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urgent help required for a friend with £46k court case


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hi there...i am hoping to get some help fot a friend who is in serious trouble.

 

She has today recieved dome court papers for a claim for 46k. I have not got the details of the poc but can get it and post up later.

 

here is the situation. she has 3 accounts with natwest bank. A current account which had a balance of less than £1000 but hey are claiming for nearly £1500 due ti charge and interest. A current account with an £18000 overdraft which has escalated to £24000 over the last 12 months and a loan account for £18k again with interest added.

 

She spoke to them about 12 months ago and they were suposed to freeze interest and payments. She offered £500 in writing and over the phone last month which they wouldnt accept. The said they wanyed £800 over the phone which they coulnt pay. They have rang and written on several occasions to try and sort it out. She not sure if she has had defalut notices etc but thinks she had an lba.

 

Not sure what to so. Should she contest all of it or dispute some of it for the charges and interest,

 

They offered a f&F of £24k a while ago. She thinks she may be able to borrow about 10k from a family member...is it worth offering this or worth writing offering £500 pm and get them to stop court action????

 

Also account was in joint names with husband but they only taking her to court not him.....is there a reason for this.

 

She is extremely upset and very worried and i would love to be able to offer some advice. Everyone has been really helpful to me.

 

Thanks

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Hi Zara....can you tell us what the POC's are ? (Particulars OF The Claim) ? don't be too specific with the exact numbers though....the first move would be a CPR request 31.14 possibly or if the claim is very vague then possibly a CPR18...can you tell us please the POC's...

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Hi Zara

 

Would be delighted to assist you in this matter

 

Regards

 

Andy

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hi andy...sorry not been able to get on and had to wait for the information off my friend which is quite a lot.

 

Right she has filed the ackmowledgement of service to defend the claim as it had to be in for tomorrow.

 

The claim is from Birmingham county court and is for £43,164.29 with £360 added for court fees and £100 for sols costs.

 

Brief details of claim:Repayment of monies due in respect of the defendants accounts with the claimant ( Natwest).

 

The defendent is my friend and it is addressed to Miss despite the fact that her account is joint and she is a Mrs and has been for a very long time. Her husband is not mentioned in the claim at all but he is the one that has been corresponding with them.

 

Particulars of claim:

1. The claimamt claims against the defendant repayment of the defendant's account numbers xxxxxxxx and xxxxxxxx and xxxxxxxx together with charges.

 

2. The accounts are regulated accounts under the consumer credit act 1974.

 

3. The claimant has served on the defendant notice under the consumer credit act 1974.

 

4. The claimant now claims repayment of the amount owing in respect of the accounts.

 

Particulars

 

To principal sum in respect of account numbers:

 

xxxxxxxx £21,422.10 at 9th feb 09

xxxxxxxx20,156.80 at 9th feb 09

xxxxxxxx £1585.39 at 9th feb 09

 

AND THE CLAIMANT CLAIMS

 

1. The sum of £43,164.29

 

Dated 12th March 2009.

 

Right thats how it appears on the claim form.

 

i am going to do another post with some more details on so as not to confuse with the POC

 

thanks

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Right here is what has happened as far as I can gather.

My friend and her husband have suffered sever financial difficulties since last may time i think.

 

On the 30th Nov they wrote reagrding the first account listed above to say they could now continue to make the monhtly payments....however i dont think they started too as they had no correspondence back from nat west.

 

On 1st dec they wrote regading the 2nd account which at the time had a balance of £18185.42 to say they had paid in £1065. They also stated that this was an overdraft originally for £14500 but due to excessive charges had grown to the amount stated. They also said that in apr last year they were told the account was to be passed to London ( a colections dept i think) and that all charges nad interest would be frozen but that this had never happened and consequently there were thousands of punds worth of charges. They finished by offering a payment of £200 pm towards the debt until their house had sold ( which still hasnt) or until they were more financially stable. This letter has not been acknowledged either by natwest.

 

On 1st dec they also wrote regarding the 3rd and finlal account which had a balance of £775.29 to say they had paid in £606 and would they consider refunding charges on the account which would then have cleared the account. Again no acknowledgement.

 

On 12th jan they wrote again putting in copies of the above letters saying they had heard nothing from natwest and could they please contact them so that they could start making arrangements to pay and sort the situation out.

 

On the 20th jan they had a letter form natwest stating the balance on the account and asking them to call them to arrange repayment or legal action will commence. They phoned and explained about the letters that had been sent and were offered a settlement figure of £28,615.35 to clear all 3 accounts but no arrangement was put in place.

 

on 25th feb they recieve a letter from shakespeare putman asking them to come to an arrangement to pay or legal proceedins will be issued.

 

on 27th feb they wrote a letter to natwest again explaining all that had happened and the letters that had been written and offered £500 pm and said they may be able to make a lump sum settlement later in the year.

 

On 13th march they received a letter from sols again which said that legal proceedings had already been commenced and that they 'encourage you to respond by way of the reponse pack served upon you'. 'Upon receipt of these documents we shall liase with our client for thier instructions.'

 

Thatn was the last correspondence in relation to this and as siad before she has filed acknowledgement of service to defend all the claim.

 

She told me yesterday that a payment may have been made into the 3rd account for £4000 which in effect would put this account £2500 into credit. She has however asked the company who has paid it in to recall it so not sure where we stand on that at the moment.

 

They may be in a position to offer a lump sum in a few months but it would be about £10-£15k probably.

 

I really appreciate any help you can give...they are in a right pickle and she is a fightened lady at the minute although is trying to be strong.

 

Zara

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Forgot to say...the first letter from the sols....stated that 'unless payment to clear your indebtedness, or satisfactory proposals for full repayment are agreed on or before 10.30 on 11th march, proceedings will be commenced for the recovery without further notice to you.'

 

they def had the letter dated 27th feb as they havd acknowledged it in their latest letter of 13th march. court proceedings were not issued unitl 21 march 09 according to the papers. SO it seems they have just totally disregarded their correspondence.

 

Also worth mentioning that letters were NOT sent recorded delivery.

 

thanks again

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I should also mention the first account is a loan account which was taken out in march 07 originally for £25000. The 2nd is an overdraft as is the third i think.

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Hi Zara

 

Thanks for the above information.Firstly as 42man states is to send off a CPR request(18 or 31.14) recorded delivery and print name on everything from here on.Its essential your friend retains all correspondence you mention in your posts (pity not recorded) however they will come in usefull.

I understand account 1 is a loan 2&3 current accounts?

Has your friend recieved any Default Notes for loan account or Termination notices for the current accounts?

Does she retain any of the original statements pertaining to said accounts?

 

Regards

 

Andy

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hi andy....

 

Will do cpr request for her ......she keeps all correspondence and has all statements relating to all 3 accounts. What do you suggest ? not sure if she has default notices ot termination notices but if she had them she keeps them so will ask her to look. I think she has until the 11th april to file a defence.....will post up any info i can get from her.

 

thanks

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Sols prob Irwin Mitchell If you can confirm.

Ok if she has all the statements she needs to start verifying the amount of penalty charges these will be applied to the Current Accounts not the loan account

 

Regards

 

Andy;)

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ok thanks look at that tomorrow as i have asked her to bring it round. Dont think thats the sols...think its the one i mentioned above...shakespear Putman.

 

Will try and post back tomorrow....thanks andy

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Hi andy

 

Sorry I have been really busy and my friend just dropped her stuff off this morning. The court papers were issued on 21st March and so a defence needs to be done by the 18th April. But I am away from wed 15th so I could really use some help as to what to write to a defence so I can do it for her before then.

 

She has found the default notices for all 3 accounts. They have all been issued on the 27th November 2008.

 

The first for the loan. States the arrears and gives them until 18th dec to pay. If they do not pay the arrears the bank intends to 1) require immediate payment on the total amount outstanding if necessary by court action. The default amount is £21042.19 plus £483.73 interest. It also says interest will continue to accrue and the total amount outstanding will increase if payment is not made by the date shown above.

 

The second for the overdraft says 'Your overdraft is repayable ondemand beinf made by the bank: and as such demand will terminate the overdraft agreement. The bank intends to demand payment of the total amount oustanding as set out below(if necessary by court action) and accordingly terminate the overdraft arrangement on or after 18/12/08 unless by that date you haqve made an arrangement for repayment which is acceptable to the bank. Principle £18185.42**

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sorry pressed wrong button

 

to continue it says

 

Principle £18185.42**

Int to date £394.97*

total £18580.39

 

** Principle incldes £30 charge for this notice

* interest will continue to be applied etc......

 

As for charges on this account....where do i start.

They had an arranged overdraft of £14500. It looks as though they have been charged £28 every month but this could be an account fee. Statements go back to Aprl 07 and this charge is every month. Since that date they have been charged £660 in referral fees and £1094 in unpaid items and £3528 approx in interest.

 

The last account had a default notice the same as above but he sum was for:

Principle £759.77**

int £15.52*

total £775.29

 

Charges are about £100 but she has no statements from Apr 08 and cannot understand why its got to the amount it has.

 

No bank statements have been sent to them since December.

 

They have a letter from credit managment at nat west asking them to contact them to try and resolve dated 1 jan 09. It says to write to them with your proposals and include the first payment with the letter. They did write on several occasions ( see above ) but had no reply from nat west.

 

Nat west are also being awkward on the phone and are refusing to tell them if money has been paid into the account. They were expecting a redundancy payment of about £3000 into the small account but no one will tell them if it is there or not.

 

Please can you get back asap with any advice on what to write for a defence so I can do it by tues. A CPR letter went off on 3rd April gicing them 7 days. I have also sent an SAR request off for them to get all the info on charges etc.

 

thanks very much

 

Zara

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Hi Zara,

 

Had banked with NatWest for 20 odd years, never had any financial problems until credit crunch. Welfare right advise was writing to Natwest from Oct '08 til Feb'09 and there was no response whatsoever. I called Natwest went into local branch and still no response. We received a letter from Credit Management, not even acknowleding the numerous letters or telephone calls.

Natwest advisertising as "Helpful Banking" I presume they mean helping themselves. They defaulted one of the accounts but I never received default notice! They pushed over to Triton, did finally agree a settlement figure, but it was hard work. In my opinion, you probably should deal with the Sols as natwest seem to ignore everybodies letters. Sorry I can't give any advise for your friends situation, but your at the right place, and you will get good adivse and support from some great people on the site.

 

Good luck:)

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hi there.... I need to write a defence for my friend can anyone help. It need to be done tomorrow as i am going away and will miss her deadline. No response to CPr as of yet and have only just sent off sar so dont have all info on charges etc. thanks

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Hi there,

 

Due to the Bank Hols the post may a bit slow.

 

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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

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If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Hin all this is what i used for my friends defence. I hope it is ok. I had to cobble it together myself from the above references and hope it will suffice for now.

 

1. I xxxxxx of xxxxxx am the Defendant in this action and make the following statement as my defence to the claim made by National Westminster Bank PLC.

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

3. The claimants' particulars of claims do not appear to disclose any legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreements referred to, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant's claim.

 

b) A copy of any evidence of both the scope and nature of any defaults, and proof of any amounts outstanding on the alleged accounts, has not been served attached to the claim form.

 

c) No copies of statements relating to the bank accounts have been included with the claim form and no particulars have been offered supporting the claimants claims of my indebtedness to them.

 

4. Further to the case, on 3rd April 2009, I requested the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimant. The information requested amounted to copies of the Credit Agreements referred to in the particulars of claim and any default or termination notices. Furthermore, a Subject Access Request was sent on the 9th April 2009 requesting full statements of all the accounts, a transcript of all transactions, including charges, fees, interest, alleged repayments made by myself.

 

5. The claimant has failed to comply with my request for disclosure entirely and it is suggested that such failure highlights that there is no case for me to answer.

 

6. I ask the court consider striking out the claimants’ case as it fails to comply with part 16 and practice direction 16 insofar that no documents have been supplied and fails to show any consideration to the overriding objective to allow the court to deal with this case justly

 

7. Alternatively, if the court is not in agreement with points 5 and 6, I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined in point 4 above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defence and counterclaim and will seek the court’s permission to amend my statement of case accordingly.

 

Statement of Truth

 

 

Thansk for your help so far everyone

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Hi Zara

 

Sorry for not being around to assist with your Defence I have only just returned from holiday.

Ok 3 b and 3 c dosent apply if this is a CCBC ( Northampton claim) otherwise its ok.Just make sure you check the claimants PoC and refute any stat interest to be applied if any.

 

Regards

 

Andy;)

We could do with some help from you.

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hi andy....just got back myself. Hope you had a noce time.The claim is not through northampton so I guess its ok. I didnt do the stat interest i wouldnt have known to do it unless told. Hope it doesnt make too much difference. Will wait to see what happens next. thanks and regards

Zara

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  • 2 weeks later...

hi there....

 

Just to update on this case. My friend dropped the AQ off last night and needs to be back to court by the 11 May. The sols received the cpr letter on 7/4/09 asking for copy of agreement, default letters and termination letetrs. SAR was sent to natwest but they have asked for signatures. Think we should have asked the solicitors for the info....can anyone advise on that. Is it worth doing another letter to sols asking for the info.

 

Not sure what to put on the AQ if anyone can point me in the right direction. I think I need to be asking the judge to get natwest to produce docs and info on how they calculated amounts etc.....and then saying defence will be ammended acccordingly once they have produced everything.

 

Any help would be greatly appreciated

 

thanks

zara

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