Loopyloopy v Natwest

[AndyOrch]

Thats you me and NW.They can send all the junk they want,if it does not refer to their PoC and they cant produce an agreement with your signiture which reflects to the Summons amount then they are in for a rough ride.I wish they would just admit that they have no clue and save costs, stess, your time and mine.

This really is a fiasco.Im going to have a refresher on your thread loopy and will come up with some new tactics.Specific Disclosure is the route im thinking here.

 

Regards

 

Andy

[loopyloopy]

Thanks andy, This has been going on for so long now and the stress has really been taking its toll everytime I think they will just give up and crawl back into there hole they produce more rubbish to carry on fighting with...They have already admitted on more than one occasion to the court that they are unable to locate the original CCa so why is it not over?? There offers for settlement are reducing less and less now at £5,000!!!

[AndyOrch]

Its going to cost them more than that in Costs if you win:D

 

Andy

[loopyloopy]

Thats one good way of looking at it...... I just really want it to be over and to get on with our lives...Please can you let me know what you think is the best route to go down now when you get a chance. Thanks

[AndyOrch]

Loopy you refer to "Their offers of Settlement are reducing less and less" how are these being made Without Pred??

 

Regards

 

Andy

[loopyloopy]

The most recent for 5,000 was without prejuduce, The previous one I think for 12,000 or there about was a part 36 offer.

[AndyOrch]

Ok food for thought ,what was it £30k to £5K!!!! Loopy if you get chance have a read of this thread im also involved with.Let me know your thoughts.

 

Natwest taking me to court

 

Regards

 

Andy

[loopyloopy]

Thanks andy, for pointing me in the direction of the thread, I have had a quick flick through but will read in more detail tomorrow. Our threads are very similar.

 

I wish I was in a position to negotiate settlement offers with natwest but unfortuantly we are not.

The loan is in my husband name we only have one income which is mine as since he became redundant he is unable to find a job that covers childcare too (I earn more in a secure job so no point in me giving up work),

We also have another 16,000 of unsecured debt that we pay via payplan at a rate of £125 a month.

Our home is currently worth 100,000 aprox with a mortgage od 100k and secured loan of 15k...

 

So to be honest what can we really lose by taking them on until the end???

 

Do you agree??

[AndyOrch]

Im pretty confident that with the right payment package proposal IM will agree a settlement.I am right in thinking this is Multitrack and if they have have alreday dropped from the vast amount of the original claim I am confident they dont wish to proceed to trial,their offers screams of settlement.

Take time to read the other thread, partic from the the Part 36 offer and look at my reasonings,I smelt deperation in their offer and I also see it in yours.

 

Regards

 

Andy

 

Regards

 

Andy

[loopyloopy]

Thanks Andy, Im really not in a great postition for making an offer, The offer would have to be paid in instalements at a rate of below £40 a month, It would take me nearly 10 years to pay them the 5,000 they want..

[loopyloopy]

If my husband was to lose and incure huge costs with intrest as described in the previous thread, How would the courts/Natwest go about recovering monies owed?? The debt is solely in my husbands name the date they are claiming he took it out was 2 years prior to us getting married, 1 year prior to us living together. The mortgage is in joint names.. He has no income.

[AndyOrch]

I appreciate your comments Lisa and understand.

They simply would get what you (he) can afford a month subject to hubbys income be it a £5 or a £1 but we are not looking on losing so we proceed, Ill be back tomorrow after refreshing:)

 

Kindest Regards

 

Andy

[loopyloopy]

Thank you so much andy, you are my life saver at the moment I do not know what I would do without your advice and support...

 

I suppose the next thing for me to do is compile a witness statement... (Is that right)

[AndyOrch]

Lisa if you could post or refer me to the DJ last Orders/Directions and we can get up to speed tomorrow.

 

Andy

[loopyloopy]

Directions set at CMC Jan 2009

 

the claim is allocated to the fast track

they claim is stayed for three months for settlement and narrowing of the issues

the parties will inform the courts by 9th april if settled

There be an exchange of evidence by standard list by 4pm on 23rd april

any requests for inspection or document to be made by 4pm on 07 may

2009 with documents supplied by 4pm on 14 may 2009

there be simultaneous exchange of witness statements by 4pm on 11 June 2009

CMC not phone hearing 45 minutes 23rd June

 

Natwest failed to comply....

 

Directions set at CMC June 2009

 

The judge ordered the hearing to be adjourned until 22nd september. And all ordered that unless the claimant files and servis aa list of documents to which shall be attached copies of the items referred to therin not privileged from production by 4.00pm on 24th July 2009 the claim will be at that time on the date be struck out without further order the aforementioned adjourned hearing will be consequenty vacated...

[loopyloopy]

oops so many spelling mistakes there!!!

[AndyOrch]

Ok nice Orders and excellent Direction looks like hes had enough also:D

So in effect they have not complied apart from the dross they sent today.

Has IM submitted a WS yet?

[loopyloopy]

No I have had nothing apart from the offers and what was sent today.... There is not even a copy of a default notice in their evidence....

[AndyOrch]

Look through your previous Orders Lisa and find the date you and the Claimant are to exchange WS.

 

Andy

[loopyloopy]

It was supposed to have been the 11th June 2009, But since Nw did not provide a list of evidence until today I was unable to complete a witness statement.. I did write to the judge to ask him to order natwest to comply to the previous directions for their list of evidence and explained that I was unable to comply to the remainder of the directions unti this was done and he wrote back to say to mention it at the CMC in june which he then made the above order.

 

I hope this is making sense..

[AndyOrch]

So they have dragged their feet through out and with no regard to the DJ orders.They have made no disclosure list therefore they dont need to disclose what they intend relying on.I would advocate making application to strike out Lisa and put an end to this fiasco.Im sure the DJ would have great delight in approving it.

 

 

Andy

[loopyloopy]

Just found in the mountaains of paperwork they sent today a list of document standard disclosure form.

reads as follows,

 

I have n control of the documents numbered and listed here, I do not boject to you inspencing them producing copies,

 

1, Statements of cases common to both parties

2, True copy of laon agreement for account xxxx

3, loan details enquiry for acount xxxx

4, search from claimants systme showing loan details

5, screen prints from the claimants system shoeing details of search for agreement

6, balance enquiry for loan account xxx

7, screen prints of claimabnts system in respect fo previous accounts

8, screen prints from the claimants system showing dates notices of default and formal demands issued

9 screen prints from the claimants system in respect of correspondence with the claimants credit management services.

10 letter from the claimant to the defendant dated 28 feb 2002

11, letter from the cliamant to the defendant dated 01 march 2002

12, statements of account xxx

13, statements of account xxx

14, copy of ledger of account xxx

15, copy of ledger of account xxx

16, copy of ledger of account xxx

17, copy of ledger of account xxx

18, copy of ledger of account xxx

 

I have control of documents numbered and listed here but I object to you inspecting them.

 

1, correspondence between the claimant and their legal advisors.

 

I have had the documents numbered and listed below but they are no longer in my control,

 

1, Loan application

2, Original loan agreement

3, branch file

 

 

I suppose this all really changes things now.... They sent so much through that I cant beleive I missed this piece of paper...

[loopyloopy]

How can Natwest continue claiming for a loan that my husband had no idea he even took out, As previously mentioned he took his first loan out with natwest in aprox 1999, then increased it up until 2002 (someone previously mentioned it made it a multi part agreement, still not sure if I get the gist of what this means though) where there was a balance of aprox 4,000. This is even shown in natwests paperwork.....There is no paperwork relating to him taking a loan out in 2004 other than the statements that show funds where added to his account then two lots of funds where removed... I keep trying to run this through my mind how natwest have come up with this but I cant....

[loopyloopy]

Right im off to bed now for another unsetteled night of sleep worrying about this, Ive not had a decents night sleep in nearly 18 months due to this and the baby of course.

 

I REALLY need to win this..................... for my sanity....

 

Thanks in advance for all your continued support...

 

I just still cant get my head around why they are continuing for a loan my husband is not even aware he took out.. he only ever increased his previous loans... I dont know am ready to just give up, may feel differantly in the morning. Are there any other wives out there that seem to be tackling their OH's debts whilst they just blissfully think it will all work out?? Its driving me mad..

 

Thats enough of the mad women rant sorry folks!!!

Thanks guys.

[AndyOrch]

Just found in the mountaains of paperwork they sent today a list of document standard disclosure form.

reads as follows,

 

I have n control of the documents numbered and listed here, I do not boject to you inspencing them producing copies,

 

1, Statements of cases common to both parties

2, True copy of laon agreement for account xxxx

3, loan details enquiry for acount xxxx

4, search from claimants systme showing loan details

5, screen prints from the claimants system shoeing details of search for agreement

6, balance enquiry for loan account xxx

7, screen prints of claimabnts system in respect fo previous accounts

8, screen prints from the claimants system showing dates notices of default and formal demands issued

9 screen prints from the claimants system in respect of correspondence with the claimants credit management services.

10 letter from the claimant to the defendant dated 28 feb 2002

11, letter from the cliamant to the defendant dated 01 march 2002

12, statements of account xxx

13, statements of account xxx

14, copy of ledger of account xxx

15, copy of ledger of account xxx

16, copy of ledger of account xxx

17, copy of ledger of account xxx

18, copy of ledger of account xxx

 

I have control of documents numbered and listed here but I object to you inspecting them.

 

1, correspondence between the claimant and their legal advisors.

 

I have had the documents numbered and listed below but they are no longer in my control,

1, Loan application

2, Original loan agreement

3, branch file

 

 

I suppose this all really changes things now.... They sent so much through that I cant beleive I missed this piece of paper...

 

Priceless will make nice reading in your WS Lisa;)

 

 

bacK later

 

Regards

 

Andy

 

 

PS keep your chin up, we all know the wives are the multitaskers:cool: