Nat West taking me to court ! Need Help urgent !**DISCONTINUED**

[womble72]

Hi,

 

The only paperwork i recieved at my new address from the natwest was this a few weeks ago

 

http://i222.photobucket.com/albums/dd235/womble1988/img023.jpg

 

 

 

 

 

 

 

http://i222.photobucket.com/albums/dd235/womble1988/img025.jpg

 

 

 

 

 

 

 

http://i222.photobucket.com/albums/dd235/womble1988/img026.jpg

 

 

 

 

 

 

 

http://i222.photobucket.com/albums/dd235/womble1988/img027.jpg

[Goldlady]

Hmmm, I am not sure what to advise you here and hope one of the other guys will come along later. You would not hear from the court once you had submitted your AOS but if you look at the original claim form it says that if you acknowledge and say you will be filing a defence you then have 28 days in total from the date of service (3 days after the claim was issued) to submit a full defence.

 

What you should have done is written to the court within the 28 day deadline stating that Natwest had not complied fully with your CPR request and that you were unable to submit a proper defence until they do so.

 

I think you should apply for a set aside (which I think costs £70) on the basis that you had sent a CPR 18 request and a sar to the claimant and that you were waiting for them to respond fully before you could submit your defence. As a litigant in person you do stand a chance of getting a set aside due to not understanding the court procedure. You need to make it clear that you are not convinced that you owe the amount they have claimed and that you wish to have the opportunity to defend yourself.

[Goldlady]

They have not given you much to work with have they? You need far more information - did you confirm that you were sending them a sar? And what is the bit about loan insurance? That always rings alarm bells to me. It actually says loan insurance rebate ---- what does that mean? It also indicates that the loan balance was £7406 and not the 13k they have claimed. Perhaps you could send copies of what they have sent with your set aside application to show what pathetically useless information you have received so far.

[womble72]

Thanks Goldlady.

 

Do the courts send me new paperwork to fill in for a defence ?

 

I was stupid to think that when you fill in defend all the case online that they would send me paperwork of why i am defending it and also what local court i need to attend.

I feel sick with a worry of not sending a defence off but its not too late is it?

 

Womble:x

[Goldlady]

It will depend on the judge you get, but hopefully not too late. I am not sure whether you send the set aside application to Northampton or whether you file it at your local county court. The courts don't send you paperwork to complete for your defence; you just need to write one yourself.

 

I will have a look at which court you need to approach and see if I can get help with wording your application, unless anyone else can help here.

 

Don't worry too much. After all they can't get blood out of a stone. Even if you can't get a set aside you can approach the court to set payments using the fact that you have been paying them anyway. Not brilliant but won't really change things in your financial world. On the bright side if you do get it set aside, with the paperwork they have provided you might not have to pay them another penny.

 

Another thing which occurred to me when looking at their 'true copy' of the agreement - it showed the missed payments from 2006 onwards but does not seem to take into account the payments you have been making. Another fact for your set aside application.

 

Don't worry too much.

[womble72]

Hi,

 

I sent a letter to the natwest last week for my signature of the orginal agreement.

I have not ask them for a scar.

Can someone send me a template please.

I just cant belive i screwed up and should have been on the ball.

I have let my family and me down for being so stupid.

 

Womble

[Goldlady]

Stop blaming yourself for this, you have done a lot of work on this and it is a learning curve for all of us.

 

I will have a go at sorting out your set aside application. BRB

 

Do not despair.

[womble72]

Thank you very much

[womble72]

Hi Goldlady,

 

The first step for me is to speak to the court in the morning and ask them to set the judgement aside.

(1)I will tell them that i want to fully defend the case.

(2)I did not understand the court procedures properly.

(3)Natwest have not sent me the relevant paperwork.

(4)The figures i disagree with

(5)I am with DMP and should understand the financial difficulties i am under.

(6)I want to defend the case down where i live.

(7)I dont think the debt is enforcable as the natwest have not sent me my paperwork.

Do you think that would be enough to go on.

[Goldlady]

Application to set aside judgment.

In the matter of Nat West v Womble

Case No; xxx in the Northampton County Court

I am the defendant in this matter and I have today received a default judgment in the sum of £13xxx. I received the Claim Form on xx September and filed an Acknowledgement of Service on xxx. I am a litigant in person and not conversant with court procedure. I was aware that I needed to file a defence but did not do so because on xxx I sent a letter to the claimant under the Civil Procedure Rules, Part 18, requesting full information about the alleged debt. As I had not received a satisfactory reply to this request, I was under the impression that the claim would not continue until I had the information to complete my defence, however I neglected to notify the court of this problem.

The documents I received in response to this request, which are attached, did not clarify the amount claimed or what the alleged debt was made up of. I made this clear to the claimant, and was under the impression that I was to receive full information from them in the form of a data subject access request.

I therefore respectfully request that the judgement be set aside and the matter transferred to my local County Court at xxxx so that I can have the opportunity to defend myself fully.

 

 

An attempt at the wording. At the same time you need to confirm to the bank that your request for information was a SAR and if you look at Paul's post 35 that is the wording for a sar. The set aside application does need to go to Northampton and you will need to send one of these with it:

http://www.insolvencyhelpline.co.uk/downloads/pdf-files/n244_form.pdf

[womble72]

So i need to send a sar to natwest for tommorrow.

Print off the http://www.insolvencyhelpline.co.uk/.../n244_form.pdf fill it in

and send it off to northampton court for tommorrow.

 

Or do i still phone northampton court as well ?

 

Some of this is going over my head.

 

Thanks

 

Womble

 

 

[womble72]

Hi Goldlady,

 

Do i need to phone the court or just send the paperwork ?

Also the application order form do i tick part c and just add the letter you drafted for me.

[Goldlady]

Hi, I think I would phone the court and then you can find out about the cost of doing it - which I think is £70. I would either print what I have drafted into part c or tick the bit about attached witness statement and attach it instead.

 

If you were somewhere near me I would come to court with you, if not CAG does have a court buddy system which is on the site's home page near the top and you might be able to get someone to go with you. I have done it a couple of times and even just the moral support is a help.

 

Any more questions just ask.

[womble72]

Thanks goldlady.

R u anywhere near Surrey?

[Goldlady]

Nope - other end of the country....

 

Have a look on the site homepage - in small print there is a link to court buddy system.

[womble72]

Thanks Goldlady.

I had trouble sleeping last night and i am scared but i cant let my family down now.

I keep going over in my head that i should of had a defence and sent one off but it is a learning experiance for which i will never forget again.

I am on tender hooks for phoning the court this morning at 10am and its even worse that i have to make that call at work.I have great support at my work place and know i have made a big mistake with how i dealt with this claim i need to keep my chin up and keep smiling.

Thank god for this forum because alot of people would have no idea where to turn to and the cag is fantastic.

Thanks

Womble

[pt2537]

Thanks Goldlady.

I had trouble sleeping last night and i am scared but i cant let my family down now.

I keep going over in my head that i should of had a defence and sent one off but it is a learning experiance for which i will never forget again.

I am on tender hooks for phoning the court this morning at 10am and its even worse that i have to make that call at work.I have great support at my work place and know i have made a big mistake with how i dealt with this claim i need to keep my chin up and keep smiling.

Thank god for this forum because alot of people would have no idea where to turn to and the cag is fantastic.

Thanks

Womble

 

Womble,

 

Get that application to set aside in as soon as possible mate

 

it is an extremely urgent thing as there are strict time frames that we are dealing with here

 

I have only just skipped back over to your thread but goldlady is pushing you in the right direction, if you need anything , you know where i am

[womble72]

I phoned the court this morning and spoke to a lovely lady and she told me she will be emailing me the N244 form but you already have given me that to fill in.

The cost is £75.00 and she told me to phone the solicitors and inform them that i am filling in the n2244 form.So i did and not much of comment from them?

So i will send this off special delivery this afternoon and many thanks for all your help.

Many Thanks

Womble

[Goldlady]

OK - best of luck, and thanks for looking in Paul.

[lisaf]

Goldlady, I wonder if i can use the draft you gave womble for the set-aside as i'm in exactly the same boat?

 

Many thanks

Lisa x

[lisaf]

Sorry - forgot to add, good luck Womble i will be following with interest as the same happened to me last week and i couldn't find out much info on how to do the set-aside.

 

Lisa x

[womble72]

Thanks Lisaf.

 

Good luck with your claim.

 

Womble

[Goldlady]

Hi Lisa, of course you can use it - that's what CAG is all about. I won't say it is the best set aside application as I am no expert at this - but it has to be better than nothing.

 

Best of luck.

[phat256]

hi wonmble i could not post my answer to your question as your inbox is full of text !

[womble72]

Hi Phat256,

 

Try my inbox now !

 

Cheers

 

Womble