Shoesmiths Claim Form For Natwest loan, 7 days to reply !

[dck321]

Hi

 

My partner has been making regular payments of £80 to shoosmiths regarding a loan from NATWEST that was taken out in 2008 For £12k

 

the loan was taken out for my business which consequently closed a year later

 

up until then was paying the correct amount of approx £300PCM.

 

I subsequently declared bankruptcy

 

since then we have been paying on a payment plan

 

we have not missed a payment

 

last payment came out as normal on 18th December,

 

shortly following or on the same day or next day she recieved a claim form from Northampton county court,

 

after Xmas I acknowledged receipt of the claim and stated that I intended to defend all of this claim.

 

I also rang shoosmiths this week

 

they have stated that as she did not fill in the income and expenditure form that was sent ( never recieved) in november they have taken the matter further

 

I insisted no form was ever recieved!

 

Shoosmiths have also stated that if we wanted this action to stop then monthly payments of £195 over the next 5 years is the minimum payment plan they will now accept

and if cannot pay this then fill in the claim form.

 

She also stated that I had to send the claim form back to them and not the court so they could review it and take it from there

but surely I need to also reply to the court or I will have gone over my time limit to respond??

 

She said she will grant me an extra 7days on top of the due date (which is the 17th jan) to respond,taking it to the 24th jan is this possible???

 

I have repeatedly asked for original documentation, etc but have had no response?

 

Also I know there are a lot of charges on this Natwest loan account as well as her Natwest credit card?

 

Can I now do a CPR request.

 

The particulars of claim state:

 

" 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 outstanding

Account number xxxxxxxxx debt balance 11395.50

C has complied, as far as necessary, with the pre-action conduct practice direction.

Number"

 

A weird end as there is no number stated at end of particulars ?

 

Any help will be greatly appreciated

Edited January 11, 2013 by citizenB

[citizenB]

Damien,

 

Why was the loan not included in the bankruptcy ?

 

Can you let us have some more information..

 

What is the date of issue of the claim - top right hand corner of the form.

 

If you are going to defend then you must not send the form back to Shoosmiths and they were wrong to suggest this.

 

You have a strict timetable to adhere to.

 

Date of issue + 5 for service + 14 to acknowledge claim + 14 extra days if you are going to defend.

 

We also need to know exactly what it says on the claim form.. their reason for issuing the claim ? - You have supplied this information in the first post

 

If you are able to scan the document and post it up for us to see that would be good. Please remove any personal information first.

 

Follow the instructions below in order to post it on the forum.

 

 

Dx100 – Instructions on uploading pdfs

 

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

then hit reply button

[citizenB]

Having claimed that they have followed preaction protocol in their claim,

can you also let us know the following.

 

You were in a repayment plan, did they send a default notice - if the did then we need to see a copy if possible, if you cant scan it in then we will need to know.

 

Date of the Default Notice

What were the saying you needed to do to remedy the breach

What date did they give you to remedy the breach.

 

Did they send any Formal Demand letter or Letter before Action.

[citizenB]

If you let us know the exact date on the Claim form we can confirm the due date for your defence.

 

Have you acknowledged the claim online ?

 

If they are agreeing to extra time, then they need to tell you in writing because it is your responsibility to advise the court of any new filing date.

 

They should be agreeing to extra time under CPR15.5.

 

If you could answer the questions above, then we can advise your next move.

[dck321]

Damien,

 

Why was the loan not included in the bankruptcy ?

 

Can you let us have some more information..

 

What is the date of issue of the claim - top right hand corner of the form.

 

 

If you are going to defend then you must not send the form back to Shoosmiths and they were wrong to suggest this.

 

You have a strict timetable to adhere to.

 

Date of issue + 5 for service + 14 to acknowledge claim + 14 extra days if you are going to defend.

 

We also need to know exactly what it says on the claim form.. their reason for issuing the claim ? - You have supplied this information in the first post

 

If you are able to scan the document and post it up for us to see that would be good. Please remove any personal information first.

 

Follow the instructions below in order to post it on the forum.

 

Hi citizenB

 

Thanks for the speedy response

 

The date of issue is the 13 December 2012 and yes I responded online

The loan was not included in my bankruptcy as it was my partner that took out the loan not me.

 

Shoosmiths said the reason that a claim was filed with the court was because an income and expenditure form was not filled in!

 

Have scanned the court documents and the letter from shoosmiths recieved on the 17 dec 2012 and the confirmation letter of acceptance from shoosmiths of £80 p,month from jan 2012 the documents are in jpg is that ok or need to be PDF

 

Thanks

[dx100uk]

follow guide post 2

 

pdf please

 

dx

[dx100uk]

i hope your username is not your real name?

 

dx

[dck321]

How can I change ??

[dck321]

i hope your username is not your real name?

 

dx

 

I am genuinely doing this for my partner and our sir names our different

[AndyOrch]

The date of issue is the 13 December 2012 and yes I responded online

 

I make it Monday the 14th to submit your defence.

 

Regards

 

Andy

[citizenB]

Click on my avatar and it will take you to a list of options - send me a private message with the user name you want to change to.

[dck321]

Click on my avatar and it will take you to a list of options - send me a private message with the user name you want to change to.

 

Hi do you mean edit avatar.

[dck321]

i have merged all documents to date here:

 

 

 

dx

Edited January 11, 2013 by citizenB

[citizenB]

Hi do you mean edit avatar.

 

Hi, no your user name.. avatar is the photo/image to the left under your user name.

 

eg.. my user name is citizenB - my avatar is a disco kitty.

 

 

All your documents have now been edited and replaced.

 

The last 2 that you posted up are Notice of Statement of Arrears - they are obliged to send this to you under new legislation around 2008.

 

A Default Notice would be a notice issued under s87(1) of the Consumer Credit Act 1974 - It would start off by advising that you are in arrears that they expect you to repay those arrears within a certain time, which must be no less that clear 14 days, allowing some time for postage.

 

That if you dont remedy this.. ie pay them the arrears then they will report to credit reference agencies, or take court action.

 

Did you receive something like that ?

[dck321]

Hi

 

As far as she is aware no but she can't be 100%

 

Thanks

[citizenB]

Ok, from what I can see - In January 2012 they agreed to accept £80.00 per month for 6 months, starting on 15th February 2012 which would take you up to August 2012. At which time, although they dont say, they would require a review.

 

What happened from August ? Did they write to you asking for a review ? Or were you expected to contact them and advise your circumstances - they dont say.

 

You maintained the payments - so I am not sure why they have now taken this action against you.

 

Have you any other paperwork from say August saying the arrangement has ceased and they wanted a new I&E sheet or around October which appears to be the last payment made ?

[dck321]

No we did not receive anything but they said they sent in September and November but definately received nothing until the December the 17 th letter!!

It would be daft to ignore the letters when all that is needed is to fill in the form and send back! She had already done an I and e sheet previously for them to get this payment at £80

 

Payments have still also been made for November and December, What was sent in the PDF was the yearly statement direct from natwest bank not her actual bank statement

 

Thank you

[dck321]

Hi all

 

If Monday is the deadline date for the reply does anyone know how I should go about it and what to put??

 

Thanks in advance

[citizenB]

No we did not receive anything but they said they sent in September and November but definately received nothing until the December the 17 th letter!!

It would be daft to ignore the letters when all that is needed is to fill in the form and send back! She had already done an I and e sheet previously for them to get this payment at £80

 

Payments have still also been made for November and December, What was sent in the PDF was the yearly statement direct from natwest bank not her actual bank statement

 

Thank you

 

If it is your intention to defend this, then that would form part of your defence. I will flag your thread for someone to pop in and advise further as to what kind of defence you would need to submit by Monday. You can do this online so you have until midnight, Monday 14th.

[citizenB]

Another question I meant to ask, was there any Payment Protection Insurance applied to the account ?

[dck321]

Another question I meant to ask, was there any Payment Protection Insurance applied to the account ?

 

Hi

 

She does not know whether she had payment protection insurance is there a way to find this out?

 

And also the log in details for the online have been misplaced over Xmas so will have to hand deliver but it is only 5 mins from our house

 

Thank you again

[citizenB]

Does she have a copy of the original application ? If so, it should be on there. Or can you have a look at statements prior to when you entered the repayment plan because it might be shown on there.

[dck321]

Hi, no your user name.. avatar is the photo/image to the left under your user name.

 

eg.. my user name is citizenB - my avatar is a disco kitty.

 

 

All your documents have now been edited and replaced.

 

The last 2 that you posted up are Notice of Statement of Arrears - they are obliged to send this to you under new legislation around 2008.

 

A Default Notice would be a notice issued under s87(1) of the Consumer Credit Act 1974 - It would start off by advising that you are in arrears that they expect you to repay those arrears within a certain time, which must be no less that clear 14 days, allowing some time for postage.

 

That if you dont remedy this.. ie pay them the arrears then they will report to credit reference agencies, or take court action.

 

Did you receive something like that ?

 

Hi in response to your question regarding the default notice, if it is something that would have been received within the last 6- 12 months then definitely not!

 

As far as I am aware the only basis on which this has gone to court is because the I&e form was not filled in which meant shoosmiths could not update there records

that is what I was told on Thursday over the phone by the employee at shoosmiths who is handling this account, when I queried that i didnt undertand why my partner had recieved a claim form from the court even though she had not missed any repayments.

 

P.s. I was given authority to talk to them regarding my partners case for 24hrs

 

Thanks

[citizenB]

A default notice is usually issued after 3 missed payments - sometimes companies issue one when arrears start building up when a payment plan is agreed.

[dck321]

The only time when arrears were building up was when my business closed in 2009 so she may of had one then but we cannot remember.

 

What direction do you think i should go in as regards to the claim form. I know it's hard as we do not have all the required info especially as they would not forward any contracts etc