NatWest/Incasso claimform - business OD + Business Loan

[Orchid47]

Thank you Andy, will keep you posted.

 

Dont suppose you could help me with my "Barclays just sold my debt" post as well????????

 

It never rains but it pours and I've even a post that Martin was looking at for me on PM (I emailed him a document direct (he agreed to this) as I didnt want it being publically available re British Gas but hes not responding)??????

[AndyOrch]

I have subbed to that thread Orchid ,will ask Martin to contact you.

 

Regards

 

Andy

[Orchid47]

Hi Andy,

I've got another question:

The AoS form needs to be returned by the 4th of Sept, but if I'm sending recorded letters today, the chances are that I won't have received the information that I need before the 4th Sept.

The AoS form has 3 options;

1. I intend to defend all of this claim

2. I intend to defend part of this claim

3. I intend to contest jurisdiction

 

Which option do I go for without the information?

[AndyOrch]

Only you know the details and history of the accounts Orchid if you think you have a valid defence then defend all if not admit and propose a payment plan.

 

3. is not applicable.

 

You have 14 days after AoS to enter your plea you are just acknowledging for now.

[Orchid47]

Ok please can I ask what "The assignment" means????

[AndyOrch]

The sale of a debt from the original creditor to a a DCA/Buyer assignor to the assignee.If your debt is with Incasso then its still with the OC and not been assigned.

[Orchid47]

AoS submitted today, please can you just confirm if I have to enter defence today?

[AndyOrch]

No Orchid you have a further 14 days if you are defending.

 

Regards

 

Andy

[Orchid47]

Please can you advise-

I sent the SAR request and have received a letter from Natwest saying the signature on the SAR request did not match what they had on their records. The signature signed was as advised not a true signature so they couldnt copy it.

What do you advise?

[BRIGADIER2JCS]

Have you in fact changed the style of your signature?

You had no need to ''fake'' signature on a SAR, NatWest

have for once acted correctly by not complying with the

request with this signature so you will need now to provide

your usual signature.

[Orchid47]

Thank you

[Orchid47]

Please can someone help urgently.

 

Went into Natwest bank a week ago last Monday and confirmed signature. In the meantime AOS was submitted on the 4th Sptember expecting to have received the SAR docs back from Natwest. These still have not arrived as they said they would not send the until the signature was confirmed and nothing has arrived in the post this morning.

 

I think the deadlne for responding to the AOS is today to file the defence?

 

How can I do this without the paperwork?

 

What should I do? Should I ring the court?

 

Thank you

[AndyOrch]

Calm down Orchid Defence is due Wed 19th September.

 

Regards

 

Andy

[Orchid47]

Thank you!

Sorry for panicking

[AndyOrch]

Date of issue 17th August + 5 days for service = 22nd August + 14 days to acknowledge (this can be done online) 5th September + 14 days to submit defence = 19th September.

 

So its this Wed Orchid ... not a problem.

 

Regards

 

Andy

[Mike_hawk]

Orchid

 

Try the following to chase the SAR.....

 

From: Tudor, Joyce \(Retail Compliance, UK Retail\) RBS.co.uk>

0131 626 1669

 

From: Mackenzie, Margaret (Risk, UK Retail) [email protected] .uk

0131 626 0734

[AndyOrch]

Orchid the defence date was wrong I am just posting this to trigger an email conformation that your defence is due tomorrow.Please respond ASAP.

 

Regards

 

Andy

[Orchid47]

Andy I'm really sorry I've only just picked this up as I've been at work all day.

 

I'm really confused by what you just said. Do I need to file the defence tonight? And if so how can I do that without the SAR?

[Mike_hawk]

Hi Orchid

 

Defence needs to be in tomorrow by 16.00hrs. Andy usually looks in on here late evenings during the week so check for any new posts.

 

I believe it would help if you could satisfy yourself that they are def both business accounts, whether they were operated solely as business accounts and whether any/either named account holders were individuals or business names. Also check your records to confirm whether you or your OH provided any personal guarantees on either or both accounts.

[AndyOrch]

Hi Orchid

 

No problem in PMing me that's what we are here for. There is nothing wrong in amalgamating 2 debts except that their pleadings will become rather complex and difficult to explain as would your particularised defence in responding to 2 debts with 2 set of T&Cs.

However as you are still not in possession of the paperwork relied upon within the claim then you have no alternative but to submit a holding defence merely as to to stop judgment by default (ie no default entered in time).

You need the paperwork to substantiate the amount claimed and question the level of interest accrued to said claim.

 

I will post a short holding defence which you may use and edit if needed shortly.

 

Regards

 

Andy.

 

I will post this response also on your thread.

[AndyOrch]

Defence

 

1. Paragraph 1 is nether admitted or denied with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') the Claimant has yet to disclose any Agreement.

 

2. Paragraph 2 is noted with regards to termination of the alleged contractual Agreement , the Defendant has no knowledge, therefore the Claimant is placed to strict proof there of.

 

3. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4.The defendant has requested in writing for disclosure pursuant to CPR 31.14. The claimant has so far failed to comply with this request.

 

5.The defendant has requested in writing for disclosure pursuant to the consumer credit act 1974.(only if applicable)

 

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Edit to suit and submit vis a MCOL (print your receipt as proof of input)

 

Regards

 

Andy

[Orchid47]

I have accounts with Nat West who passed my file to Incasso LLP.

 

Just received a letter to say my file has been passed to Corbetts LLP?

 

Why would they do this?

 

Very confused

[renegadeimp]

Looks like solicitors for hire.

[Orchid47]

Looks like solicitors for hire.

 

 

Yes it does, but why would one LLP take it on and then pass it to another???

[renegadeimp]

Maybe its a bad debt. There could be a whole host of reasons, however, we know nothing about the debt/accounts.