraw your Defence".

 

Now what I find interesting is the fact that my defence is that I haven't been able to file a full defence due to their lack of paperwork. But it doesn't matter as they go on to tell me that they are entitled to request a summary judgement.

 

So unless they produce the right paperwork out of a dark crevice (and I still have that lingering doubt they might) I can't see they have anywhere to go with this as an agreement and default notice must be key to any case they have.

 

"We invite you to withdraw your defence" That is a gem

 

Was there an RSVP at the foot of the page?

 

Perhaps their next letter will be sealed with a S.W.A.L.K!

If my advice or input has helped, by all means tip my scales

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Hi AT

 

Reference to the most recent correspondence that you got from the court, i think i recall you saying that you didn't respond. Is that right? And no Allocation Questionnaire filed as per Judges instructions?

 

Thanks, Vex

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Hi Vex

 

No, I didn't need to. I didn't see any point arguing with the Judge on the stay and I don't think it would do anything to change his mind.

 

I filed my AQ before the stay and on time; Shoos didn't and still haven't.

 

I will be interested to see what the Jugde makes of Shoos asking for stay then doing nothing to try and resolve things and not providing correct paperwork as per cpr.

 

Alex

Edited by AT99
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Hi AT

 

Sorry for being dim, when you say that I filed my AQ before the stay and on time; Shoos didn't and still haven't.

Do you mean your initial and only AQ, or have you sent back another AQ?

The reason i am seeking clarity, is that I have already filed an AQ. The most recent letter (the one that is identical to yours) has three points on it. Only one refers to me and that points asks for an AQ. SO does the judge want another one from me, and is that what you have done?

Just wanting to be double sure i don't miss a trick.

Thanks, Vex

If my advice or input has helped, by all means tip my scales

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Hi Vex

 

I have only put in one AQ, I haven't seen anything to suggest I needed to put a second one in. The letter confirming stay said both parties have to provide AQ by 14th Oct after stay expires on 30th Sept; as far as I am concerned I have done that already.

 

I was going to call or drop by court to double check as I don't want to get in a mess on a technicality.

 

I don't see why you would need to send in another unless you wanted to change something and i presume you would need permission to change from judge.

 

Alex

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Vex, got confirmation on if I needed to file a 2nd AQ for you.

 

I spoke to the court, who are far less friendly than Northampton, but confirmed that I do not need to provide another AQ.

 

The state of play from their point of view is that they haven't had an AQ from NW and the case has been passed to the DJ for his directions now the stay has ended.

 

I have to wait and have done all I can for now.

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Vex, got confirmation on if I needed to file a 2nd AQ for you.

 

I spoke to the court, who are far less friendly than Northampton, but confirmed that I do not need to provide another AQ.

 

The state of play from their point of view is that they haven't had an AQ from NW and the case has been passed to the DJ for his directions now the stay has ended.

 

I have to wait and have done all I can for now.

 

 

Hi AT

 

Interesting that you say that your local court is far less friendly than Northampton, but good nonetheless that you have confirmation that you needed to do nothing more in response to the Judge's letter.

 

Fingers crossed no. Maybe the judge will act swiftly and tell NW where to get off.

 

Thanks, Vex

If my advice or input has helped, by all means tip my scales

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You'll also be interested to know that BBC's Panorama programme will be covering CCA's on Monday 10th November.

Assuming of course the banks are still around in November!!

Edited by Docman
typo

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Thought they were already they seem to take enough P*** out of the consumers:D

 

 

Andy

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Vex

 

No nothing yet, I will update as soon as I hear anything. Will be interesting to see what Panorama have to say. It could be the final nail in the banks coffin if they air something similar to what is on this site. I wonder if the Government will censor it as its their businesses and money now!

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Vex

 

No nothing yet, I will update as soon as I hear anything. Will be interesting to see what Panorama have to say. It could be the final nail in the banks coffin if they air something similar to what is on this site. I wonder if the Government will censor it as its their businesses and money now!

 

Mostly our money really. Aprox 2 Grand per head, which makes us all holders of preference shares I suppose. Do you think natwest might attempt to appeal to our emotional side by saying that if we agree to pay their claims in full, it will help drive the price of their shares up, which will help us as we are all shareholders :D

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  • 2 weeks later...

A further update:

 

A letter from the court giving the claimant until 20th Oct to report to the court. This seems to be 14 days from the point the Judge picked this up after the stay expired. It arrived on 16th, doesn't seem very long to reply unless claimant gets more notice and I don't get to hear.

 

Can anyone shed any light on what this means? 20th is Monday, does that mean Monday is deadline or that Monday is another court imposed date that the claimant can ignore. I am really wondering how far this can be dragged out. Am I allowed to contact the judge? Is it likely he is letting NW/Shoos hang themselves with nowhere to go?

 

Thanks

 

Alex

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Still no news. Does anyone know what is likely to happen from here?

 

I assume I am waiting for the judge again. What will he do next, offer more time or threaten to strike out?

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After not hearing from the court I called in for an update today and Shoos have requested another stay. Apparently the file has been passed to the Judge but he has a backlog.

 

More waiting it seems.

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After not hearing from the court I called in for an update today and Shoos have requested another stay. Apparently the file has been passed to the Judge but he has a backlog.

 

More waiting it seems.

 

 

Hi AT

 

Isn't this just very annoying. If you (and I) had not responded to our respective claims when the case was first filed then Shoo's would have won by default. Now they can't get their act together they are allowed to stretch this out even though the judge has already issued a deadline to them.

 

Vex

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Well I have called the court today and the judge is going to grant another stay to NW.

 

Now this time I have seen no correspondence from NW, they wrote directly to the judge and after sitting on it for 3 weeks has decided to grant another stay to NW. All NW need to do at the moment is produce the correct paperwork they should have had in the first place.

 

Can anyone provide any advice on how I should handle this? It seems completely unfair on me to keep giving NW extensions for deadlines they keep missing. They haven't even completed an AQ.

 

Is it wise to write to the judge? This seems a farce.

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hi at99,

 

i have had a gut full with nw and they will have a huge surprise comin their way soon from me i cant really advise but one thing i can tell you is the very well run NR seem to have tea and bics when it comes to court orders they seem to be in the position of telling the courts what to do there were 3 legal issues they should have complied with in my case before a trial took place they just gave the middle finger sign to me and the judge said thats ok:rolleyes:

 

so we have one rule for the creds and another for us.Thats my opinion and experience only you may get a better deal.

 

wish you lots of luck with nw.

 

ooc

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I have drafted a letter to go to the judge and wondered if I could get some feedback on this.

 

AT99

Address

 

8th November 2008

 

District Judge X

County Court

 

Dear Sir

 

Claim Number – XXXXXXX

 

I am writing to respectfully request cancellation of the stay granted on 7th November 2008

 

I do not see how a further Stay will serve any purpose, only cause further delays in progressing the case or reaching a resolution in this matter.

 

The Claimant made no attempt at contacting me with regards to settlement during the previous stay granted for such. The only communication I received was a letter dated 5th September 2008 informing me that the Claimant is “at liberty to request a summary judgement” and their letter went on to say “we would therefore, invite you to withdraw your defence”. I have attached a copy for your reference.

 

The Claimant has had in excess of four months to contact me with regards to some form of settlement. The Claimant has previously informed me in writing that the only acceptable settlement would be full payment of their claim. I fail to see what they are expecting to achieve during this stay that could not have done during the previous one.

 

I have been unable to build any sort of defence against the original claim due to the Claimant withholding documentation they must have in their possession to make a valid claim under the Consumer Credit Act. I therefore request that the Claimant fully respond to my CPR 16 request made on 19th June 2008 and file an Allocation Questionnaire.

 

I enclose a copy of my draft Order for Directions that were originally enclosed with my Allocation Questionnaire delivered to the court in July.

 

Yours sincerely

 

Any advice would be greatly appriciated. I don't feel like I can sit around and wait whilst everyone just ignores the system put in place.

 

AT

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I'd say it's good to go, AT.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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