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    • hey your doing fine, stop sweating, it's really no big deal, you need to understand you are what is classed as 'a litigant in person' - meaning joe public against what can be seen as a somewhat daunting judicial system, that is too your advantage.   IMHO thats just a reprint of your defence, it might be better to structure around something like this, whos basis is around the WS in the thread i pointed too.         WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX                                                                                                                                   Defendant: XXXXXXX                                                                                                                               Date XX/XXX2019 IN THE COUNTY COURT AT                                                                               CLAIM NO:XXXXXXX XXXXXXXXXXXXXXXXXXXXXX     BETWEEN     XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX      CLAIMANT     AND XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX     DEFENDANT    1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   I accept I have in the past had financial dealings with {insert original creditor name]. That being a Loan Agreement . I do not recall the precise details of the agreement but do recall it was on or about the year xxxx.   After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request    exhibits   (DOC 1) A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent xx/xx/xxxx via Royal Mail signed for and shows as received xx/xx/xxxx. Request for the following :   1.a copy of the default notice served under section 87 of the consumer credit act 3. Notice of assignment 4. A statement of account   (DOC 1A) To date NO default notice been produced.    (DOC 2) A Section 77 request was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant to date has failed to comply to my Section 77 request.   the defendant has failed to produce a copy of the Default notice issued by the original creditor,  as far as I can recall any breach with the original creditor would have been on or around xxxx.   The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment.   (DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx   The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the defendant.   Conclusion   I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce litigation action.     I also state NO VALID Default has been produced from the claimant.   I believe that the that the facts stated in the witness state are true   ..................   have you received the claimants witness statement yet...   the above is just musings...    
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    • Hi I know you are a busy site but I have posted the last few very important messages as I will be in court in the next few weeks   as you can see time is of essence and I have had few cryptic replies of look for your self messages which I have tried to work out about new guidance on statement of truths but this is not something that I am familiar with   yes I understand this site is not here to spoon feed everyone but sometimes it feels like a cap in hand approach. I have not had any feedback as to whether my statement is going to stand or if it will be thrown away by the judge?   I wish I had the knowledge of all you guys that assist everyone in their time of need who ask for the guidance that is readily available here but unfortunately it’s not the case sorry.   If anyone could advise on my post it will be very much appreciated.   Thanks G
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Ruth vs NatWest - not sure what next??


msrlmoss
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Does anyone have any idea what timescales I'm looking at now, and what's likely to happen next? :confused:

 

I put on my AQ that I didn't want to go to court any time two weeks either side of May 27th 'cos that's my EDD, I'm just paranoid that I won't hear anything until near the time I'm due! :eek:

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The AQ dates that you have given them are fine. The timescales depend on the individual court and the workload that they have.

 

I can assure you that if you mentioned pregnancy on the AQ they will avoid any dates within several weeks either side of your EDD as delivering babies in court isn't really a goer and as natural as it may be - nor is breastfeeding. You could probably write to the court and extend the "unavailable" window cos lets be fair, babies come when they are ready not when you expect them.

 

That said - look after baby - you won't be going to court.

Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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  • 2 weeks later...

Sorry to be a right royal pain but I am starting to panic now. I've heard nothing from the courts about a date, and it's ages since I sent off my AQ! Should I phone the court do you think? How long does it normally take from sending back the AQ until getting a date? Arrgh!

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It certainly wouldn't hurt to phone the court.

 

It does seem to vary between claims on what timescale they settle at, but you are certainly at the latter stages now so shouldn't be too long.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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  • 3 weeks later...

Well for the last two days, I've been on the spend! Yes that's right ladies and gentlemen, buying much needed baby equipment and stuff for the nursery.

 

With what money?

 

Well, with money from NatWest.

 

So far so good, you're thinking.

 

Well, not quite.

 

I got a letter directly from NatWest, offering to pay a "goodwill gesture" of £2011. The bank charges, essentially. Well given that only a few weeks ago I'd been told by the courts that I wouldn't get a hearing until May, and with a baby on the way, and me getting bigger and bigger, I'm afraid I caved in and accepted the money. I did think for a moment about holding out until they paid the charges and the court costs, about £220 all together, but with a baby on the way and we hadn't even bought half the essentials and with me due in four weeks and not even enough to put in a hospital bag?

 

Well, I accepted.

 

So far so good; the money came through and I have been stocking up on essentials with a list of a few things left to spend (including a donation, of course, to this lovely site!), and yesterday I sent a letter to the court to cancel my claim, copying in Cobbetts.

 

Except that this morning I went to the sorting office, on the first day of my maternity leave, to pick up a special delivery that had arrived while I was still in work, from about two days ago.

 

In it was a letter from Cobbetts and a cheque, for the full amount of the charges, plus the court fees. :eek:

 

So what on earth do I do now?

 

I sincerely doubt I could get away with cashing the cheque as well, even though it does seem to be a case of the "left hand not knowing what the right hand's doing", because a letter is either on someone's desk at Cobbetts, or winding its way there now, to say that I've already been paid.

 

And also, throughout all this, all I wanted back was my bank charges. I'm not dishonest and would actually feel guilty if I did that and ended up with two lots of money. Not to mention the fear of being found out!

 

But an extra £200-odd quid in the court fees? That's gonna come in handy!

 

What do I do?

 

Do I sent the cheque back to Cobbetts and miss out on the extra £220?

 

Do I cash the cheque, then send NatWest a cheque via Cobbetts for the £2011?

 

What should I do next?

 

Oh, and - hey, it worked! I got my bank charges back! :) Thanks everyone!

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msrlmoss

 

i have read something similair before on this site and the advice then was unfortunately that you should send the second cheque back - they will invariably 'find out' when you least expect/need it

 

perhaps a site helper could err.....help? maybe send them a message directly

 

congrats on the cheque btw and imminent baby

 

Sod

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