nat west loan and court action

[miliitant]

Re: nat west loan and court action

i am going to pm you my email address

send as an email attachment

[miliitant]

Re: nat west loan and court action

PLEASE UPDATE YOUR THREAD WHEN YOU CAN

WHEN THEY GET THAT APPLICATION NOTICE, THE CRAP WILL REALY HIT THE FAN

[brummie]

Re: nat west loan and court action

ok thanks and will do....



lol

[miliitant]

Re: nat west loan and court action

for people reading this thread

the application i posted above goes to the court that issued the N1 county court claim, not your local court

the court is normally northampton bulk centre



Northampton County Court Bulk Centre

Address: 4th floor, St Katharine's House, 21-27 St Katharine's Street, Northampton, Northamptonshire NN1 2LH
Phone: 0845 408 5302
Fax: 0845 408 5304
Email:customerservice.ccbc@hmcourts-service.gsi.gov.uk
Regions Covered: England - Midlands
DX 702885 Northampton 7

[miliitant]

Re: nat west loan and court action

BRUMMIE


The reason you are requesting the Deed of Assignment and not the Notice of Assignment is that you want confirmation that the account was assigned either by Equitable or Absolute (Legal) Assignment. That gives proof that the new creditor can take action in the civil court under their own name as to Law of property Act 1925. The key point is that you are entitled to see it to confirm the assignee has good tital, and on what basis the Assignment was made

(Van Lynn Developments v Pelias Construction Co Ltd 1968 [3] All ER 824).

Holwell Securities Ltd v Hughes - [1973] 2 All ER 476

[brummie]

Re: nat west loan and court action

Thanks Militant...

Am i on the right track, here. Are we questioning if the claimant has "passed on" the claim or "instructed the solicitors to pursue the claim?"

[miliitant]

Re: nat west loan and court action

i am sending you a pm for you to do your own research as well

i do not want to put to much onto an open forum for obvious reasons

[brummie]

Re: nat west loan and court action

Hi to anybody that may have been watching this post.
This is basically an up-date, as i stayed off the post when it was decided to take it to court, for obvious reasons......

I appealed to the court via a CPR 31.14, and was granted a hearing. I also filled N244. Unfortunately for me, the amount of time it took for both CPR and N244 to go through the system at Northampton basically made a mockery of using them as time critical documents. Although the judge took into consideration both applications, the time that had passed along with the fact that the courts had not even forwarded the N244 to the claimant's solicitors only alowed more time for the claimant. The judge ruled that certain parts of the CPR request were to be up-held, and ordered that the claimant provided the documents by a date set early January, but this was only prolonging things. As a parting statement the judge suggested that both parties should look to discuss the matter with a view of closing out of court. I took this opportunity, and we settled on a mutually agreed amount that i would pay, and also re-payment terms. It has basically worked out that the debt has been reduced by 50%, and as i had never denied the debt but challenged the amount of ridiculous interest that had been applied, i found that this figure was acceptable. It would have cost a great deal more going to court, with loss of earnings and costs.
I am of firm beleif that the court system has failed me, to a certain extent, by not handling the applications in time. Had the CPR request, and later the N244 been processed in an acceptable amount of time, the case would have been without doubt struck as the claimant failed to provide the information requested,even after his own extention of time date had passed. If anybody is reading this thread with a view of taking similar steps, may i suggest you do the following;
*In making an application to the court, make sure you address it to the right section. These cases are being ditributed between courts. Sending my stuff to Northampton bulk centre only caused delay, as by the time they processed it and sent it to Manchester, 3 weeks had passed. I would strongly suggest using the electronic system that is available. The courts have a massive back-log in their work at the moment, and i got the impression that they are trying to do away with the pen and paper system....
*Once you have filed your application, make sure that all parties that need to see it actually do. Relying on the courts may not be the best way, if your app is to be time critical. Make sure your document trail is signed for and reaches where it needs to be. My docs were tracked as being received by Northampton on 1st october and the fee for the N244 was cashed on 29th october....the application was time and date set to 12th october.
The whole scenario is now coming to a close, thankfully. The whole episode has been a drain, as obviously worry and sleepless nights acompany any such situation. As a total stranger to this forum 12 months ago, i have learnt that the average Joe such as i can challenge these organisations, making them think again. The advice and support i have received from the Beagles has been brilliant, and the hard work they put into this forum remarkable. Thanks guys.....

Regards

Brummie.

[TUTTSI]

Re: nat west loan and court action

ahhhhh Brummie I am so sorry it did not work out for you. We always try but unfortunately the Judges are often swayed by the larger organisations who have baristers and a legal team at their disposal. My heart goes out to you hun and hope that which ever way you go whether back to court or to try and come to a negotiation with the bank so that you can dispose of this matter to a satisfactory conclusion.

The fact that the judge thought the fees were too high gives you some bargaining power to base your negotiations on and the fact that they never sent the statements that you requested. Maybe for both sides it is not worth the effort to going back to court so an offer of settlement in full and final might be worth considering to take into account the fact that they never produced the documents that you so rightly needed before they took court action and that the fees were too high as per the Judges comments.

You did your level best and the fact that you stood up for yourself is to be admired.

Tuttsi x

[Bill-K]

Re: nat west loan and court action

Hear, hear, Tuttsi.

I personally believe that the courts are not dispensing justice these days, because they are now having to deal with the huge number of personal Litigants who have 'wised up' to the system - thanks to these forums. There now needs to be a change in the way that cases are dealt with, I reckon. I think Brummie's agreement to a 50% settlement is a good call under these circumstances.

But - as in many of these cases - THAT is not always the end of the story.

Am I right, or am I right, Arnie ?

[brummie]

Re: nat west loan and court action

Bill, you are right. This particular argument is over, leaving the way open for the next.....watch this space.

merry christmas RBS.....you will be hearing from me in the new year.:santa_smiley:

[TUTTSI]

Re: nat west loan and court action

What about mer am I not right.....

Bill, you are right. This particular argument is over, leaving the way open for the next.....watch this space.

merry christmas RBS.....you will be hearing from me in the new year.:santa_smiley:

[brummie]

Re: nat west loan and court action

I won't put it up on here, Tutts, as this thread had over 1,500 hits when it was busy. Never know who's peeking, now do we?:santa_smiley: