NATWEST BANK - CCJ - Bryan Carter & Co.

[SHERLOCK]

Hi guys & girls

 

Received Claim Form for CCJ from Claimant: NATIONAL WESTMINSTER BANK PLC.

Documents/ Payments address : Bryan Carter & Co. Persimmon House.

 

Account history: Account around 9 - 10 years old, balance around £4500.00. Been paying on/off last 4 years.

 

Particulars of claim: Defendant agreed to pay monthly instalments under account no. NATWXXXXX but has failed to do so.

 

Any comments welcome, ta

[SHERLOCK]

Also please make any amendments to letter below before I post, thanx

 

BRYAN CARTER & CO. SOLICITORS

Persimmon House, Dehavilland Drive

Brooklands Business Park

Weybridge

KT13 0NT

 

Dear Sirs,

 

Reference: XXXXX

 

I handed my payments to creditors over to a debt management company as I was not able to deal with the stress of intimidation myself at the time. However, I can find no record of any debt owing to National Westminster Bank PLC. I therefore do not acknowledge this debt and require you to supply the following documentation before further discussions may proceed.

 

Firstly, you must supply me with true copies of the agreements you refer to in these matters. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974 - your obligation also extends to providing statements of account. I enclose a £1 postal order in payment of the statutory fee. This payment is not to be applied to the alleged debt under any circumstances.

 

I also require that you provide any such paperwork to which your particulars of claim state: THE DEFENDANT AGREED TO PAY MONTHLY INSTALMENTS UNDER ACCOUNT NUMBER NATWXXXXX BUT HAS FAILED TO DO SO

 

I also require that you supply signed true copies of the deeds of assignment of the above referenced agreements.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Yours faithfully

[thunderpuss2k]

Here you go, this should stop them in their tracks. Change the bits in bold (and unbold them obviously!)

 

Make sure you go online and acknowledge service of the paperwork, this will give you 28 days instead of the usual 14 days. Full instructions should be with the claim.

 

DO NOT send them any money, or bother talking to Nat West. Just send them this letter, and wait patiently.

 

Your Address etc

 

Bryan Carter & Co Solicitors

Persimmon House, Dehavilland Drive

Brooklands Business Park

Weybridge KT13 0NT

 

Date

Dear Sir

 

In the XXXX County Court

National Westminster Bank plc -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

REQUEST FOR FURTHER INFORMATION

 

I have today filed the Acknowledgement of Service (copy attached) in order that I may file my Defence to these proceedings in due course. By my calculations this must be filed and served no later than 4.00pm on (28 days from the date you received the court claim). However, before doing so, I take the view that your pleadings are not entirely clear and as such, do not appear to disclose any reasonable cause of action against myself. Although this matter may be suitable for the Small Claims Track the purpose of this letter is to make a request for some additional information in order to fully understand your claim and how it is calculated.

 

I note in your pleadings that you are claiming (alleging) that an amount of £AMOUNT is ‘part of a debt due under an agreement number (AGREEMENT NUMBER)’, and also that I ‘agreed to pay the Claimant £(TOTAL)’ – however you do not provide details of how you have reached these amounts, nor any information, or a copy of this ‘agreement number (AGREEMENT NUMBER)’ you refer to.

 

In light of this, can you please provide me with the following:

• A true copy of the alleged agreement you refer to.
  
• How you calculate the sum of £(AMOUNT)
  
• How you calculate the sum of £(TOTAL)

We would be grateful if you would respond within 21 days of the above date.

 

In the event that I do not hear from you at the end of this period, I may apply for your Claim to be struck out on the grounds that it does not disclose any reasonable cause of action against me, together with an Order for Costs in the Defendant’s favour. I trust that you will note this particular point.

 

In any event, kindly acknowledge safe receipt of this letter.

 

Yours faithfully,

YOUR NAME

[SHERLOCK]

Thanks thunderpuss,

 

Speedy response, consider it DONE

 

Also was about to send the CCA to BC&Co within the hour, shall I send YOUR letter instead,

 

many thanks

 

sherlock

[thunderpuss2k]

Thanks thunderpuss,

 

Speedy response, consider it DONE

 

Also was about to send the CCA to BC&Co within the hour, shall I send YOUR letter instead,

 

many thanks

 

sherlock

 

Send my letter, forget the CCA request for now. And remember to acknowledge the court claim!

[SHERLOCK]

thanx Thunder,

 

Acknowledged claim with MCOL.

Sent above (amended) letter to BC&Co with copy of acknowledgement.

Copy of letter to courts to place on file.

 

Thank you for your help:-)

 

Will keep you informed....................

[SHERLOCK]

Hi all,

 

Received court reply acknowledging receipt of my defence (letter above).

 

A copy is being served on claimant.

The claimant may contact me to attempt to resolve the dispute informally, or inform the court that he wishes to proceed (within 28 days of receiving a copy of my defence).

After that period has elapsed, the claim will be stayed.

The only action the claimant can then take, will be to apply to a judge for an order lifting the stay.

 

ANY COMMENTS WELCOME.

 

Await claimant reply.

 

SHERLOCK

[thunderpuss2k]

Eh, I'm lost now. You filed a defence too? But that letter said you couldn't file a defence until you received details? I guess the court decided to file it as a defence, which saves worrying about that.

 

Anyway, that aside.. sit back and wait. You've thrown a spanner in the works of their master plan, which they weren't expecting.

 

Keep us updated.. looks like BC are about to try it again with me so they must be a bit broke this month or something..

[SHERLOCK]

Took it upon myself to ring the courts.

 

I thought also that the letter was to be used to gain more 'evidence' for my defence.

 

Court lady stated 'no, no, you have filed your defence 'the letter', this has been forwarded to the solicitor concerned and it is up to them to decide their next actions.

 

They have 33 days from receipt of my defence to respond, then it is stayed.

 

Do you feel it is in my interest to S.A.R. NatWest, this account is about 9 / 10 years old?

 

SHERLOCK

[thunderpuss2k]

Leave 'em be, if there's any information you need from Nat West it'll come out in the wash if it gets to a full hearing.

[SHERLOCK]

No probs, won't hold my breath

 

SHERLOCK

[SHERLOCK]

Hi all,

 

Received this morning from courts:

 

Dear sir/madam

A defence has been filed on this claim. An allocation questionnaire is enclosed to complete.

 

Received zilch regarding letter above to BC& Co.

 

I now need some advice as to my defence??

 

Although I originally requested info to aid my defence, how does it now stand that they have not contacted myself at all,

 

Regards SHERLOCK

[SHERLOCK]

bump;)

[debt_mountain]

Sherlock

 

As the court is asking for the AQ, can you not now request a stay as they have not provided the required information to allow you to make your defence? Even though they beleive the defence to be in.

 

You could fill in the AQ, it doesn't cost you (the defendant) anything to file it.

 

In the other info box fill in as much info about the missing info, no response to your letter etc.

 

Ask the court what they recommend.

 

Someone else on here will know how to ask for a stay? not sure if it is a form or just a letter.

[SHERLOCK]

Hi,

 

Have spoken at length with hagenuk/courts and I now know where I stand and letters drafted shortly, thank you DM.

 

Will post response at a later date, but will answer questions privately (for now). AQ set for mid Dec. See what comes out in the wash!

 

 

SHERLOCK

[SHERLOCK]

Filed AQ requesting stay pending delivery/non-delivery of documents.

 

Issued CCA and DPA Requests upon claimant.

 

Advice will be sought upon judges decision, TY.

 

SHERLOCK

[SHERLOCK]

Now it is getting interesting!!!!!!!!!!!

 

received letter from BC&Co.....Please find attached a copy of the Notice of Discontinuance forwarded to ********* County Court,

 

yours sincerely..

 

ATTACHED:

 

TAKE NOTICE, that the claimant hereby wholly discontinues this action against the Defendant.

 

We certify that we have given Notice of Discontinuation of proceedings to every Defendant against whom the Claimant desires to discontinue.

 

N 279-Notice of Discontinuance of Proceedings or withdrawal of Part of Claim.

 

Questions:

 

1) what is my next course of action (done SAR & DPA on claimant)

2) this was a joint account.....I assume they could issue against my partner,but with the same result??

3) any other advice.

 

Not sure how or if to push this???

 

SHERLOCK

[payingonlyencouragesthem]

NatWest are chasing me for an old joint account (c£12k outstanding). It hasn't got to the litigation stage yet but I think it will which is why I have been following this thread with great interest. They will now have to write your debt off and will want to sell it to a Thames or Capquest type. You were right to do a S.A.R - (Subject Access Request) as this will legally prevent the debt being sold on. You will just have to maintain a watching brief over the SAR . Hopefully they will default - more than likely bearing in mind the age of the debt (I have got a strong vested interest in that happening:D).

[SHERLOCK]

Hiya,

 

This is not now showing on my credit file as a ccj (although it WAS, i believe they have to renew every 6 years).

Do I wait for S.A.R - (Subject Access Request) and do nothing.

I certainly will NOT be paying a penny 'til I get the info.

I Genuinely cannot recollect the alleged amount or even signing or spending the money and the onus now is on NatWest and how they deal with the situation.

If the documents were in place they would have produced them to back up the ccj or they could just archive the doc's and submit at a later date(if they have them)

BUT if the debt involved large amounts of what are perceived to be unlawful charges and they cover the debt, it may be in their interest NOT to produce.

Either way.........NO DATA = NO MONEY

[djweeble]

Well it looks first of all like they have cancelled the court action against you, for what reasons you can only take guesses........

 

You have issued SAR's against them, so I personally would wait and see what they turn up.

Depending on the totals involved you may find you're better off leaving a sleeping dog lie.

[SHERLOCK]

the court claim was for £4800. Can you ever get closure in this situation? Would it be a case of leaving it and wait and for how long?

I understand they cannot enforce without going to court, but can the debt be legally written off if they don't comply to the SAR/CCA or is that a separate issue?

Didn't want a letter in six months starting this all over again.

 

SHERLOCK

[djweeble]

Neither the SAR or CCA failure get a debt written off, however, you have a letter from them stating

 

TAKE NOTICE, that the claimant hereby wholly discontinues this action against the Defendant.

 

Plus a copy has been filed with the court, I can't see any judge allowing them to re-start the proceedings with this as evidence against them.

[NailPost]

Carters paid for filing the claim and they withdrew - do you have any costs associated with this matter - time, solicitors, postage costs etc. That wouldbe worth pursuing if only to use as a lever to get Carters, NatWest etc to completely and utterly close the file for ever.

 

If you have served a SARN it must be responded to, it is unconnected to the court action, so if this is ignored that must be reported to the Info Commissioner. Further cause for leverage in that instance.

[SHERLOCK]

With Regard This Claim, Obviously Time Researching, Filing Letters, Printing, Recorded Delivery And As A Consequence The Sra And Cca Requests And Distress This Has Caused.

All Postage Recorded.

 

IS THERE A LETTER TO ASK THAT THE ALLEGED DEBT BE WRITTEN OFF?

[djweeble]

Why not simply write to them confirming your reciept of their letter dated XX/XX and asking for clarification.