NatWest taking me to court

[Westie1]

Thanks Rob and Andy, I think I will send them a copy, even though they haven't done anything I asked of them. Still, it looks better for me if I have tried to do all I can. Glad I don't have to send them a signed copy though. Here's keeping my fingers crossed they don't send their AQ in.

Westie

[robcag]

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.

 

 

Hi Andy and Westie

 

Not wishing to start a protracted argument or take the thread OT , just trying to help Westie.

 

It might be worth reading my similar post regarding serving a copy of the AQ on the enemy (post #36) and the reply from Paul (pt2537) (post #37) here: http://www.consumeractiongroup.co.uk/forum/legal-issues/135718-zhanzhibar-hfc-weightman-court-2.html?highlight=neccessary#post1553499

 

Cheers

Rob

[AndyOrch]

Hi Rob

 

No problem thats what this site is all about exchange of ideas and so fourth.The only reason i say to exchange is that on previous cases involved with if said AQ had not been exchanged I would have missed some very important points like witness statements etc which you are fully entitled to see and upon no seeing them would have lost the case.

The Claimants had a responsibility to serve on you a copy of their application and any supporting documents. Given that they have not had the courtesy to do this, because they are trying to gain an unfair advantage in the case, you are entitled to a copy from the Court. Any documents filed at the Court should also be served on the other parties in the case. The Court staff clearly do not understand the concept of "filing and serving" and are acting in a way that is prejudicial to your case. Given that the Claimants have made an application, you are entitled to see it, so that you can decide if you want to submit one also, then the Judge can consider both applications and make an "informed" decision.

 

If they continue to refuse you a copy, all they are doing is creating additional work for themselves and the Judge! Lets assume the Judge decides they can have a Summary Hearing. This will be communicated to you via an Order sent in the post. The Order gives either party (usually) 7 days to apply to vary/object to the Order. So you would then file your app notice, explaining in your letter that you were denied the opportunity to also file an app notice at more or less the same time as the Claimants, as they conveniently did not send you a copy. Furthermore, the situation was compounded by unhelpful Court staff, who on two occasions refused to provide you with a copy of said application! How on earth can either the behaviour of the Claimant or Court staff be said to be working in conjunction with the Overriding Objective as the CPR requires? Both the Claimant and Court staff are frustrating the legal process, one deliberately, one probably out of ignorance, but nevertheless this impacts upon your case!

 

You can report this to the Civil Section Court Manager,If he/she acts unreasonably, take the details to make a formal complaint, as this is unacceptable. The bottom line is, it's not your fault that the Claimants did not serve the app notice on you and the 1st you knew about it was in the AQ!! You should not be at a disadvantage because of the Claimants dubious practices! hence the need file & serve.

 

 

Hope that makes sence.

 

Regards

 

Andy

[Westie1]

Hi Paul, I have today received notification that the NatWest have changed solicitors in my case, and they have sent me a copy of their N150, which is copied below. Could you take a look at it for me, I still don't think they have answered my original questions, and I still haven't received anything I have requested, like the CCA or the CPR stuff. Do I need to send these new solicitors a copy of my N150? (I don't suppose the last lot will forward the one I sent them). Will they be able to add their costs to the balance or am I expected to pay if they win? or am I exempt as I am on benefit?

Thanks

westie

Edited September 8, 2008 by Westie1
removed personal info

[tendogs]

Subbing

[Westie1]

Hi again,

I've now got a Notice of Hearing of Application, at my local court. It says it is to hear my application to have the case struck out, as per my earlier application. What do I need to take with me, as I have never actually submitted any sort of defence to this since they have not sent me any of the documents I asked for. If you look at their AQ above, they have 'clarified' the details by just quoting the account numbers and the balances when they issued the court claim. Is this enough for me to be able to defend, as what I really wanted to know was how the balance was calculated, and what the charges were. What documents do they have to supply when they come to court, and should they supply me with a copy of them first? Thanks

Westie

Edited September 8, 2008 by Westie1

[slick132]

Hi Westie,

 

Had a quick look back on your thread.

 

Pt has given you all you need to go into court asking for their claim to be Struck Out.

 

I don't know if you should have written to Cobbetts, the new sol'rs, confirming what info is still outstanding. But it's really up to them and NatWest to have got their act together in time.

 

Make sure you have all your papers neatly prepared and in order so you can quickly refer to anything if nec'y.

 

The only thing I'm unsure of is what relevance the CCA request has, because these are current bank a/c's.

Edited September 7, 2008 by slick132
read back through thread to reply better

[texanbar]

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