Jump to content


Northern Rock County Court Claim Form


Starbar
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4532 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi Guys,

 

I’ve received a County Court Claim Form from Wallers on behalf of Northern Rock.

Background

 

I have two unsecured load with Northern Rock the one that I have received the claim form for is for the lesser amount.

 

I have requested a CCA for both of them, the one attached Here IMG%5D is the one that relates to this loan and they are signed by me.

Please note I’m not trying to avoid paying, I’m just not in the position to pay.

 

The claim form relates to an unsecured load of less than £4K with Northern Rock back in March 2007 they agreed to a reduced monthly fee of £10 which went on until I had a review with the CCCS last Sept 08 and they said I need to reduce my outgoings and offer all my creditors a token payment of £1.

 

Most of them have refused this token payment and chasing for more and Northern Rock are one of them that are been the most aggressive apart from the Halifax.

 

 

Should I be concerned about the dates on the claim form it was issued on 22.1.09 but I did not receive it until 5th February, it was only posted on the 4th as per the date stamp on the envelope.

 

I have received what looks like a photocopies of N1 Claim form and a response pack again photocopies containing, Admission Form N9A, Defence and Counterclaim Form N9B and Acknowledgement of Service.

 

I would be grateful for some help on my next step and completing the Claim Form please.

 

 

County Court Claim Form

 

Particulars of claim page 1

Particulars of claim page 2

Link to post
Share on other sites

  • Replies 66
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi Starbar,

 

I am no legal expert and can only give you some basic knowledge.

 

Welcome to the cag site and someone on here will give you plenty of advice.

 

To start with they issue the claim on the 22nd Jan and you did not recieve it until the 5th posted on the 4th .

 

Was this form sent from the court or wallis ?

 

Standard procedure of when you recieve your form from the courts you have to reply within 14 days.

 

Now it looks like you only have until wednesday 11th to reply to the courts. (someone could correct me if i am wrong)

 

Your debt for the loan is enforcable but i did notice you have ticked the box for loan protection. Did you know you have ticked this box because this is a ppi and alot of people have claimed money back through mis selling.

 

Are you a home owner.

 

Are you with a debt management company.

 

Also anybody else can give starbar advice regading the dates for filling the form in because it seems to be a stich up from either Wallis or the courts.

 

Kind Regards

 

Womble

Link to post
Share on other sites

 

Was this form sent from the court or wallis ? Not Sure who sent it as its post marked Gateshead

 

Standard procedure of when you recieve your form from the courts you have to reply within 14 days. It does state 14 days, the date of service is taken as the second business day after posting (see post mark) which is the 4th Feb

Now it looks like you only have until wednesday 11th to reply to the courts. (someone could correct me if i am wrong) I took it as the 20th Feb?

 

 

Are you a home owner.YES

 

Are you with a debt management company. Only receiving advise from CCCS

 

 

Thanks Womble

Link to post
Share on other sites

Hi Starbar

 

As Womble says welcome to CAG have you received a default notice & termination letter from Northern Rock?

 

Hi Von Greenbach

 

Yes I did receive a default notice but I havent received a termination letter.

Link to post
Share on other sites

Hi Von Greenbach

 

Yes I did receive a default notice but I havent received a termination letter.

 

Can you post up the default notice, this could be the key to your defence.

 

As for trmination seeing as they've now issued a N1 claim, your agreement is now terminated, providing there claiming the whole amount.

Link to post
Share on other sites

As womble has said , make sure you complete the Acknowledgment of Service in good time. Do NOT complete the N9A.

 

Maybe worth a quick call to the court to establish the dates - better safe than sorry.

 

You'll then need to send Wallers a CPR 31 request to flush out what documents they'll be using in court.

Amend to suit and Send this unsigned and by Recorded Delivery.

 

Your Address

Your Town

Your County

Your Postcode

Date

Dear Sir,

 

Re:

In the XXXXXXXXXXX County Court

Claimant XXXXXXX -v- Defendant – Your Name

Claim Number: xxxxxxxx

 

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the Northampton County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

Yours faithfully,

Your Name

And please post up the Default Notice if it is to hand.

 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

As womble has said , make sure you complete the Acknowledgment of Service in good time. Do NOT complete the N9A.

 

 

Maybe worth a quick call to the court to establish the dates - better safe than sorry.

 

 

Why shouldnt I complete the N9A, I owe them the money?

 

Just checked with them and its 14 days from day of receipt i.e. 5th Feb

Link to post
Share on other sites

Hi Starbar,

 

Now if you admit the whole of the claim the court in Gateshead will decide in favour of the claimant -Nr. Case won !

You will then have to pay them the full amount and for which you cant pay.

 

To defend it from the start you will be in control of where the case can be moved to i.e-your local county court and you then can go through all the avenues of what you owe and if the Nr have done the proper procedure.

 

Also the ratwest will be going gun blazes for a charging order against your property and you need to be in court to defend it.

 

please read my thread

 

Womble 72/Northern Rock 29k Debt - Court looming **WON*****.

 

You can fight it. Ok the agreement is enforcable but you need to be in your local court thrashing out payment offers of what you can afford and also stop them with a charging order against your property.

 

So defend all of the case and von has said the default notice is iffy but my knowledge on default notices are sparse.

 

There are many caggers on here who will guide you and i will be one of them. Just read my thread and i was exactly the same why should i defend "i do owe them the money" but you need to be in control of the situation.

 

Kind Regards

 

Womble

  • Haha 1
Link to post
Share on other sites

Hi Starbar,

 

Fill in the aos form with DEFEND all of the claim and send recorded.

 

We need to then wait to see what Nr send to you.

 

Now the more experianced caggers can check your default notice.

 

Did you know that you agreed to the protected insurance on the loan ?

 

Have you any other debts (apart from NR)

Link to post
Share on other sites

Interesting.....their POC says the DN was served on 25th NOV!

 

Its a duff anyway...doesn't give a date to remedy

 

The acknowledgment of service is the key issue here...you have 19 days from the date on the court claim, if you miss it they will get default judgement.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

Link to post
Share on other sites

starbar, i'm in excatly the same boat you are in.

i followed wombles thread and emailed the CEO unfortunatly they didnt get rid of the court action.

 

we had a case management meeting and a list of orders were set, these were made from a list of recomendations from NR solicitors, so i followed them made sure my witness statement was in on time!!

didnt receive theirs it ended up being 14days late, the allocation questionairre was sent in late by them and the court gave them 14days or the case would be thrown out.

now i have wrote to the court and complained that they have an unfair advantage as they wrote their witness statement around the content of mine, and if it had been the other way around they would have jumped on me from a great height.

the judge replied by saying i could apply for an order 'debarring them from relying on witness evidence'

but i posted a question on here about it and got no reply.

make sure you watch them they are very underhanded

Link to post
Share on other sites

Hi Starbar,

 

 

Not sure who sent me the forms

 

Your debt for the loan is enforcable but i did notice you have ticked the box for loan protection. Did you know you have ticked this box because this is a ppi and alot of people have claimed money back through mis selling. Yes I know I have ticked the box

 

Are you a home owner. YES

 

Are you with a debt management company. Only getting the Expenditure forms and advice from the CCCS dealing with my creditors myself.

 

 

 

Been working away sending the AOS tomorrow Now Sent

Edited by Starbar
Link to post
Share on other sites

Hi Guys

 

I need your help again

 

I received a reply from Wallers on Saturday

 

In accordance with your request, we enclose copies of the following

1 Loan agreement

2 Terms and conditions pertaining to the loan agreement

3 History of payments

4 Reconstituted copies of the Default Notice and Formal Demand

 

In compliance with the Acknowledgement of Service, no further action will be taken by the claimant until Friday 6th March 2009”

 

The loan agreement is the same as posted before and the payment history is correct

 

They didnt send me these T&C or any with the CCA I requested

 

T&C

 

Default Notice Page 1

Default Notice Page 2

 

Formal Demand

 

I have no record of receiving the Default Notice and Formal Demand, but I'm sure that doesn't matter.

 

Please can someone look at the above for me.

 

Also what does it mean "In compliance with the Acknowledgement of Service, no further action will be taken by the claimant until Friday 6th March 2009"?

 

Many thanks

 

Link to post
Share on other sites

Hi Starbar,

 

My knowledge on default letters is rubbish but hold in there and see if anybody else can help.

 

We need to make sure you get your defence in by the first week of March.

 

Have you read Von Greenbach thread. The judge was a ahole so these are the pitfalls if you dont defend the case from the start.

 

They could be a good defence we can use from another member who needed one by last Friday.

 

Dont panic and see if anybody can give you advice from what Wallers have sent you. I think that they have not even defaulted you to start withso thats a good thing.

Link to post
Share on other sites

This was taken from another member called surfacea,gentx20's.

 

DEFENCE

 

1 The Defendant admits entering into an agreement with Northern Rock Bank Limited and which was regulated by The Consumer Credit Act 1974 (The Act). No admissions are made as to the terms, conditions or other provisions of the agreement and the extent to which Northern Rock Bank Limited may have complied therewith and the extent to which the Defendant may not have complied therewith. Further and alternatively, it is denied that the agreement was properly executed and/or is now enforceable in whole or in part.

 

2 It is denied that the Claimant served upon the Defendant a default notice or any default notice pursuant to section 87(1) of The Act and which was in prescribed form and compliant with the provisions of section 88 of the Act.

 

3 Without prejudice to the generality of the Defendant’s contentions set out at paragraph 1, the Defendant avers Northern Rock Bank Limited terminated the agreement and pursuant to termination that the Claimant has since made demand of the Defendant for the payment of money the subject of this claim.

 

4 Incorporated within the sum demanded by the Claimant are sums claimed for administration fees, late payment charges and like provisions. It is denied (if it be alleged) that Northern Rock Bank Limited has incurred any such fees and charges, alternatively that such fees and charges if incurred accurately represent sums lost by Northern Rock Bank Limited by reason of any breach on the part of the Defendant. Alternatively, the Defendant avers the incorporation of such claims is penal and unenforceable at law.

 

5 Further and in any event, by reason of the matters set out at paragraph 2 of this Defence and the requirements of section 87(1) of the Act, the steps taken by Northern Rock Bank Limited and identified at paragraph 3 hereof were steps which neither were entitled to take.

 

6 In the circumstances the Claimant has no entitlement to claim any of the relief now sought by its claim.

 

7 The Claimant’s claim to be entitled to £xxx.xx, to interest or to any other sum is denied.

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

Signed:

Dated:

 

 

This part is from Von Greenbach.

 

 

Northern Rock may well be after a charging order

 

Get your partner to send an objection letter when you file your defense

 

"I would be grateful if this letter could be placed before the Judge at the hearing on xxxxx 2009.

 

I object to a charging order being placed in that I have a beneficial interest in that I jointly own this property.

 

When the house was purchased I solely paid the deposit and I am maintaining the mortgage payments. In the present economic climate and due to the fact there are a number of secured creditors we at the present time have negative equity.

 

Yours sincerely"

 

 

Now that would be your defence and the covering letter regarding the charging order.

 

Let me double check with another member to see if this is ok.

Link to post
Share on other sites

Thanks womble

 

when do I file my defence? I have not heard anything from the court

 

Hi Stabar,

 

You won't be prompted by the court to submit your defence. I would suggest you give the court a ring and ask them what date your defence needs to be submitted by.

A couple of hundred years ago Meyer Amshel, (1743-1812), founder of the Rothschild dynasty is reported to have told his five sons, “Let me control a nation’s money and I care not who writes its laws”.

 

PLEASE NOTE - I am not a legal expert, what I have written is my own opinion garnered from reading this forum and consumer legislation, and my own experience of the judicial process.

 

If I have been helpful, please feel free to tickle my scales!!

Link to post
Share on other sites

Unless the figures are incorrect, i think the agreement is enforceable, therefore the only point you can defend on is the dodgy DN.

 

Anyone else have thoughts on this?

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...