Nat West and Shoosmith

[Karma14]

Hi am new to this site so hope i am doing this correctly

Went to court 3 weeks ago where judgement was served against myself and husband

we did ask for original contract for loan and overdraft , but only got photo copies

But the Judge did honor are request for original contacts

 

only recieved N24 General letter of judgement or order

 

So what happens next, it is a large amount of money and do own property,

[citizenB]

What does the Judgment letter say in respect of payments ? I will try and find someone to help

[Karma14]

I have only had N24 form with amount of debt and date or court hearing nothing else thanks

[Ganymede]

Is the judgment for payment "forthwith" or was it set by the Court as instalments?

[Karma14]

[ATTACH=CONFIG]52873[/ATTACH]

 

This is the copy of N24

[Ganymede]

Can't read that sorry.

[Karma14]

sorry about that it shows date went to court

the claimant Nat bank,

and the defendant me and my husband ,

the court we attended

 

IT IS ORDERD THAT

SUMMARY JUDGEMENT FOR THE CLAIMANT IS THE SUM OF £28 k

DEFENDANT PAY CLAIMANTS COSTS OF ACTION SUMMARY ASSESED £2K DATED COURT DATE

 

And i have been waiting thinking i am going to get a payment plan

or where and when to send payment,

obviously i have not got that sort of cash to hand

[Ganymede]

Waiting won't do anything.

 

You need to apply to the Court to pay the debt by installments.

[Karma14]

thanks

[AndyOrch]

Obviously you defended the initial claim...was you aware that they had made application for Summary Judgment...did you respond and object with a Witness Statement?

 

Regards

 

Andy

[Karma14]

ok spoke to court this morning ,

 

 

they informed us to contact claimant to setup payment plan,

 

 

we have spoken to claimant

 

 

they are sending out income and expendure form,

 

And they have informed us that they have applied for a charging order,

 

 

how can i stop this please advise

[Ganymede]

You'll struggle to stop the Charging Order whilst the CCJ remains.

 

I wouldn't deal with the Claimant but instead ask the Court at the Final Charging Order hearing to set an affordable instalment rate.

[Old Cogger]

Obviously you defended the initial claim...was you aware that they had made application for Summary Judgment...did you respond and object with a Witness Statement?

 

Regards

 

Andy

 

 

..

[Karma14]

yes attended court

[Karma14]

We contacted court and they informed us it would cost to go through the court

[Ganymede]

We contacted court and they informed us it would cost to go through the court

 

If the Claimant had already applied for a Charging Order then there will be a hearing. A this hearing you can ask for an instalment order alongside the Charging Order.

 

That way the Charging Order sits on your property and the Claimant cannot take any further action as long as you do not default on the payments.

[Karma14]

Just thought i would post rundown on ev3nts

 

Joint account for alleged overdraft and 2 loans with Nitwest

 

3 letters an estoppel in August 2013

 

Then Triton . estoppel

 

Then Shxxsmiths solicitors on behalf Nitwest .

 

 

in October 2013 wrote re 5 alleged debts only upon receiving court claim form = noted 2 alleged debts had zero balance.

 

 

They started court proceedings.

we defended claim in Jan 2014 .

Not much to Defend as had nothing from Nitsest except threaten letters

We had not received any evidence till

 

 

April 2014 where upon received copy of alleged loan agreement.

And Copy of Statement of bank account.. .

 

Then they dropped one alleged debt in June for 8k

 

 

.Court trial should been October14 but ****tys did strike out and went to court end july.

 

Judge ignored estoppel. said copy of loan ok ( as consumer credit act 77 ).

 

Re bank account Statement .

We recieved witness statement day before court .

confirming account opened jan 1987.

Had not had joint account

did not even know my husband then.

 

 

Judge grumbled should have sent earlier with defence explained only recieved yesterday.

had took marriage certificate but total wast of time.

 

Tried to explain photocopy of loan agreement page 2 parts of some of the text font size and type was different .

 

Also statement bank account only showed active in 2009 then just payments in

( which where from IVA i think C.M.S. showed payments ) from till 2012. Judge did not give us a chance*

 

Judgement served. Recieved Judgement

 

rang court they either pay all £28k or contact claimant to make payment plan.

 

 

my husband rang ****tys .

they told him asking for charging ordèr on housr and send income and expense

 

hope that makes sense.

 

 

Any advice

Edited August 28, 2014 by Karma14

[Karma14]

Sent N244 to court to get judgement struck out ,

 

 

Had a reply from court ,

the same judge who served the judgement - responded out of time.

 

Judgement served 1st August 2014,

 

 

sent N244 to court 12thSeptember,

 

 

Is this correct

[Ganymede]

Sent N244 to court to get judgement struck out , Had a reply from court , the same judge who served the judgement - responded out of time.

Judgement served 1st August 2014, sent N244 to court 12thSeptember, Is this correct

 

What exactly happened originally?

 

Was it a full hearing or an application by the Defendant for summary judgment?

[Karma14]

Shoosmith where taking us to court

should have been october but they applied for strike out ,

 

 

went to court

Judge ignored everthying that we said,

 

 

they was a joint bank account that alleged opened in jan 1987 ,

but was not even married till 1992.

 

 

And alleged loan whch was a shoddy photo copy of a loan agreemnet in 2008

which looked like it had been tampered with as different fonts used on part of loan agreement no loan number on

 

As we have been asking for over 1 year for a original to inspect at court,

Judge did grant us that we could inspect original ,

but would not effect his decision on judgement.

 

We have asked Shoosmith but they have chose to ignore, hence sending N244

[Karma14]

been to strike out court with shoosmiths on behalf of natwest

 

Got a payment plan which set up straight away which they have agreed,

although they have informed us are putting charging order on house

 

Now we are paying direct to shoosmith - WHy?

 

Also have received letter from land registry re interim charging order, WHy ?

 

I thought they could only apply if C O if no payment plan set up

[BRIGADIER2JCS]

been to strike out court with shoosmiths on behalf of natwest

Got a payment plan which set up straight away which they have agreed, although they have informed us are putting charging order on house

Now we are paying direct to shoosmith - WHy?

Also have received letter from land registry re interim charging order, WHy ?

I thought they could only apply if C O if no payment plan set up

 

 

The CO is to secure the loan should the payment arrangement fail.

[Karma14]

So will we be going back to court for the Charging Order or is this only if we fail payments?

Thansks

[Karma14]

Also can the same Judge who gave judgement, reside over and make the decision over a N244 ? thanks

[BRIGADIER2JCS]

Also can the same Judge who gave judgement, reside over and make the decision over a N244 ? thanks

 

 

Do you have another thread with this debt?