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Ironroadman

Judgement Notice - RBS Mint debt

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I recieved a default notice in March 09 from RBS concerning being in arrears on a loan agreement.

The letter stated I must pay the arrears of £400.00 by April 09. I rang RBS and explained that I was unable to pay at this time, and asked if I could defer payments to a later date.

I was told that this was not possible as the agreement had been terminated.

I have now received a Judgement notice ordering me to pay the full amount plus interest and costs. I was not even aware that the matter was being taken to court, and had no opportunity to state my case.

I am unable to pay the amount in one payment and really worried that now I may face having my goods removed & sold.

Is there any advice you can give me please.

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Hi Ironroadman - welcome to CAG

 

Firstly don't panic, but can you provide a few more details please?

 

Is it a judgment notice or a particulars of claim?

 

Could you post it up minus your personal details?


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hi Foolishgirl Thanks for your quick reply.

 

It is a Judgement for Claimant (in default). From the County Court.

I am unable to copy it at this time.

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It says I have not replied to the claim form, but I never had one to reply to!

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Seems like you have a great case for a set aside. However you need to apply asap. Suggest you read through threads on here for more info (search ccj set aside) but to start the ball rolling can you answer the following:

 

1. Is this an unsecured loan? Is the amount they have claimed more than £5000? How long ago did you take it out?

 

2. Have you changed your address since April 2009?

 

3. Did you ever receive a default notice from RBS prior to termination? Could it have been the 'letter' asking for the £400 arrears? If so, can you post up (remove your personal details)

 

4. Have you ever sent for a copy of your agreement? If not, do so immediately. It costs £1.00. State that you are applying for it under s77/78 of the CCA1974. They have 12+2 days to produce it.

 

5. Have you ever had any charges applied to the account - overlimit, late payment etc? If so, have you ever reclaimed them? Have you got all your statements. If not send a SAR (cost £10.00) & ask for them all (you can include a specific request for your agreement instead of above but you may not get it as quickly & time is important right now). They have 40 days to comply. The template is here:

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

 

When you send off for the above, do not sign the letter - it is not unknown for creditors to copy & paste onto other docs (use this:http://www.consumeractiongroup.co.uk/digitalsignature.php or sign & cross through) send POs, & mail Rec. Del so you can trace delivery.

 

Don't worry, it sounds as though you can sort it but it is important to keep all your paperwork (& envelopes if you have them - postmarks are sometimes good evidence) & do lots of research on this forum. You will have to present a defence in court & you need to be confident in your own knowledge.

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Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hi Foolishgirl thanks again for your quick reply.

In answer to your questions:

 

1. I am not sure whether it is unsecured or not. The amount is for just over £6000.00 and was taken out in 2006.

 

2. No I have not changed my address.

 

3. Yes I did.

 

4. No I have not, will do so.

 

5. Yes I have had charges added for late payment. I have not reclaimed them. I probably have my statements if I can find them! Will rquest them as well.

 

Thanks

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1. I am not sure whether it is unsecured or not. The amount is for just over £6000.00 and was taken out in 2006.

 

Think it's unlikely to be secured if it's only for £6000; however when you get CCa, please post up (minus personal details)

2. No I have not changed my address.

 

Good, they can't claim the docs were sent to a previous address

3. Yes I did.

 

Can you post it up please? Did you keep the envelope/know what date it was received? Also did you receive a LBA?

4. No I have not, will do so.

 

CCA as soon as you can!

 

5. Yes I have had charges added for late payment. I have not reclaimed them. I probably have my statements if I can find them! Will rquest them as well.

 

Good, this probably means they had an inaccurate amount on the DN, rendering it defective.

 

 

Think we need to press on with an application for set aside pdq. When did you receive the judgment? What date have they stated for payment by?


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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I received the Judgement on 25th July. It is dated 22nd July. There is no date to be paid by as such it just says forthwith.

 

I spoke to a lady at the court and asked her to send me the application form to have the judgement set aside. she said she would send it but wasn't particularly helpful. She said it would cost about £75.00 and that I could have the case heard locally if I preferred.

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HI IRONROADMAN,

u can d/load the form here if it helps, it s an N244, costs £75. whilst FG is offline u can do a search and find various examples to help get the gyst for filling it in.

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_e.pdf

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Hi r&b thanks for that.

It looks a bit daunting! :confused:

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It's actually quite simple, you just need to set out your reasons in very simple form as to why you think the judgment should be set aside. Primarily in your case it will be no LBA (abuse of CPR), no N1 received, no opportunity to defend the claim. Needs filling out of course. Look at other egs. & you will get the drift.

 

Post up a draft if you can & I will try & help out.


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hi Foolish Girl Thanks that is most re-assuring!

 

I have sent off for a copy of the agreement, and also a SAR. I haven't had the form back from the court yet.

I forgot to mention that I also received a Notice of Transfer of Proceedings

with the Judgement, not to my local court but somewhere else. Why would that be?

 

Thanks for your help I am really finding this very stressful.

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I haven't had the form back from the court yet.

You can print it off here:

Her Majesty's Courts Service - Home - Forms & Guidance, type in N244 (website down at the moment)

 

I forgot to mention that I also received a Notice of Transfer of Proceedings

with the Judgement, not to my local court but somewhere else. Why would that be?

 

This sounds very strange - the procedings are usually regarded as finished when they send the judgment out. Did the judgment come from your local court or Northampton? If the latter, perhaps they have got the 'wrong' local court for you?

 

Unforutnately it does take time to research & put the forms into court but when you've done it once, it gets much easier. And when you win, it's definitely all worth it!! :)

 

Try & get a draft posted up of what you are going to put down on the N244 as to the reasons for set aside & I'll take a look later.


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hi foolishgirl.

I have had the N244 from the court now. I have tried to upload the letter & notices but cannot seem to get them to upload.

 

You suggest my best course of action is to ask for a set aside based on no LBA, no N1, abuse of CPR & no opportunity to defend the claim. If you could please confirm what exactly these mean and I will put up a draft.

 

I will keep trying to upload the documents.

Thank you so much for your help.

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Hi foolishgirl.

 

You suggest my best course of action is to ask for a set aside based on no LBA, no N1, abuse of CPR & no opportunity to defend the claim. If you could please confirm what exactly these mean and I will put up a draft.

 

LBA - letter before action

N1 - summons with particulars of claim (POC)

CPR - Civil Procedure Rules - must be followed before/during court processes. They are all here:CPR - Rules and Directions - Ministry of Justice

I will keep trying to upload the documents.

 

Maybe a scanner & photobucket:

http://photobucket.com/

 

 

Difficult to help much without seeing all docs I'm afraid - FG


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Thanks Ironroadman, lovely clear copies.

 

Is this all you have ever been sent? No default Notice?

 

The first letter is just a 'warning' letter, not a true LBA ie. pay up within xxdays or we will take you to court.

The judgement is just that -as you said

I have no idea why they would transfer the responsibility for enforcment to Norwich, it's not near your local court or the claimant's.

 

To progress forward, I suggest you therefore phone Banbury CC & ask (a) if they know why it would be referred to Norwich (b) to which court they want you to send your application for set aside (my guess is Banbury 'cos the judgment came from there)

 

Then start composing your application for SA. Shout if you need help on any issue. I'll try & read & post up my ideas later - builders tearing the house apart today so I'm tearing my hair out.


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hi FG

Thanks for that. I think I have a DN somewhere I will try & find it and post it up for you to look at.

 

Good luck with the builders, I really do appreciate your help on this.

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The DN is really important to your defence once you get the set aside as if it is defective, even if they produce an enforceable agreement, they are only ever entitled to claim the arrears at default i.e.not the full balance. ;)


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hi FG

Have found the DN. I will get my friend to scan it and post it up for you.

It does say, " The current balance is shown above, but this will increase if further charges are added due to the breach continuing".

 

Hope the building work is progressing well!

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Good, you will also need a copy of the original POC (summons) - N1 form.

Ask the court to send you a copy asap.

Can you also post that up when you get it please?


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Good, you will also need a copy of the original POC (summons) - N1 form.

Ask the court to send you a copy asap.

Can you also post that up when you get it please?

 

 

sorry to butt in FG, but just to make sure there is no delay, send £5 in with your request asking for any attached documents as well if there are any, this covers up to 10 sheets so plenty i would imagine.

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Good idea r&b - thanks for the input ;)


Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Thanks FG & r&b have asked for copy from court. They said the reason it has been transferred to Norwhich is that is there clearance centre?

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