Shakespeare Putsman issued Court Claim Form

[akania]

Ok think I need a bit of help here. This is going to be a lengthy one but ill try to condense as much as i can.

 

My daughter had a agreement with National Westminster Bank to pay £1.00 per month for her loan , credit card and overdraft. All have been up to date untill 1st of May on the loan and overdraft and when I called on the 1st of June I was informed by them that they will not accept the money anymore and a letter is in the the post. I didnt recived anything at all and called on 2 subequent occasions stating this and my concern about the missed payments. I then called again on 1st of July and was told that the accounts has been passed to Shakespear Putsman as no payment was recived ??? I explained what had happened and offered to pay them there and then and they again refused and said I had to deal with the debt collector.

 

I then called Shakespear and they said i needed a letter of authority to speak on the account which i sent.

 

This morning I my daughter recived a claim form from Shakespear Putsman saying they are taking her to court for the two accounts issues by Birmingham Crown Court, this all within 3 weeks of speaking to them.

 

My daughter is under the doctor for depression, we have letters for the creditiors. She has 5 part time jobs just to make ends meet.

 

All of the debt incurred was under duress whilst she was with a very violent man that eventually was given a 2 year suspended prison sentance for trying to strangle her, we can obtain police records if need be. PLUS this actual loan was taken out whilst he was with her at the bank as he at the time demanded a new car and threatened her if she didnt get the money.

 

Please help, im completely out of my depth here.

 

I have 14 days to submit the claim, the post make is 24th July 2009.

[postggj]

Strange, Shakespeare Putman are sols not DCA. Did you get any assignment notice?

I think a CPR request to the sols is in order

[akania]

No I didnt get anything, no letters from natwest, only one from Shakespear, it was with Triton which is natwests inhouse dca, i was dealing with them, sorry left that out.

 

Just been on the phone to the police to try and get the information in the cases and judgements (5 in all over a one year period) but they said i have to go through a solicitor?

 

Dont know what to do and i only have 14 days !!! And sorry whats a CPR request?

[postggj]

if short on replies, i'll help out when i get home tomorrow:)

[akania]

Thanks Post. Havent got a clue about this and dont want to make matters worse.

[akania]

Any ideas from anyone else before i hit the scotch???

[akania]

Bump

[car2403]

Firstly, I think you need to chill out a little.

 

It is quite disturbing to receive one of these claims, I know, (I've been there, done that) but honestly, approaching it with a relaxed viewpoint will make things much clearer to you.

 

There are some links in my signature that will help you out - particularly the intro to consumer credit litigation, which applies to your case here.

 

Now you're all relaxed...

 

Can you grab the papers from the Court - we'd need to know who the claimant is and if you can type you the particulars of claim (POC) so we can see exactly what it is they have brought the claim for, would be a good start.

 

If they haven't sent you a letter before taking court action, they haven't complied with the Courts process of taking pre-action protocols - they should have warned you that they were going to take Court action, so this could have been avoided. They will be in the doo-doo if they haven't.

 

As for the claim, generally, the onus and burden of proof is on the creditor. Regardless of what you think your obligations are, if they are unable to demonstrate that you have legal obligations to repay this debt, they are unlikely to win. There are various things you'll need to do, but we'll guide you through it as it will be quite daunting slamming you with it all before you've got your head around it. "Slowly, slowly, catchee monkey", in this case There's some CPR requests, a CCA request and a DPA SAR, but again, one step at a time with this one.

 

On the emotional front, I'm sorry to hear what has happened to your daughter. Unfortunately for her, the Bank won't care about any of that - and, to an extent at least, neither will the Court. It's harsh, but what we need to do here is fight fire with fire. We'll be just as harsh with them as they have been with you/your daughter, which will give you an upper hand.

 

I realise the natural reaction to this situation is to panic, but, you'll need to be strong for your daughter to get her through this. It's a rocky road, you're going to have to learn things that you didn't think was possible for you to take in, but you can rest assured that you're in good company here. CAG has seen many cases similar to yours in the past and we know how to handle these types of cases, to get the best result for you. If you don't believe that, have a read through some of the success forums - you'll soon get more positive.

 

Chin up

[akania]

Thamk you so much for your response. I will post up particulars of the claim tomorrow.

[PGH7447]

hi akania

 

how goes it, long time no see:)

 

Once you pst up the poc we can see where we are at, you already have postggj and car2403 on the case so advice will be forthcoming, I will keep popping in to keep your spirits up.

 

but the most important thingto do is to acknowledge the claim at mcol and put in that you are going to defend the entire claim, this will give us some breathing space

 

Her Majesty's Courts Service

[akania]

Thank you

[akania]

Also just a quick note before i go to bed, how is it that Natwest card extended the £1.00 payment for another 6 months and the loan and current account havent and have been so agressive? Is it because the loan is £5.500 and the current account £1,500 (even though there are some serious charges on there and the claim is for £8.500, and the credit card is for £1,500? Just a bit confused there as they are the same bank.

[PGH7447]

even if with the same bank they cant lump them together

 

I assume you rgistered the charge reclaim with the bank re the current account, if yes then this is in dispute

 

I also assume you have cca for the cc agreement, and did you get one back?

 

I also assume you cca for the loan agreement and did you get one back

[akania]

Ok I have a cca for the loan. I havent claimed back the charges on the current account, can i do this now because theres at least £600.00 worth as far as i can see. Even though they have set out in the POC the sums seperatley they have lumped them together on the amount claimed. Plus they are claiming £225.00 court fee and £100.00 solicitors fee.

 

Just gonna eat my boiled eggy and ill put up POC.

[akania]

Credit Card is ok they have agreed another 6 months on that, which infurates me as they were absolutley fine!

[akania]

Ok here goes

 

The actual claim form says in the Birmingham County Court!!!

 

Clamiant is Natwest Bank PLC

 

breif details of claim : repayment of monies due in respect of the Defendant's accounts with the Claimanat.

 

Value: xxxx (didnt know wether i should put that here or not)

 

Amount claimed xxx

Court fee 225.00

Solicitors fee £100.00

Total Amount xxx

 

 

Then on the back the Particulars of the Claim xxxx

 

(the have sent 2 seperate A4 peices of white paper)

 

Particulars of Claim

 

1. The Claimant claims against the Defendant repayment of the Defendant's account numbers xxxxxxxx, and xxxxxxxx together with charges.

 

2. The Accounts are regulated accounts are under the Consumer Credit Act 1974.

 

3. The claimant has complied with Parts 111 and V1 of the Pre Action Conduct Practice Direction.

 

4. The Claimant has served on the defendant Notice under the Consumer Credit Act 1974

 

5. The Claimant now claims repayment of the amount owing in respect of the Accounts

 

Particulars

 

To principal sum due in respect of Account numbers:

 

Account number xxxxxx XXXXXX

Account number xxxxxx XXXXXX

 

AND THE CLAIMANT CLAIMS

 

1, The sum of £ xxxxxx

 

Then theres a statement of truth not sure if you needed me to put this bit down as it seems quite universal.

 

 

Post mark on envelope ated 24/7/09.

 

I have recived no letters from Natwest telling me that they were going to pass these accounts to Shakespear or any further correspondance from Triton telling me they no longer accept the payments. They just told me over the phone it had been passed to Shakespear and gave me a telephone number. I called Shakespear and they said they couldnt discuss the account with me as I needed to send it a letter of authority. I did this and then I recived the court papers. I offered to still pay Natwest and they told me no as I had missed a payment. I explained that I have tried to pay but they wouldnt accept it. It seems to me that they just wanted shot of these accounts.

Edited July 26, 2009 by akania

[akania]

Actually on re looking through all the paperwork I have no cca for the loan, no termination notice for the current account, and even though this is not applicable i guess, the credit card agreement has a little box on the top saying ;Credit Card agreement in Principal and Credit agreement' plus they have only sent me page 5,6 and 7.

[akania]

Just been looking at some law cases on the net regarding Duress (my daughters partner threatened her with voilence if she didnt get the loan and give him other monies)

 

Morgan v Fry [1968] 2 QB 710.

Lord Denning MR defined the tort of intimidation as follows:

"The essential ingredients are these: there must be a threat by one person to use unlawful means (such as violence or a tort or a breach of contract) so as to compel another to obey his wishes and the person so threatened must comply with the demand rather than risk the threat being carried into execution. In such circumstances the person damnified by the compliance can sue for intimidation."

 

 

 

Universe Tankships v ITWF [1982] 2 All ER 67

Lord Scarman said that : 'duress, if proved, not only renders voidable a transaction into which a person has entered under its compulsion but is actionable as a tort, if it causes damage or loss'.

 

 

I just wondered if this would also be a good defence, or would it bring her ex partner into play? Obviously this cannot happen as she is terrified of him.

Edited July 26, 2009 by akania

[car2403]

Personally, I think the duress issues should come secondary to all the other issues of enforceability of the debt, whether it was default and terminated correctly and whether their are unfair charges applied to the accounts. If I were you, I'd focus on those issues, first, and have duress as a fall back position - the reason I believe that is that seeing (and knowing what we know about NW!) these debts probably aren't enforceable, meaning you aren't legally obliged to repay the debts.

 

To establish all this, though, there's a few things you'll need to do;

 

Send a Consumer Credit Act 1974 request to the Bank - see here, template letter N; (this should go to NatWest)

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Send a Civil Procedure Rules request for more information; (this should go to the Solicitor - see the claim form for the address for service of documents)

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

DCA: Using CPR 31.14 to Your Advantage - Consumer Wiki

 

Send a DPA SAR to the Data Controller of NatWest;

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/190251-subject-access-request-template.html

 

Without this information, you can't defend the claim. Can you say what date the claim was issued, when it is deemed served, and when you have to submit a defence, by? All this will be on the paperwork from the Court.

[akania]

Ok thank you.

 

Issue date 24/07/09

 

Deemed served date of service is the second business day after posting so i guess sat being the 24th it would be the 27th july. If i admit the claim i have to respond and pay within 14 days of service. If i am disputing the claim it says the claim maybe transferred to my local court and if i need longer than 14 days to prepare my defense i need to complete the acknowlegement service form and send it to the court within 14 days. That allows me 28 days from date of service to file my defense of contest the courts juristiction.

 

So maybe i cant acknowledge online?

 

Hope that all makes sense

[pt2537]

is your daughter co signatory to the loan? or is it soley in her name,

 

section 141(5) CCA 1974 requires that where a loan is joint, then both parties shall be joined in litigation

 

just a thought

[akania]

also I have so many different addresses for Natwest can you point me in the right direction of which one i should send it to? I have credit management services telford, orBirmingham collections centre, or Natwest Bishopsgate ?

[pt2537]

135 Bishopsgate is their registered office

[akania]

is your daughter co signatory to the loan? or is it soley in her name,

 

section 141(5) CCA 1974 requires that where a loan is joint, then both parties shall be joined in litigation

 

just a thought

 

 

Just daughter even though he was with her at the time 'making' sure she got the loan.

 

He was even convicted by the police for stealing her purse, cashpoint card and taking money from her account.

 

Thanks for the address

[car2403]

Ok, usually you're given 5 days for service, so this isn't a MoneyClaimOnline Claim, it's a Production Centre claim.

 

What you'll need to do is complete the Acknowledgment of Service Form, in the response pack that is provided with the Court papers, and return it stating that you intend to defend the whole of the claim.

 

You need to get those letters off, ASAP, as well, as you may get something back from them prior to having to submit your defence - if you don't there are plenty of holding defences you can submit, but you must come back to the thread if you a) get any replies, or b) it gets to a few days within the date that you need to enter your defence by.