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total confusion over Court Orders - help needed


mikhug
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First I should point out that I'm mikhug's mother acting on his behalf because mikhug suddenly had a work commitment abroad. He wrote to the local county court before leaving to ask if they could postpone his case until the 27th August, or if they couldn't he was authorising me to act on his behalf.

(This was at the stage when the Northampton court had written to say that his case was being transfered to them and the allocation questionaire dispensed with unless ordered otherwise. Cobbetts had filed a defence which included reference to CPR part 18 and the usual blurb about the claim not being particularised etc. Mikhug had responded to Cobbetts with the particulars of his account and the charges (already sent previously!) and his letter said the CPR pt 18 is excluded under part 27 and is intimidatory etc. He later sent a nudge letter indicating willingness to settle out of court.

The court responded with an Order dated 22/6 that :

the defendent responds to the Claimants request for further info under CPR pt 18 by the 22/8/07 and in default the claim be struck out. (they appear to have got it the wrong way round - the Claimant should respond to the Defendent).

and Upon compliance with para 1 of the Order the claim be stayed for 1 month for the purpose of negotiations with a view to settlement.

 

I breathed a sigh of relief but then, I had another court Order saying that without notice and considering a letter from Cobbetts dated the 5th July 'Ex parte the Order of the 22nd June be set aside', this order being made on the courts own intiative. If I object I can make an application for it to be set aside, varied or stayed within 7 days of receiving it.

 

Cobdens letter to the court said that Mikhug had failed to reply to their request for further information. Could you advise me please - I'd hate to see my son lose his claim of £1800 because he's away for 5 weeks but am unsure of how to respond to the court.

Many thanks Mikhug's Mum

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I have asked a moderator to advice.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Ok, from what I can gather here the Court made an order that suggested that your son served a CPR Part 18 request on the bank, whereas, what he did was respond to the CPR Part 18 request from the bank.

 

The Court then issued a further order that set aside the first order.

 

The first order was incorrect, it stated that the Defendants (the bank) must respond to the Claimant's (your son) request for a Part 18 order, which he did not make.

 

Have you seen the letter of 5th July that Cobbetts sent to the Court?

 

Perhaps Cobbetts wrote to the Court as they did not want to comply with the order that the Court issued on 22 June? Furthermore, did the first order really give them until 22 August to comply?

 

Nothwithstanding this of course, the order is now set aside so none of what it says matters.

 

If you want to object then you need to file an N244 by tomorrow, but quite what you want to object too I am not sure.

 

It would appear that the claim is going to progress as it should, now that the order of 22 June is set aside.

 

You should telephone the Court tomorrow, quote your son's claim number and ask the clerk for an update as to what is going to happen now. They should be able to tell you - then if anything is unclear, come back and ask.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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  • 2 weeks later...

I phoned the court as you suggested and on the clerk's advice wrote to say that my son want to continue the case to a hearing.

The court really did give them till the 22nd auguust to reply! I did see the letter that Cobbetts had sent on the 5th July and they claimed that my son had not replied to their request under CPR18. I pointed out to the court that he had replied to their request by stating 'the CPR pt 18 is excluded under part 27 and is intimidatory etc.' response.

Now Mikhug has today had a demand from Natwest under the Consumer Credit Act demanding that he repays the full sum, his overdraft facility will be cancelled on the 2nd August and they intend to file a default to recover the debt if its not paid within 28 days of the letter.

Have any others in the reclaiming process had this response in the last few days?

 

Thanks

Mikhug's mum

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NatWest haven't been very retaliatory lately. However, this appears to be basic retaliatory action on their behalf. Your son needs to send them this letter Account_in_Dispute as while the account is in dispute, they shouldn't (in theory) be able to default the account. And hopefully, the charges he reclaims from NatWest will be sufficient to pay the overdraft and therefore stop any default action taking place. He should also consider making a complaint to the FO due to their retaliatory action. Financial Ombudsman Service FAQs about our complaint form Financial Ombudsman - a recommendation

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Also, in addition to the above post - tell your son to consider contacting nat west to negotiate monthly repayment of the overdraft as opposed to paying it all off in one go. They may still use his reclaimed charges to offset against the overdraft (and they do have the right to do this) but at least it might stop them defaulting him.

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No problem - I think you'll proabably find this post from Bookwork (on another thread) really useful too:

 

Quote:

If the bank tells you to repay the overdraft in full, don't panic.

 

Work out how much you can repay per week/month without leaving you in financial dire straits. Write to the bank telling them that you can not possibly repay the o/d in one go, and that you will pay back £xx per wk/mth/4 wks/whatever until o/d is cleared. Also remind them that as the account is officially in dispute, you expect them to comply with the Banking Code, and that they can't pass it to a DCA or default you until the dispute is settled.

 

Enclose 1st payment in letter. If they cash the cheque, it will be all the harder for them, in the case of future argument, to explain why, if they didn't accept the agreement, they cashed the cheque. You need to say in your letter that this is the best you can do, and if they are not happy with it, they can and should take you to court and ask a judge to decide what and how much you should repay. Oh, and demand that they freeze interest onto the debt until it is paid off. (they probably won't, but it is aways worth a try)

 

Here's the news: The bank doesn't want to go to court on that either, for the following reasons:

 

a) Like the rest of us, they have a duty to mediate outside the court system. If you have made a reasonable offer, a judge will not take kindly to them litigating.

 

b) Depending on what you offered to repay and what your existing debts are, a judge could well decide to award them LESS than what you have offered to repay in the first instance. Because a bank o/d is not a "necessary" debt, it is at the bottom of expenditure, and before a judge decides how much you should repay the bank, he'll look at all your other outgoings, mortgage, food, electricity and so on... Then, on a sliding scale of importance, until it gets to the overdraft... And since you had made an offer of repayment as it is, and kept to it, he is not going to put the bank very high in the order of priority. And the bank knows this.

 

The 3 important things to remember are these: Enclose 1st payment with your proposal. Keep up the payments. Don't budge once you have made your proposal, no matter what they say.

 

In all likelihood, when you win your charges back, they will pay them against the o/draft. Fair enough. Think of it as one less debt hanging around your neck on the way to financial recovery.

 

Sound advice from Bookwork - and it may do the trick with nat west too!

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I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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