TOMLIN: Nickij v Natwest/Irwin Mitchell - SORTED !

[Nickij01]

Re: Nickij v Natwest/Irwin Mitchell

Ok this situation becomes even more laughable as the days go on and I can actually start to see the funny side, strangely enough!

Ame, I will try to explain this so you understand it as I am half extremely wound up by what has been sent to us and half in stitches about it and I know this can mean I get over excitable and I don't converse correctly.

Firstly, I popped home to see OH (Rob) working from home at lunch time. There was a letter on the table from Natwest! It was referring to the 2 accounts they are taking him to court about and that they (well Irwin Mitchell) are receiving monthly payments from Payplan for saying basically they where shutting down all account usage and suggesting he finds alternative banking facilities (sorry but LOL HA HA HA!) yup done, next, giving him 7 days to pay the total amount then blah blah lots of other nonsense and then threats of legal action, recommendations for debt advice etc, it was sent from the Recovery Team!!! Is it just me or are they a complete bunch of monkeys???? I was furious, I would love Rob to call them and state exactly what kind of freakin idiots they really are but then my sensible head came on and I would rather have them over a barrell somehow making an official point of their idiocy and incompetancies, but I don't want to ignore it, so advice on what to do with it? Send it to Payplan for their records, forward a copy to Irwin Mitchell and ask them what they think their clients are upto exactly, respond with details of all payments made and all correspondance from them and Irwin Mitchell, forward to the FSA? The list is endless but would welcome your advice please?

We also received the court copies that Rob requested, that was all fine but again made me laugh. It confirmed the case was stayed because of communications with us directly, I presume over the information they requested from us with regards to finanical statements, income reports etc which where supplied by Payplan when our payments where reviewed and doubled! Further along the forms it stated why the stay was requested to be lifted and it said that they had attempted to reach a settlement but no settlement was reached so they want to continue with the claim, what do they want, freakin blood? Well no, clearly they just want £12000 in one lump sum, not going to happen unless I win the lottery, if I had that money I would gladly pay the idiots and get them out of my life forever. Sorry getting a bit carried away again.

Thoughts my lovely?

I can't scan unfortunately, technical problems so if you want to actually see the forms, its gunna be difficult, happy to give any info required.

Thanks as ever and await your reply.

NJ x

[Nickij01]

Re: Nickij v Natwest/Irwin Mitchell

Hi sorry Ame, just wondering if you had seen my latest update?

Look forward to hearing from you.

Thanks

NJ x

[Amethyst]

Re: Nickij v Natwest/Irwin Mitchell

We also received the court copies that Rob requested, that was all fine but again made me laugh. It confirmed the case was stayed because of communications with us directly, I presume over the information they requested from us with regards to finanical statements, income reports etc which where supplied by Payplan when our payments where reviewed and doubled! Further along the forms it stated why the stay was requested to be lifted and it said that they had attempted to reach a settlement but no settlement was reached so they want to continue with the claim, what do they want, freakin blood? Well no, clearly they just want £12000 in one lump sum, not going to happen unless I win the lottery, if I had that money I would gladly pay the idiots and get them out of my life forever. Sorry getting a bit carried away again.

Sorry Nicki, can you type out the relevant paragraphs of the info they sent to the court.

The claim was NOT stayed due to communications with you, it was stayed because they neglected to respond to the court in time. So to sort a reply really need to see what they actually put on their letter to court.

[Nickij01]

Re: Nickij v Natwest/Irwin Mitchell

Hi Ame, thanks for replying.

How do we know exactlyed why it was stayed other than by what is put in these Application Notices, I don't actually recall being told the case was stayed in the first place to be honest. It does concur a bit though, remember I was contacted as they requested Rob to settle £9000 out of court in October, what a lovely helpful suggestion and option that was for me. I never received a response to the defence though that is true, and then in December they wrote requesting the financial statements etc.

I hope I include everything you need below:

Para. 3 What order are you asking the court to make and why?

lifts the stay on proceedings and transfers the matter to the Defendant's local court because the Claimant wishes to proceed with the claim

Para. 4 Have you attached a draft of the order you are applying for? NO

Para. 5 How do you want to have this application dealt with? without a hearing

Para. 10 What information will you be relying on, in support of your application?

the evidence set out in the box below
"The Claimant allowed the matter to stay whilst they were in correspondence with the Defendant with a view to settling the matter. Settlement has not been reached and the Claimant wishes to proceed with the Claim therefore we request that the stay is lifted and the matter transferred to the Defendant's local court."

I hope that is enough, there isn't anything else on there that I thought would be useful other than signatures and names etc.

Thanks

NJ x

[Amethyst]

Re: Nickij v Natwest/Irwin Mitchell

What were your original payments on this loan, just out of interest ?


Bit of poetic licence in their application there, but is quite straightforward.

[Nickij01]

Re: Nickij v Natwest/Irwin Mitchell

That is a very good question. I have asked Rob and he can only give an approximate of £250 per month, it is something we could potentially find out for sure, will have a look in the filing tonight to confirm. But yes, fantastic looks like we are potentially paying more now! No chance that will go in our favour is it?

[Amethyst]

Re: Nickij v Natwest/Irwin Mitchell

Yes it will go in your favour. Makes their argument that it will take XX years to clear is ridiculous as its less than it would have taken originally. Can all go in witness statement and Allocation questionnaire.

No point arguing against the stay llift or transfer we'll just do the AQ get it sent in (no there shouldnt be a fee as you are the defendant) and, well, you admit the claim and have made an offer to pay via payplan and its been being paid. There is no case really.


Realisically one bubbas here your payments are going to go down - you dont want payments setting at 271 a month as in 6 months they are likely to halve again - god only know what payplan are playing at but we'll sort it

I'll work on the AQ tmw for you.

[Nickij01]

Re: Nickij v Natwest/Irwin Mitchell

Thanks Ame! Be good to get it done and sent, deadline is Monday next week so it needs to be sent asap.

One reason why I am so naffed off with it all, it is pointless they are just being awkward for awkward sake, I only wish I could do them for stress and there was some law against creditors being ridiculous but hey ho.

Payplan, basically I filled in a review online, didn't speak to anyone but our income has increased a lot since last review, £633.59 was what we have left over after bills, food and stuff apparantly so they take the lot! I have to say we are now struggling loads to have money for food, have utterly no money for emergencies, car maintenance etc but we are so keen to get these debts paid off we are hoping my maternity pay will keep us able to pay the way we are paying for at least until the end of the year but will keep a realisitic eye on it. Just hoping Rob's income increases, potential because he earns commission and the income we have put down is his basic as he hasn't earnt any commission yet in his new position.

Thanks again Ame and look forward to getting the form completed.

NJ x

[Amethyst]

Re: Nickij v Natwest/Irwin Mitchell

Okay if you ever want your IE form checking over send it to my email. You should really talk to them as the IE sheets only show half the picture in reality.

I reckon natwest have seen the increase set by payplan and are trying to get a CCJ at that rate rather than the original £150 odd. will cause big problems when your income dimishes again as they'll try for a charge order as well (standard procedure with them). So we need to sort it out before it goes further.

[Nickij01]

Re: Nickij v Natwest/Irwin Mitchell

Ok thanks for that, I will await your next plan of action.

I have just noticed on the form that yes it is a N150.

First section is A Settlement.

I await further instructions.

Thanks

NJ x

[Nickij01]

Re: Nickij v Natwest/Irwin Mitchell

Hi Ame, sorry to chase but I am starting to feel a little anxious about getting this form filled in and to the court in time and you mentioned a witness statement. I only have 4 working days left to get this to the courts and your guidance in completing the N150 and advice on the witness statement would be gratefully received, I really don't know what I am doing otherwise?

I presume on the A section Settlement I tick No for question 1, No to question 2 and No to question 3 and then fill out a little bit in the bottom section 4 "If you answered 'No' to question 1, please state below the reasons why you consider it inappropriate to try to settle the claim at this stage.

I presume I would put something along the lines of we have been paying X amount since date on a monthly basis through Payplan debt management program as this is the maximum we can afford to repay the debt. One attempt from the Claimant was made requesting us to settle with £9000 which we are unable to afford.

Section B. Location of trial
Is there any reason why your claim needs to be heard at a particular court?

I don't understand the claimant has requested it be transfered to Winchester, unless that is what I put, Yes it needs to be heard at a particular court as requested by the Claimant?

Section C. Pre-action protocols
You are expected to comply with the relevant pre-action protocol, have you done so?

Help I have no idea?

Section D. Case Management information
What amount of the claim is in dispute?

I can't actually remember if I am disputing the amount?

Obviously the form goes on and I have no idea what to do for the witness statement you have mentioned, please help?

Thanks in advance.

NJ x

[Amethyst]

Re: Nickij v Natwest/Irwin Mitchell

Sorry hun I have the N150 open on here half filled in but have been a bit tied up today with the OFT report.

Will upload a PDF in a while which will give you a better idea, you havent counterclaimed or anything so you shouldnt really have that form. Its meant for the claimant.

Actually hun, get Robert to give the court a call and tell them he's received a N150 to complete but he is not the claimant or counterclaiming and feels the court may have made a mistake in sending it out.

All you should be having to do is send the WS to the court.

Not a problem to complete this, just seems daft as it is entirely irrelvant.

[Amethyst]

Re: Nickij v Natwest/Irwin Mitchell

here, doesnt need any more than that, IF the court thinks he needs to submit it.

Will do WS and directions after I get kids. Should be sorted to post tmw as its pretty straightforwards.

[Nickij01]

Re: Nickij v Natwest/Irwin Mitchell

So sorry to be such a pain, of course you are upto your neck I have utterly no doubt so very grateful for your help!

I will get him to call the court and see what they say.

Witness statement tomorrow then, cool beans.

I didn't realise you had kiddies, cool, JJ starts school this September can't quite believe it but good timing with regards to new bundle due in June really, he gets a chance to having him around before starting school.

Catch up tomorrow then and thanks again!

NJ x

[Amethyst]

Re: Nickij v Natwest/Irwin Mitchell

WORKING ON THIS need to add about charging order etc but was trying to check Income/Expenditure will have to do that later a s dont have excel on this pute...it should be a good start tho....

case/claim No: [claim number]

DATE

In the XXXXXXXX County Court


NATWEST BANK PLC
CLAIMANT


-AND-

ROBERT XXXXXXX
DEFENDANT



First WITNESS STATEMENT

OF ROBERT XXXXXXX

I, [XXXX name] of [insert home address] will say as follows:-

1.I am the Defendant in this case.

2. I make this Witness Statement from information and facts within my own knowledge and
which I believe to be true.

3. On 12th August 2010 the Claimant entered a claim against the Defendant through
Moneyclaimonline at the Northampton Bulk Processing Centre.

4: On XX DATE XX the Defendant entered a defence to the claim asking for more information from the Claimant.

5: On XX DATE XX the Defendant reveived an order from District Judge XXXX at XXXX Court stating that XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

6: On XX DATE XX the Claimant sent a letter giving further information to the Defendant

7: On XX DATE XX the Defendant entered into a Debt Management Plan with PAYPLAN and on XX DATE XX the first payment was made to the Claimant in respect of this debt. The current schedule of payments is attached (or whatever payplan send you like monthly statement etc to prove you are on a DMP)

8: Payments have been made to the Defendant as follows;

DATE AMOUNT
XX/XX/XX £XXXX
XX/XX/XX £XXXX
XX/XX/XX £XXXX
XX/XX/XX £XXXX
XX/XX/XX £XXXX
XX/XX/XX £XXXX
XX/XX/XX £XXXX
XX/XX/XX £XXXX
XX/XX/XX £XXXX
XX/XX/XX £XXXX
XX/XX/XX £XXXX
XX/XX/XX £XXXX
XX/XX/XX £XXXX
XX/XX/XX £XXXX

9: Payments will continue as above until XX/XX/XXXX when the Defendant will undertake a review of his Debt Management Plan with PAYPLAN as his essential expenditure is expected to increase and his household income decrease due to the expected birth of a second child on or around XX/XX/XXXX.

10. It is expected that payments will return to £XXX at that time and will continue at that rate for a period of 6 months, when a further review will be undertaken.

11. The Defendant is committed to fulfilling his debt obligations to the Claimant and his other Creditors and is doing everything in his power to keep on top of the situation.

12.