Just recieved Court summons dont know what to do?

[hornet2479]

Hi great site

 

I'm a bit stuck in 2005 i took out a loan of £15000 all was paid on time until mid 2007 when we had some complications with our mortgage.

 

So phoned up for help and was told only thing they could do was to consolidate the remainder of the loan and the overdraft of £1600. I would have to return the bank card and check book.

 

End of 2007 after them loosing our application for the consolidation a few times we took about £10000 which paid the remainder of the loan, the overdraft and left me with £250 in the bank.

 

As I did not expect to receive any more charges as all was settled, I took out the £250. When it was time to pay the loan i noticed charges on the account , So I phoned them to enquire and was told that this was due to the fact that i went over the overdraft limit before the consolidation was final.

 

To cut long story short I told them that I would not be putting the money in for the loan payment, as I would have to pay the charges aswell which I thought were unfair and they would charge me again for there charges taking me into unarraged borrowing.

 

They phone a few time and told them that if they removed the charges that i would start paying the loan again, but they just was not interested.

 

In Jan 2008 our house was flooded which through all our finances out the window. So I could not afford to pay it now.

 

I got a letter from shoesmiths saying they were taking me to court if no contact was made to settle the dept.

 

I have just received court summons and i don't know what to do. I know I owe the money but when I asked for help they were not interested.

 

I have posted letters that i have received.

 

Any help would be much appreciated.

 

P.S And all this was since i claimed back my charges

 

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[tendogs]

First thing to do is to acknowledge service on line using the password on the front of the pack you have received from Northampton. That will give you more time to sort out what you intend to do.

[hornet2479]

Thanks for the advise. i have just been online to acknowledge service and it is asking me whether i intend to

 

a: defend all of this claim

b: defend part of this claim

c: contest jurisdiction

 

Sorry but I just don't have a clue what I am doing

[tendogs]

You have to decide but if you think that your situation has been made worst because of unlawful charges on your account then defend

[tendogs]

You don't contest jurisdiction

[tendogs]

Do you have a schedule of the charges they imposed upon the account?

[hornet2479]

No don't have schedule of the charges The £853.34 is for the account after they had removed the overdraft, Which is made up of missed payments and charges.

 

Should i send a CPR request to shoesmiths, If so how much does it cost.

 

Thanks for the advise and time.

[tendogs]

You need to be able to identify the charges that you say were added to the account. For that you'll need statements (do you have them?) if you don't you'll need to get them from Nat West. You could send them a Data Subject Access Request and it'll cost you a tenner. Here's a template: -

1. Data Protection Act, Subject Access Request letter - List of charges - j

[hornet2479]

Thanks for all help, sent off my cpr request recorded on 4th.

 

Recieved this letter today off shoosmiths, should they be sending letters like this once they have started court action?

 

 

http://i704.photobucket.com/albums/ww50/hornet2479/12.jpg

 

 

Thanks

[DocH]

Hi hornet,

 

You should blank out the amount shown on the letter, it can help identify you.

 

They seem to be counting their chickens before they hatch don't they! Cheeky bergars.

[hornet2479]

I am so confused just received this from natwest today.

 

The amount on this is not even close to the one on jpg4 so does that mean they have canceled the £800 and odd or is this just the intrest to go on top of the already owed.

 

What i would like to know is can this be added to the amount they have already taken me to court for, Or does it mean they are going to take me to court again for the remaining amount.

 

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Edited March 7, 2009 by hornet2479
forgot to add letters

[hornet2479]

Right i sent off the cpr request on 4th march. I have just been sent a letter from shoosmiths saying:

 

We thank you for your letter dated 4th february 2009, the content of which has been noted.

 

We forwarded the request to Natwest plc who have advised us that a £10.00 fee is required to complete the same for the account information.

We ask that the same be sent to Natwest plc directly, as stated below.

 

We can confirm that the Bank cannot review your request until the same has been received.

 

Now what i cant understand is that I thought cpr request was free and they had to disclose the info.

 

On there letter they put dated 4th feb but it was dated 4th march.

 

Thanks

 

Tendogs Just looking for bank statements do have them somewhere but when I claimed my charges back, Natwest made me sign a form to say that all future charges are right and will have to be payed. Will this make any differance to my claim.

Edited March 9, 2009 by hornet2479

[hornet2479]

Should I send the cpr 18 request to natwest then with £10, or do they have to send me that info free.

 

What should I be doing about it now as I dont think they are going to send the cpr 18 info otherwise.

[DocH]

Right i sent off the cpr request on 4th march. I have just been sent a letter from shoosmiths saying:

 

We thank you for your letter dated 4th february 2009, the content of which has been noted.

 

We forwarded the request to Natwest plc who have advised us that a £10.00 fee is required to complete the same for the account information.

We ask that the same be sent to Natwest plc directly, as stated below.

 

We can confirm that the Bank cannot review your request until the same has been received.

 

Now what i cant understand is that I thought cpr request was free and they had to disclose the info.

 

On there letter they put dated 4th feb but it was dated 4th march.

 

Thanks

 

Tendogs Just looking for bank statements do have them somewhere but when I claimed my charges back, Natwest made me sign a form to say that all future charges are right and will have to be payed. Will this make any differance to my claim.

 

The CPR 18 request does not cost anything, it is part of the litigation procedure as Shoosmiths should be well aware of. You may want to take a look at the Practice Direction 18 which governs the requirements for a CPR 18 request.

 

To be honest I don't think Shoosmiths are going to play ball so it might be wise to send the SAR to RatsNest to get the information you need.

[hornet2479]

Do i also need cca info and DN leters from natwest aswell as my statements or does this all come into the SAR.

 

Should i be putting in a deffence on the claim yet, as they probably will not send CPR info and I will not recieve SAR info in time.

[DocH]

Do i also need cca info and DN leters from natwest aswell as my statements or does this all come into the SAR.

 

Should i be putting in a deffence on the claim yet, as they probably will not send CPR info and I will not recieve SAR info in time.

 

Those documents 'should' be supplied under your SAR.

 

The claim was issued on 27 Feb, providing you indicated on the Acknowledgement of Service that you were defending the claim in full, this will give you 33 days in which to file your defence. I make your filing date as the 31 March, but please ring the court to double check the date.

 

If the claimant fails to supply the required documents before you need to submit your defence, then you will be filing a holding/embarrassed defence, within which you will ask the courts permission to file a fully particularised defence when you have received the necessary documents.

[hornet2479]

Just a quick update sent off SAR on th March .

 

Received this letter today th march.

 

http://i704.photobucket.com/albums/ww50/hornet2479/16.jpg

 

What should i do for the signed authority for the request?

[tendogs]

I send copies of my pasport ID page, it will sufice and they can't copy it

[hornet2479]

Hi just a Quick update have still not received anything from natwest.

 

So need to file for a holding defence within the next few days, what sort of thing do i need to write in my defence.

 

THANKS

[hornet2479]

Right sent off passport copies to natwest and have recieved a letter of receipt today.

 

They put on there letter that we are allowed up to 40 days, from the date of receipt of the request and payment, to produce the information required.

 

Now What do i need to put in for my holding defence as I only have a few days left to submit it.

 

Shoosmiths ignored my CPR request and natwest are going to take 40 days to forward on SAR.

[hornet2479]

Hi really need help putting together a defence.

 

my previous post:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/186961-just-recieved-court-summons.html

 

Have now been sent my SAR info all there is is a bit of account info, bank statements and these:

 

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http://i704.photobucket.com/albums/ww50/hornet2479/22.jpg[url=http://i704.photobucket.com/albums/ww50/hornet2479/22.jpg][/url]

http://i704.photobucket.com/albums/ww50/hornet2479/23.jpg

 

Now on the credit agreement there are two different dates of signatures both dates don't look like mine or my wifes writing and my wifes signature doesn't look like hers.

 

Any help would be greatly appreciated

 

THANKS

Edited May 5, 2009 by hornet2479

[meshi]

I thought the signature document had to contain the prescribed terms and couldnt be on another page?

[steven4064]

They must be in the same document - what constitites a 'document' is a bit vague. Doc 20 has the prescribed terms and 21 the signature - a court may welll decide it is one document and therefore enforceable.

 

Did they send a default notice?

[hornet2479]

No I don't ever remember them sending a default notice.

 

But on doc's 22 and 23 it clearly states they did. I know for a fact that i didn't sign for anything and can't find any sort of notice and I always keep my letters together.

 

THANKS

[42man]

2 threads merged....hornet have a look at these

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/126111-cl-finance-ltd-recieved-4.html#post1350484

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/156156-help-mum-being-taken.html#post1665130

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/157973-welcome-fianance-court-case-4.html#post1704890

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/167353-help-court-claim-howard-2.html