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Natwest ruining my life!! Advice appreciated


andy262000
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That took some doing, here's one of the claim forms the other is identical apart from change of address for possession. I also received another two bundles which both made a thud as they landed on the mat, they are witness statements, shall I upload these as well?

 

The other claim form and particulars seems a right bodge up, after two pages their is a blank defence form for mortgaged residential premises then the particulars of claim, also on the claim form they are claiming possession of one property when it is two? then on the poc it goes back to two.

 

They also state it includes residential property when it is all commercial.

 

Apart from that the attached is the same document.

 

Many thanks, sorry it took so long to get on.

Untitled.pdf

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Sorry just realised I've removed figures! if you need me to re-do please let me know, I have scanned the other document and witness statements so If you would like to look at those I can upload them too. I'm fairly sure the defence forms are the wrong ones, these are N11R Rented residential premises and I saw an N11M mortgaged residential premises which was stapled in the other bundle I got from shoo'ssmith (a blank one) this looks more like what I've to use, this is a claim form and particulars with a blank form tossed in stapled together looks like a right botch up. Should I scan it to show the difference on the forms?

 

Thanks in advance

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I have definately filed incorrect defence forms, I've just checked and the N120 POC is for mortgaged residential premises, they sent me N11R which is for rented residential premises, I filled in the best I could and sent them without really noticing. My house is not mortgaged with Natwest they just say they have a legal charge on it and my business which is what the loan is for is commercial property entirely which also had a N11R. Really confused, should I let the court know I've been issued with incorrect paperwork therefore my defence will not be as it should be? I'm wondering if whoever at natwest have told shoosmith these three properties are buy to lets or something along those lines? I've been googling these forms and it is all wrong.

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Yes, I think you need to let the court know as soon as possible that you have been issued the incorrect paperwork. Who gave you these ?

 

You should also advise that it wasnt until after you completed and submitted them that you were advised that they were incorrect.

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Thanks for your reply, It was Shoosmith who sent me the defense forms, the POC N120 form they have sent me relates to residential mortgage possession for my house (although it's not mortgaged with natwest) and business premises they say is also residential mortgage possession N120 although it's entirely commercial and both my defense forms are for rented residential possession N11R.

 

I found this which confirmed it for me, am I correct?.

 

C I V I L P R O C E D U R E R U L E S

P A R T 5 5

CPR Part 55 – implemented on 15 October 2001.

Materials

Civil Procedure (Amendment) Rules 2001 SI No. 256, Schedule 1.

Practice direction - PD55.

Forms - available at http://www.courtservice.gov.uk/fandl/menu_house.htm

N206 A Notice of Issue

N206 B Notice of Issue

N5 Claim form for possession of property

N5A Claim form for relief against forfeiture

N119 Particulars of claim for possession (rented residential premises)

N7 Notes for defendant

N7A Notes for defendant

N11R Defence form (rented residential premises)

N120 Particulars of claim – mortgaged residential premises

N11M Defence form – mortgaged residential premises

N5B Claim form – accelerated possession procedure

N11B Defence to possession claim – accelerated procedure

N7B Notes for defendant – forfeiture claim

N121 Particulars of claim – trespassers

N11 Form of defence

N26 Order for possession

N27 Order for possession (forfeiture)

N28 Order for possession (rented residential premises)(suspended)

N28A Order for possession (rented residential premises)(postponed)

N440 application for time order

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I spoke to the court and got passed round a few people, I explained I've filed the wrong defence form but it was what I was sent by the solicitor and I have also received poc for mortgaged residential premises for my house which is not mortgaged by the natwest just a charge and poc for mortgaged residential premises which is entirely commercial, they said it there is nothing much I can do as it's not my fault and if I explain this to the representing solicitor of natwest and the judge this will most probably be taken into consideration? there is nothing much I can do really, keep my fingers crossed. I'm just trying to compile a list of bullet points to take with me so I don't forget anything, the poc don't mention anything about the new agreement from jan/feb 2010, will I be safe using the unfair treatment clause from BCOBS?

 

I have still not received response from my second SAR, I haven't had a bank statement from them since december 2010, I'm also interested in seeing these agreements for the £20k from two dissolved ltd companies which they added to the charge forcing me and my brother into a loan and the £20k which was consolidated into the commercial loan.

 

Although I have estimated they have been paid or should I say helped themselves to about £12k over the last 14 months so they can't say they haven't had any money off me or I've made no attempt to make repayments, charges upto dec 2010 amount to £4650 and the arrangement fees for the 20k loan £2500 and the consolidation charge and arrangement fees £4000.

 

Thanks for everyone's assistance so far.

 

PS @andyorch did you manage to look at the poc I attached? Thanks

Edited by andy262000
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It's been adjourned, although the judge was grumpy and unsettled me by shouting at us both, even the solicitor admitted he was not happy. I was advised to get legal advice on an all monies payable charge, the judge was certainly not happy with Natwest because he said where is the rest of the documentation to give me a reason to grant this!! to the solicitor and I took it as a hint from him when he said to me ' if you can come back with a good enough reason not to grant possession is that what you would want' I said yes but I have until the next available date to prepare a defense and witness statement.

 

Anyone think I have a chance?

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  • 1 month later...

Just an update as to proceedings!

 

I took the Judges advice and got legal help, a recent request for information has provided us with two loan agreements which was not included in the original POC one is a CCA and the other is an unregulated agreement, both these was sent to me in 2010 when the bank gave me no option but to do as I'm told or they would start proceedings. Is there anything I could possibly look for in these agreements which I could use as a defence?

 

The solicitor has requested other information such as bank statements which I haven't received and amount of arrears if any? Shoosmiths have yet to provide this information, they have had two weeks but nothing as yet.

 

The last court date was used to get directions from the judge.

 

I'm being advised to make the bank an offer of repayment which I have tried to do myself for over a year but every proposal including lump sums has been refused, the other option is to claim I have not had proper legal advice as during the purchase the same solicitor worked for everyone resulting in a conflict of interest and I can honestly say I was never advised about any legalities or made aware of this all monies clause which was in the original agreement.

 

Would anyone advise me if taking the solicitors advise would be in my best interest or should I push some of my own, I've read so many stories about people being let down I feel like I'm in a dilemma although the solicitor has got us a month to get things in order.

 

In the meantime the bank are continuing to empty my account.

 

I would appreciate any feedback, thanks.

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Just an update as to proceedings!

 

I took the Judges advice and got legal help, a recent request for information has provided us with two loan agreements which was not included in the original POC one is a CCA and the other is an unregulated agreement, both these was sent to me in 2010 when the bank gave me no option but to do as I'm told or they would start proceedings. Is there anything I could possibly look for in these agreements which I could use as a defence?

 

The solicitor has requested other information such as bank statements which I haven't received and amount of arrears if any? Shoosmiths have yet to provide this information, they have had two weeks but nothing as yet.

 

The last court date was used to get directions from the judge.

 

I'm being advised to make the bank an offer of repayment which I have tried to do myself for over a year but every proposal including lump sums has been refused, the other option is to claim I have not had proper legal advice as during the purchase the same solicitor worked for everyone resulting in a conflict of interest and I can honestly say I was never advised about any legalities or made aware of this all monies clause which was in the original agreement.

 

Would anyone advise me if taking the solicitors advise would be in my best interest or should I push some of my own, I've read so many stories about people being let down I feel like I'm in a dilemma although the solicitor has got us a month to get things in order.

 

In the meantime the bank are continuing to empty my account.

 

I would appreciate any feedback, thanks.

 

Are you able to scan and post up the agreements?

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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