Sheff utd V Nat West

[sheff utd]

Hi All

I've been an avid reader of many threads on here, I thought I'd let you all know about my claim and where its at, I'm claiming about £13.5K,I was awarded judgement in default in March because natWest didn't defend, i waited about 10 days and put the ball in motion to execute in the high court, meanwhile i received a letter from Cobbetts stating that the bank hadn't received the claim, and asked for the judgement to be set aside to prepare a defence, and the demanded i filled the part 18 in, I decided to acknowledge receipt of the letter and stated i had already sent all the relevant paperwork to Bishopsgate,I figured that only the court can overturn the judgement so i would sit tight and wait for the high court writ to be processed, i suppose i was hoping the courts would see sense and decline the setting aside petition as they have never defended yet, on the 14th of April i received a letter from customer service, Stuart Higley offering me £9k, again I've ignored this, on the 16th i was notified by the sheriffs office in London that the writ was issued and would be executed over the next 7-10 days, i have not seen any threads similar to my situation, if any one knows of any could the point me to them, i would dearly love to be with the bailiffs when they attend, also does this mean I'm close to the finish line or could they still get the judgement stayed? i would welcome any info from any one. regards

[fendyweather]

Bump for a mod or Nattie ????

 

Fendy xx

[hedgey06]

Bump again........... anyone????

[sheff utd]

Hi Again

Not much interest on this thread! but I'll post whats happening anyway, it may help someone later, as i said earlier i had not read a thread where somebody has actually executed a high court writ and been successful until i read a few of the other banks threads and ironically a Sheffield couple sent bailiffs in to a branch in Bradford i believe and not only did they pay up but paid in cash as the bailiffs involved would not accept a cheque.i have received a letter from the county court that a hearing to have the judgement set aside is to be heard on the 30th of April and that i must attend, seeing as the same court passed the judgement on the high court on the16th and the writ is due to be executed,this seems to be getting rather messy, any one got any thoughts, again all advice would be very welcome.

[Guest NATTIE]

Do not contest the set aside is the advice, if the bank want to pay more in legal fees and also more in interest to you then so be it.

[sheff utd]

update, Judgement set aside, no costs allowed to banks barrister, allocated to fast track,pt 18 by 29th May, documents by list by 25th June (bank requested 2 months ),inspection of docs by 9th of July Witness statements to be exchanged 23 July, pre trial checklist by 6th of Aug, pre trial review hearing 13th Aug, Trial window 1st -19th Oct, I am going to need a little help along the way, Is the pre trial review hearing a normal sort of thing to be in the directions, the judge mentioned the fact that no trial had yet come to court on more than one occasion,he said he wants all party's "back in front of him" on the 13th of Aug. is the documents by list the court bundle? any one care to advise.

[sheff utd]

Thanks to the help of Michael Browne I'm back on track. I need to make an amendment to my POC by using form N244 which i've done,I've also done the new spreadsheet of charges, but I'm not sure if i need to fill a new POC N1 in or not, and do I send a copy to Cobbetts or leave them at the court. I know Mr Browne is a very busy chap so i'm hoping you very helpfull people can help me with this.

[Michael Browne]

You need to submit 3 x N1 with the amended value, there's no need to amend the POC's unless they are insufficient. Just fill in the N1 exactly as you did before, any amendments should be iin red or underlined in red.

 

Send the 3 x N1 + 3x schedules +N244 + £35 fee to the court. They will send 2 back, 1 of which you serve (send) to Cobbetts and confirm to the court you have done so.

[fendyweather]

Hi Sheff Utd. Right here goes............... on account of you are amending using N244 I would have thought its easier all round just amend the N1 rather than the POC, just put the amended values in and copy x 3, one for court, one for you of course, and one for Cobbetts. By amending your POC that should cover you. And no need to resubmit POC, just N1.

Dont worry about anything. I take it, its fast track ?? Famous last words

 

YOU HAVE NOTHING TO FEAR FROM FAST TRACK, YOU HAVE NOTHING TO FEAR FROM FAST TRACK. THEY HAVE TO DISCLOSE THEIR TRUE BREAKDOWN OF HOW THEY ARRIVE AT THE CHARGES, AND LETS BE HONEST, WE KNOW THEY CANT DO THAT UNLESS OF COURSE THEY HAVE A NEW TACTIC IN THE WINGS.......... which I sincerely doubt. Not yet Im sure. But maybe later in the year I can see it being a possibility. I mean, the lady at Cobblers gave a little more away to me than she should really, by talking about them actually looking towards a test case in the not too distant future. But I think for now, youre ok.

 

Best of luck, Im thick as two short planks and Im ok with it all, so you will be fine. Lol xxx

 

Looks like most of it has already gone your way anyway, Lol Lol. Keep karma on your side mate. All the very very very very best.

 

Fendy xxxx

 

Im in exactly same position as you. Standard disclosure by list by 26th June and then inspection by 10th July. Dont panic. We will get it through it, if if even gets that far. You might find you have cheque for the balance before your disclosure date. I will keep an eye out for ya, intrigued to see what happens next, Lol. But I think probs a cheque. I hope so anyway.

 

 

Fendy xxxxx

[fendyweather]

Oops, a bit late there, the lovely Mr Browne, to the rescue. As usual. Lol Lol Lol xxx