NatWest and Shakespeare Putsman LLP

[JAC 77]

There have been previous threads on this which I have read - but if someone could give me guidance this would be much appreciated.

 

A couple I know have had a county court judgement registered against them for approx £9,000 for a loan and overdraft with Nat West.

 

Since the CCJS were registered in Aug/Sept one of them has since received papers from the court via Shakespeare Putsman Sols acting for Nat WEst, requesting that she attend court in respect of an Interim Charging Order over their property.

 

I know there is a legal loophole now that banks and credit card companies can obtain a charging order, even though the original debt was unsecured.

 

Their total debts amount to approximately £40,000 (this does not include their mortgage) with various unsecured creditors, and around May last year they went to Consumer Credit Counselling Service and set up a Debt Management PLan and Nat West were notified of this. They have continued to make the regular monthly payment in respect of this plan.

 

I have been told that she must attend court and should put her defence forward as to why Nat West should not be allowed to take a charging order over the property....is this correct and should she complete a special form when sending correspondence to the court?

 

If Nat West are successful in registering the charging order what are the chances of them then being successful in proceeding to order of sale?

Is it worth persuing Nat WEst and asking them for the details of the debt, interest and charges accrued and copy of Credit Agreement?

I am assuming as the Bank got as far as CCJ that they must have had to produce the credit agreement for the debt in the first place .....is this correct?

Clearly this couple are worried out of their minds, they have three young children, there is only one wage coming in and that wage doesn't cover their debts or living expenses - and I would like to be able to give them some guidance.

 

Hopefully someone can help me.

 

Thanks alot

[Spartan23]

I am a bit of a Newbee here and have trolled a lot of the posts with total gobsmacking revelations and jaw dropping explanations and advice to behold. My wife and I are in more or less the same situation above but are quite bemused by what is happening with Natwest and Shakespeare Putsman taking us to court for a charging order.

 

We have DMP with CCCS - and we have never missed a payment to any of our creditors. Natwest decided to take us to court in September 2008 and the judge ruled in my favour that I would pay what I said I could afford. (sorry to be really cagey with figures etc). We were instructed to pay on a set day each month or before but to Shakespeare Putsman. Fine we did this via CCCS and have all the dates to when the disbursements occured. Natwest then sent us several letters stating that we had sent nothing at all and SP said that they were not accepting the CCJ amount. This is when they put in the interim charging order in December. To make matters worse this is over three Natwest accounts my overdraft, a loan and a joint account which was also overdrawn. With the DMP I was paying the Natwest debt for all three collated to one sum. This was going ok and then they decided that they were going to add interest. My point is this - with the joint account it was assumed and rightly that they were receiving monies for this via my DMP. Then lo and behold my wife and I received two seperate final demands for payment on the joint account from Credit Management Services and said it was terminated due to non-payment. This was pish as i have the records from CCCS to acknowldege when they were paid. However, I called the telephone number on the letter over a period of three weeks and we had no answer for up to 45 mins where it just rang off. On other occasions it was engaged or the tone just dropped off. Then my wife received another letter from Allied International (UK) Credit ltd asking for a different amount. Can I just say that these amount would be the full amounts owed by both of us and should not be doubled over. What's more they are are adding interest on both of us for the same account - is this legal? Allied International were very understanding and knew something was up and referred it back to Natwest. Within a week I was issued with the charging order. As I have to pay SP as instructed by the CCJ it seems as if SP have been holding money back so that they could initiate the charging order.

 

I have written a defence off my own back but it pails into insignificance when I read all the others here. My only issue is when some are advised to cut and paste quite excellent defences or request for documents they don't actually understand the legal terminology used - I sure don't. This could make someone look quite inept and an easy picking for a junior solicitor / barrister in court.

 

So do I have to inform the court that I will be present or not for the hearing? It is miles away from me and would involve two trains. Unfortunately I do not have the money to refer it to my local court. Also I would have to take a day off work without pay which will be disastrous for me next month.

 

If anybody can advise I am all ears - however I will need to get to shut eye now and read on tomorrow.

[IdaInFife]

have a read of this thread

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173109-urgent-help-regarding-charging.html?highlight=charging+order

 

 

Idax