Court letter from shoosmiths account in dispute

[ekim777]

Hi,

Just to bring you up to date, we had a joint account with Natwest, and closed it on advice of the CCCS, at the time the overdraft was £4200 O/D.

 

We setup a payment plan with CCCS, Natwest continued to add interest and charges the debt is now £6160.

 

I tols them I disputed the amount of charges and asked for statements from Jan this year to the present day to enable me to complete my calculations.

 

I also sent a letter to Shoesmiths saying the account was in dispute and their "efforts and time and costs will be wasted in pursuing this alleged debt while the account is in dispute"

 

 

The response was a N1 Northampton Court letter asking for the £6k plus costs.

 

 

Should have they waited untill the dispute was settled?

 

 

What di I do?

[sillygirl1]

You need to defend the court issue on the grounds that

 

1. The TRUE arrears on the account are disputed and have been since xxx date

2. There has been no previous correspondence between yourselves and Shoesmiths haven't followed pre-court protocols.

 

You can put it in as simple English as that - and you can put Natwest to strict proof to provide a TRUE figure of the arrears and copy of the terms and conditions at the time you took out the account.

[ekim777]

Thanks for the quick reply! This is an advantage gold account so is it just the unarranged overdraft charges and interest I claim and the advantage gold charges?

[sillygirl1]

I would leave the Advantage Gold charges out for now, just do the overdraft and charges. Somebody else might have a different view.

[ekim777]

Ok, np I still need the statements from January to present day how do I get them?

[ekim777]

Hi, Is this all I need to put as my defence when I return the forms to court?

[AndyOrch]

Hi ekim

 

Can you post details of the P.O.C verbatum less any identifiable details.

lets see what you have, dont want this ending up like your other thread.

 

Regards

 

Andy

[ekim777]

Many Thanks Andy, here we are word for word:

 

Particulars of Claim

The defendant (D) held the accounts as listed below with the claimant ©

D failed to pay the sums due to C when demanded and the sums listed below remain oustanding.

Account Number Debt Balance

xxxxxxxx xxxxxxx

C has complied, as far as is nescessary, with the pre-action conduct practice direction

[AndyOrch]

Help with writing defence over Natwest Overdraft Please?

 

Last page just finished the defence for that poster same P.O.C as yours

 

Regards

 

Andy

 

PS will get back to you on your other matter

[ekim777]

Many Thanks Andy

[ekim777]

Latest devolpements, received 2 letters from shoosmits, first one asking for £100 to stop court action!

 

Second one asking me to call and get a discounted settlement figure! As they do not want an offer of monthly payment!

 

Also as this account is in dispute, (a fact they choose to ignore), I have reported them to the OFT.

[ekim777]

I am tempted to call them and ask what the discounted figure is? Maybe they will discount the unlawful charges?

[ekim777]

Sent off SAR request will send off CPR 18 tomorrow, is this correct so far? I will use the suggested defence, Thank You Andy

[ekim777]

Hi, on the suggested defence, a paragraph makes reference to a termination date (november 2008) I do not have any date to submit. What would I put in this case?

 

Ekim

[AndyOrch]

Hi Ekim

 

If the PoC does not refer to termination or DN then dont refute it.Amend my defence to reflect this.

 

Regards

 

Andy

[ekim777]

Hi Andy, so I just leave out paragraph 4 completely?

 

Ekim

[AndyOrch]

Yes if you have no idea when termination was executed,does it not state on the DN (if any) or any reference in the pre action protocols from their Sols?

 

Andy

[ekim777]

No DN, No reference to termination I have just checked all the mail from shoos

[AndyOrch]

Probally why they have not refered to them in the PoC then.You need to mention that in your defence then, prob under no response to CPR.Refer to the DN never recieved and Termination Notice never recieved.Just edit it Ekim to suit your case.

 

Andy

[ekim777]

Hi Andy, many thanks i'll get that done and submit it asp

 

ekim

[AndyOrch]

Ok Ekim post up your final draft ad I will give it a once over.

 

 

Andy

[ekim777]

will do, thanks

[ekim777]

DEFENCE

 

1 The Defendant admits having had a Current Account with Overdraft facility with NatWest (RBOS) and which was regulated by The Consumer Credit Act 1974 (The Act).

Agreements covered by a s74(3) determination, and satisfying the relevant conditions, are exempt from most Part V rules including s61(1) on execution.

 

No admissions are made as to the terms, conditions or other provisions of the agreement and the extent to which NatWest and/or the Claimant may have complied therewith and the extent to which the Defendant may not have complied therewith. Further and alternatively, it is denied that any agreement was properly executed and/or is now enforceable in whole or in part.

 

2.A request for information concerning the Claimants Claim was made by CPR request dated 28 September 2009 to date the Claimant as failed to fully comply with this request and await any Termination Notice and statements in support of their claim. In particular I have never received a Default Notice or Termination notice.

 

3 Without prejudice to the generality of the facts and matters set out at paragraphs 1 and 2 above, the Defendant admits non receipt of a Notice Served under Sections 76(1) and 98(1) of the CCA 1974 Termination Notice relied upon by the Claimant, to enable lawfull Termination of the facility.

 

 

4 Further, incorporated within the sums demanded by the Claimant are sums claimed for administration fees, Overdraft Interest and like provisions. It is denied (if it be alleged) that the Claimant has incurred any such fees and charges, alternatively that such fees and charges if incurred accurately represent sums lost by the Claimant by reason of any breach on the part of the Defendant. Alternatively, the Defendant avers the incorporation of such claims is penal and unenforceable at law.

 

5 Further and in any event, by reason of the matters set out at paragraph 3 of this Defence and the requirements of section 87(1) of the Act, the steps taken by the Claimant and identified at paragraph 4 hereof were steps which the Claimant was not entitled to take.

 

6 Amendment to the CCA 1974 from 1st October 2008 requires the Claimant to issue annual statements to any alleged balance outstanding it is avered that the Claimants has failed to comply with this legislation.

 

 

7 In the circumstances failure of the Claimant’s Notice nor its termination of the agreement gave rise to an entitlement to claim any of the relief now sought by the Claimant.

 

8 The Claimant’s claim to be entitled to £xxxxx or any other relief following termination of any agreement is denied.

 

 

Signed

08 October

 

 

 

[AndyOrch]

Good to go Ekim;)

 

Andy

[ekim777]

Great, thank you Andy