Default against Natwest

[HarryJackson]

Can i ask, if I make an application and a hearing is set, and the other side says " we do not oppose, but we do not agree to pay the costs of the application," does that mean it will be a simple formality to get the application accepted at the hearing? Also, if I ask a Defendant after an application hearing is set, if they oppose the application, and they ignore me, what does that mean exactly?

[R0b]

Usually but not always. Judges have discretion whether to to make an order even if the parties agree or don't oppose it. Indeed there have been cases over time where judges have not allowed the application in those circumstances.

As to your second question, it means nothing. The can still choose to oppose the application or not on the day of the hearing. You should prepare as if they are going to oppose but if you don't, that falls on you.

[HarryJackson]

Thanks R0b*. As to the party that state they do not oppose, if they then oppose at the hearing, can I tell the Judge that they have misinformed me and use to my advantage?

[R0b]

Sure but I wouldn't suggest they were mis-informing you. Simply explain that the application was based on the premise that they agreed not to oppose the application and you have prepared on that basis - and they gave no indication beforehand that they were going to oppose.*

It is common for parties to resile from a previous position, usually based on additional information or evidence that may come into their hands. Like I said before, always best to prepare just in case otherwise you may have to do your application on the spot without the materials you would have had if you did prepare.

[HarryJackson]

Just sent my evidence for their application hearing to remove default. Should I include a Witness Statement? I was just going to refer to the things I had sent ie. letter before action, ie. other evidence, during the hearing. Their solicitor is asking whether I accidentally omitted a Witness Statement? I think he is fishing.

[HarryJackson]

HELP!!!!!

[R0b]

If you go back and read my earlier posts, you'll notice what I said about opposing the application - you've either ignored what I said or you didn't read what I said, or both.

[HarryJackson]

UPDATE: the application hearing by Natwest for relief from sanctions i.e. the default Judgement, is Tuesday. I put together my evidence for the hearing, including proof of the card reader being sent to my USA address, transcript of my call to Natwest back in January in which they couldn't tell me why they were sending me a card reader for a closed account, and would not log a complaint as I "was not a customer". Also a copy of my pre-action letter to their head office sent back in February (unanswered) and proof of a call from their head office made to me three days before Judgement was entered. Also my Witness Statement, and proof the right entity was served. Spent 8 hours putting it all together last week. Missed a birthday party finalising it all last night before it was due. Two days before it was due to be sent, Natwest's solicitors again got in touch with me. Stated their client just got a copy of the original POC from MCOL, which they had "never seen before." Again they asked me to sign their letter stating i agreed to the Judgement being reversed, or I faced paying legal costs of £1,100 at trial. Told them no. Next day get a letter stating they will pay the £330 originally ordered by the Courts a month ago, and due two weeks ago, as long as I agree to drop everything. I told them no. Made a Without Prejudice offer to settle matters including my time at my hourly rate. Heard nothing since. Spoke to their solicitor briefly on the phone today, who told me Natwest wished to settle, but that "the Court would not allow me to be paid anything other than the settlement amount in the Judgement." Which I know is BS, so I ended the call. Thoughts?

[HarryJackson]

TO REITERATE: I followed all correct steps, and sent my warning letter before action. Natwest emailed me two weeks after judgement, stating their client never received the original POC, and telling me to agree to drop things or face costs of their application asking for relief. I said no, knowing full well Natwest's head office tried calling me two weeks after they were served, and before judgment was entered. Application was made, stating that Natwest never received the Judgement. I have included the screengrab from my phone showing the missed call from Natwest, as part of my evidence. In my Witness Statement, I have stated I believe their application must fail, as they have not offered a sufficient Defence, nor do I think they could, and it is not on to say "we haven't offered a Defence because the client never saw the original claim" because it was delivered by Royal Mail, and the phone screengrab proves someone there saw it and tried to contact me about it.

[HarryJackson]

Oh yeah, and there's this - aint this a kicker? Sent me a schedule of costs for TWO THOUSAND POUNDS with their evidence, before I sent my evidence. £1,000 up to now, and £1,000 for attendance on the day. no doubt to leverage me through fear ("here's what we will do, drop it now so we don't end up spending 2K, and we'll write off the 1 K...") And then they have the audacity to make out on the phone that costs above and beyond the £330 default sum are not recoverable...after seeing my evidence, and my demanding my time be compensated. Sheesh.

[HarryJackson]

Anybody have a second to spare their thoughts?

[HarryJackson]

Could really do with some advice...

[R0b]

Really don't know what you are asking of us, every time you post you seem to have made a decision and/or responded already and then appear to look for some retrospective advice, which doesn't really work. Also, any assistance we give is going to be limited because you only give us limited information to go off.

Also, why do you think the NatWest solicitor is talking BS when he said that you are only entitled to the amount entered on judgment? He is correct (and I told you in an earlier post) that you can't open up the judgment amount and then increase it. Judgments are a means of finality unless you appeal.

By the way what is your hourly rate you are claiming?

At the end of the day, you said from the start that you are confident of winning this and there's no chance for Natwest so there shouldn't really be any issue here, right?

[HarryJackson]

I'm asking if my position, atm, is reasonable in your eyes.

TO SUMMARISE BRIEFLY: I was a Natwest customer until a few years ago. They sent a pin sentry to my USA postal box which incurred costs being automatically forwarded on to me in another country (I thought it was a package I was waiting for, not an unsolicited pin reader). I called Natwest from abroad in January, in a 40 minute call, at a cost of £70, and was told to speak to their head office to find out why it was sent to me, as I had not been a customer of theirs for four years. Head office could not tell me, nor would they permit me to make a complaint as I was not a customer. I have a recording of this call. In the end they actually hang up on me.

Sent my pre-action letter and demand for payment of the postal costs and telephone call costs to their head office in February. The head office, btw, is the address/entity listed on their Natwest pin sentry webpage. Received no response. Put in a claim with MCOL end of June. Received a missed call from Natwest's head office July 8th - I have proof of this missed call. Won the claim by default mid-July. Total was £330.

Received an email from Natwest's solicitor two weeks later, demanding I agree to reverse the Judgement as Natwest had not seen the original claim, or they would make an application that same day. Emailed them back to tell them I did not respond well to such demands, and told them was relying on payment of the default, which was now overdue, and that I would not agree to reverse things. Application made that day, stating they had not seen the original claim, so did not know whether it could be defended or not. Also stated I had taken on the wrong Natwest entity, even though they allegedly did not know what the claim was about.

Two days before submissions for the telephone application hearing, after I emailed asking them to confirm evidence submissions will be via email, they send another letter, asking me to agree to reverse the Judgement of face costs now totalling £900. I told them no.

The day before exchange of evidence, Witness Statements, etc for the hearing, they send me a letter telling me they have now seen my claim, anticipate they can defend it (even though have a completely incorrect understanding of the claim - they think the pin sentry is a pin reminder letter), and offer me the default Judgement total of £330 in final settlement. I said no way.

Evidence was exchanged the next day. I then called them, told them I had not spent 8 hours putting together my evidence, only for Natwest to agree to pay the original default amount which was due anyway, and that I thought their actions and conduct was unreasonable, and asked them to also pay for my time, not least as they had submitted a Statement of Costs for £2,000 with their evidence!

Heard nothing since sending my Without Prejudice offer.

My thoughts are that I have done everything right, I responded to their application as someone who knew it was incorrect and misinforming ("we have not seen the original claim"), as I know from Natwest's out of the blue call to me that they saw the original claim, and I have every right to expect my time be compensated at my hourly rate of earnings i.e. £45 per hour, just the same as they have been demanding all long their costs, and using the threat of costs to get me to drop the Judgement - a Judgement that was put in place properly, after I did everything right.

Just want to get people's thoughts about the hearing tomorrow, and where the strengths in my case are now?

R0b des8 pt2537 thoughts, if you have a second?

[des8]

Really doesn't matter whether or not we think you have a reasonable case.
It is now down to the judge.