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Incasso / natwest ccj


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Also, if I agree to the Small Claims track, I was under the impression that no costs could be added. Is this correct?
My mistake about costs, and just shows I am not experienced enough to be blindly relied upon without your own clarification.

The bit i meant that was pertinent to my own case, and which you should maybe write a sentence or two about your own instead of mine is as follows

DO NOT COPY THE SECTION BELOW. IT IS NOT PERTINENT TO YOUR CASE BUT I HAVE LEFT IT IN SO YOU CAN SEE WHAT KIND OF INFO YOU COULD WRITE IN HERE.

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the main crux upon which this claim rests, and the proposed directions identify this issue and will allow it to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.

 

Failure of the claimant to supply the requested documentation will inhibit the court’s ability to deal with the case.

 

It is respectfully requested this case be allocated to the Small Claims Track. It is a straight forward case where the claim fails if the original agreement together with financial statements sent to the defendant do not exactly match each other in relation to the ‘prescribed terms’. Under s172 of The Act all the aforementioned documents are binding on the creditor if given under s78 of The Act. This claim could be resolved on production of the required documentation, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer. CPR Practice Direction 32, 13.1 states ‘provided originals are made available for inspection by the other parties before the hearing and by the judge at the hearing.’

 

Therefore it stands to reason that this original document must be disclosed before this case can progress any further.

Also, although I am not very experienced, I do feel your own draft order is far too wordy and unweildy and therefore I would use the one I have left in at the bottom of the AQ. It is succinct and clear.

As to time orders, I have no idea whatsoever how they work, but maybe Elsa might help?

(Did you thank her earlier posts and 'tip her scales'? - :wink:)

< < < < If I can help I will and if I have helped please tip my scales. :|

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  • 1 month later...

Hi manchestman

 

I wrote them a letter explaining that given that this was a small claim track they would not be able to claim costs, as they already knew. Most importantly, I reiterated that they would end up worse off, as any judge would probably ask for any repayments to be made pro-rata out of what I now pay to the CCCS (essentially they would be getting less than half what they get now).

 

At first they sent me a letter asking me for an I&E update using their own form, which I declined as it was way too intrusive, clearly targeted at valuing my assets, likely with eyes on a charging order. I told them I would not fill in such a form and reminded them that the CCCS did my I&E review. Their reply was to ask for the CCCS I&E form once again, which they got late last year. I kind of sat on this for a few days to see how they reacted. Today, rather than their previous "send us the I&E and then we'll see", I got a proper written response, advising me that natwest has "taken a commercial view and is prepared to accept my current monthly repayments".

 

Now for the tricky bit, they want me to sign a Tomlin Order. Overall, I am happy to do so, as I get them off my back and would not end up with a CCJ. However, they have still not produced any of the documents mentioned on the claim form, including the default and termination notices (they will probably have them and I have much to risk by calling their bluff if they don't). My main issues are the following:

  1. The claim sum is about £500 higher than my estimates. It is hard to say, as they stopped sending me statements a long while back. Would you ask for this to be put right? For a start, they have not been discounting the existing monthly payments since they started court action.
  2. The schedule of the order mentions that "the monthly instalments shall be reviewed after a period of twelve months, with the first review to take place in May 2011 (surely 2012?) and each and every twelve months thereafter, until such time as the settlement amount is paid in full". My biggest concern is that I would rather they abide by the CCCS reviews, as if they decide that I can pay more, it would need to come out from somebody else's repayment. Can I ask them to agree to accept my existing DMP review terms?
  3. The schedule also mentions that in default of the payments they would be entitled to enter judgement after 14 days notice. As my payments are managed by the CCCS, I am concerned that if anything happens, even as simple as they not updating the new account details, they would try to void the agreement.
  4. They also want to make the terms of the order confidential. How can I even agree to this if the CCCS is managing my DMP? Surely I need to let them know?
  5. Is there anything else I should ask to be added to the Tomlin Order schedule to cover my back? ie so they cannot add on any interest, costs, etc

 

Any advice is always welcome. Many thanks

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Be very careful with any TO

1. you definitely need to know whats been put on the balance, get them to remove any false charges etc, but you need sight of the statements before you can consider.

2. Leaves you open, they can say they want more and go straight to court.

3.If payment is managed by CCCS why have a TO?

4. No way jose

5. yeah, that they act reasonable in future and give you information legally requested

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hi bazaar,

 

Last year I threatened to take them to the Financial Ombudsman as they seem to keep on adding charges and interest to the account. My reasoning being that they had failed to help me when I did need it, making my DMP reduced payments worthless as the charges and interest being added monthly were nearly as high as my repayment. After giving them a final deadline, I received a proper response from the bank not the solicitors, agreeing to refund any charges and interest from the date I notified I had started a DMP with the CCCS, but that they would not review any previous charges from before the DMP started (in all honesty, I had not asked for this anyway). I also got confirmation on paper that they would no longer add any charges or interest to the account but informing me that the repayment was not high enough (essentially a hint that they would have a go at court). By my own calculations, the figure on the claim form was probably not too far off (not 100% sure, as no statements for two and a half years) but they have not updated it for sure to deduct the last 5 or 6 monthly DMP payments.

 

About point two, re-reading the first point of their schedule it does read "the defendants pay the claimant the sum of £xxxx in full and final settlement of the claim".

 

About point three, they have never agreed to work with the CCCS but have been accepting payments since the plan started.

 

About point four, I reckon they are using the same set template they use for settling unfair fees repayments, when they want to avoid publicity, etc.

 

About point five, how far should I go? I am tempted to ask for any defaults and negative information to be removed from any credit report, as they would be in breach of their own confidentiality clause and they have not me presented yet with any default or presentation notice?

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  • 10 months later...

After a year of messing me about and thousand and one stays, they have decided to drop the claim without a tomlin order, as they could not agree to remove the default. Pathetic way of wasting the taxpayers money....

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