NatWest taking me to court

[pt2537]

HI Westie,

 

Im about to nip out now, i will be back this evening, i will answer your message then my friend

 

 

regards

 

paul

[Westie1]

Thanks Paul, speak to you later.

 

Westie

[tinkerbell20]

subscribing

[Westie1]

Hello Paul,

It is now seven days since their solicotors received the letter you drafted for me. The CCBC has replied to my defence letter saying they have informed the claimants of my defence and giving them 28 days to reply. Pretty standard stuff I suppose. You asked me to let you know when I reached this point so you could consider the next move. xxxxxx have not replied to any of my requests (CCA, CPR, and now your last letter regarding my inability to defend the claim). I also sent for and recieved the two forms you advised me to get, so I think I am pretty much up to date. What do you think is the next step?

 

Best wishes

Westie

Edited August 24, 2008 by Westie1

[pt2537]

Hi Westie,

 

i will post up an application for an order tonight plus instructions etc to take to the court mate,

 

if they wont play then we ask the court to kick their butt

 

Im sorry for not getting back to you last night but i had a couple of extremely urgent cases come up

 

regards

 

paul

[Westie1]

Cheers Paul, I appreciate your help.

[pt2537]

Hi Westie

 

righty then

 

take out the N244 and do the following

 

 

 

 

in box 3 type

 

An order (a draft of which is attached) that the claimants claim be struck out pursuant to rule 3.4(2)(a) of the CPR because the matters raised in the claim are totally inadequate and do not amount to a legitimate claim and the statement of case fails in its entirety to comply with the CPR part 16

 

 

 

 

para 4 tick yes

 

para 5 at hearing

 

para 6 15 minutes

 

para 7 is self explanatory

 

para 8 District judge

 

para 9 the Claimant

 

para 10 the evidence set out in the box below

 

then in the box write the following

the claimants statement of case is vague and does not identify a legitimate cause of action nor does it identify the claimants case sufficiently enough to all me to file any kind of defence

 

the statement of case fails to comply with the CPR part 16 even giving allowance for the Northampton Bulk Regime restrictions

 

no details of the nature of the agreement referred to are offered, no account number nor any details of how the sums claimed are accrued and as a direct result of this i was unable to file any defence to the claim.

 

on xxxxxx i wrote to the claimant (a copy of the letter is attached) asking that they file an amended set of particulars to allow me to know what case it is that they are bringing against me. the claimant has ignored this request and as a result i ask the court consider striking out the claimants statement of case as disclosing no reasonable grounds for bringing the claim pursuant to CPR 3.4(2)(a) as the defendant is a litigant in person and is left at a servere disadvantage and unable to effectively defend this claim as a result of the claimants failure to follow the basic rules of pleading in accordance with the CPR

 

in the alternative the defendant asks that the court make an order that unless the claimant do file an amended statement of case within 7 days the claim will be struck out without further order

 

 

 

 

 

that should do the job

 

then

 

attach the draft order which i will post up in a mo and we should be opn our way to getting this dealt with

[pt2537]

IN THE XXXXXXX COUNTY COURT Claim No:

 

 

 

BETWEEN:

 

 

[ ]

Claimant

 

and

 

 

[ ]

Defendant

 

 

 

 

draft/ORDER

 

 

 

UPON reading the Defendant's Application Notice dated [ ]

 

 

IT IS ORDERED THAT:

 

1. The claim is struck out pursuant to CPR 3.4(2)(a).

 

2. The Defendant do pay the Claimant's costs at an amount to be decided by the court.

 

 

 

that is what i would send to the court

 

you will most likely have to attend a hearing at the local court so i hope that wont be too much of a problem for you but it may bring an end to this

[Westie1]

Thanks Paul, I have prepared the forms. I have to wait a couple of days for an up-to-date letter from the benefits office to prove my entitlement for fee exemption (the one I have is over one month old). As soon as this comes I will be posting all the forms to the court (by Friday I think).

Thanks for your help, you've been brilliant. I will keep you posted of any further developments.

Cheers

Westie

[Westie1]

Hi Paul,

I sent the N244 and EX160 as you advised and the court received them on Aug 5th. I have now received from Northampton a form N150 Allocation Questionnaire, which has to be returned to my local court. I am a bit confused how to answer some of the questions and was hoping you could advise me. I am still in the same position with NatWest, as they have not replied to any of the previous requests for info (CPR, CCA, and the letters Paul drafted for me) that I have sent.

Thanks

Westie

Edited August 24, 2008 by Westie1

[Misterzeus]

Bump

[pt2537]

Hi Westie1

 

sorry but i have been unavailable, i have my exams looming up on me and i had to take some time out to catchup on a few things plus my business needed my attention

 

Right then, you have an N150?

 

ok, it may be an idea to check with the court what is happening with the application, it should have been listed by now, give the court a call on monday, just to double check and then let me know,

 

the N150 is not hard to fill in so dont panic, we can sort this, and you do have a bit of time to fill it in

 

Regards

 

Paul

[Westie1]

Hi Paul,

I know that CCBC Northampton received the N244 on Aug 4th. I have phoned my local court to check if it has been forwarded to them, but they tell me they have quite a back-log of post so they can't tell me. She did say not to worry as it will automatically get forwarded from Northampton anyway.

Sorry for not replying sooner but I missed the email notification letting me know you had replied.

 

Look forward to hearing from you.

Westie

Edited August 24, 2008 by Westie1

[Westie1]

Just wondering if any of the site team can help with my AQ, which I need to get in on Friday. Paul has been brilliant but I think he is a bit tied up this week. I need some help with filling out the AQ as we have already put in an N244 (see posts above)

Many thanks

Westie

[42man]

Not an expert on this but this thread may help...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

[slick132]

If that doesn't get it sorted for you, post back here with any Q's.

 

[Westie1]

Hi Slick132, I,ve looked at the advice thread by Paul but I'm still unsure. Can I ask you to go through the form with me as I don't know how to answer the questions when I've already sent in an N244.

 

A) settlement: Do I answer NO to the question asking about settling before the hearing, as I have never received any documents from NatWest?

 

B) Do I answer YES to the location because I need it to be at my local court?

 

C) Pre-action protocols: Do I answer NO I have not complied with Pre-AP because I don't have the documents, or is my answer YES because I have requested them?

 

D) Case management info: where it asks for the amount of claim, do I write IN DISPUTE as I don't agree with their claim, or do I put in the amount they are claiming on the original court claim?

On 1st Aug I sent in an application notice N244 that Paul drafted, what do I put TO BE STRUCK OUT where it asks what it was for? Also I can't fill out the box 'for a hearing on' as I dont know when.

I understand the bit about me being a witness and I don't need expert evidence.

Would I be right in thinking this is FAST TRACK?

How long should I put for the hearing? On the N244 I put 15 minutes as per Paul's instructions, should I do the same here?

F) Directions: Do I just answer NO?

I) Other info: Do I attach a copy of the N244 and also all the other letters I have sent to NatWest, or are they asking for any formal documents like contracts etc?

Where it asks about intending to make any applications in the immediate future, do I state I already have sent the N244 on Aug 1st?

What am I supposed to put in the large box asking for any other info to help the judge manage the claim?

 

Sorry if this is a lot of questions, but I believe it is important to get it right at this stage. The NatWest have not replied to a single letter I have sent asking for info under the CCA and CPR, so I can't get my defence organised at all.

 

Thanks for your help

Westie

Edited August 24, 2008 by Westie1

[AndyOrch]

Hi Westy

 

Have a look at this thread towards the end N150 AQ

Above 5k yes Fast track

 

NatWest Keep racking up the interest - PART II

 

 

Regards

 

 

Andy;)

[Westie1]

Hi Andy, Thanks, I've taken what I think is the right way to answer this AQ. Can you check this please? Here goes:

 

Sent copy of this form to other party: ticked YES.

 

A) Settlement: Do I want to settle at this stage: ticked NO.

Reason: Claimants have not replied to defendant's previous requests for information under CPR, therefore the defendant cannot effectively defend the claim.

B) Location: ticked NO.

C) Pre-action protocols: ticked YES.

D) Case management info: amount of claim in dispute: (as per their claim).

Applications: ticked YES.

For what: TO BE STRUCK OUT.

For hearing on: left blank.

Witnesses: MYSELF. To which facts: ALL FACTS IN THE CASE.

Experts: ticked NO.

Track: ticked FAST TRACK.

E) Trail: How long: 15 MINUTES. this is what I put on the N244, is it ok to put the same on here??

F) Proposed directions: ticked NO to both.

G) Costs: left blank.

H) Fee: ticked NO. (I have already sent an EX160 exemption form with the N244).

I) Other info: Have I attached docs: ticked NO.

Sent to other parties: ticked NO.

Do I intend to make any applications in the near future: ticked NO.

 

 

 

How does this look?

Edited September 8, 2008 by Westie1

[AndyOrch]

Hi Westy yes thas fine just one point:-

E) Trail: How long: 15 MINUTES. this is what I put on the N244, is it ok to put the same on here??

 

Allow for 3/4 hours this is the trial length not an AN hearing.Court will advse if incorrect

 

 

Regards

 

Andy:)

[Westie1]

Cheers Andy, Just one thing more, can I send an unsigned copy to natwest as I (along with others on this forum) am a bit unhappy about sending them a copy with my real signature on it?

[AndyOrch]

Cheers Andy, Just one thing more, can I send an unsigned copy to NatWest as I (along with others on this forum) am a bit unhappy about sending them a copy with my real signature on it?

Absolutly Westie

 

 

I wish you well with you case

 

 

Regards

 

Andy;)

[Westie1]

Thanks for your help Andy

[robcag]

Cheers Andy, Just one thing more, can I send an unsigned copy to NatWest as I (along with others on this forum) am a bit unhappy about sending them a copy with my real signature on it?

 

Hi Westie1

 

I'm not absolutely certain on this, but I don't think you are actually obliged to send NastyWest a copy of your AQ. I think it is done more out of courtesy than anything else.

 

Certainly in my case I did not not send HFC a copy of my AQ, conversely I did not receive a copy of theirs.

 

Cheers

Rob

[AndyOrch]

Hi Westie1

 

I'm not absolutely certain on this, but I don't think you are actually obliged to send NastyWest a copy of your AQ. I think it is done more out of courtesy than anything else.

 

Certainly in my case I did not not send HFC a copy of my AQ, conversely I did not receive a copy of theirs.

 

Cheers

Rob

 

 

Rob file and serve!

 

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?

 

I would insist on seeing a copy of my opponents AQ

 

 

Regards

 

Andy:cool: