TOMLIN: Nickij v Natwest/Irwin Mitchell - SORTED !

[Nickij01]

Re: Nickij v Natwest/Irwin Mitchell

Hi Ame, wow thanks for this.

Can I just ask, 8 it says Payments that have been made to the Defendant, should that be the Claimant?

I am filling in the information at the moment.

I am not sure what to put for 10. I don't really fully understand this bit because 9. has already said that payments will remain as they are until May when we will review but until the review date I have don't know what amount it will change to, does that make sense? So not sure how to complete section 10. Any assistance would be gratefully received.

Is there more stuff to add as you put a section 12 but nothing with it, is there more to do?

I have got records of all the payments that have been made to them, it doesn't look great at around July/Aug 09 time as that was when I was out of work so no payment was made in July and minimal payments where made in August, will we need to explain this in the witness statement?

Annoyingly, Rob still didn't get a chance to call the court today, muppet left his mobile at home and his boss was in the office so he didn't get the chance but he has promised he will call them tomorrow to get confirmation whether he needs to complete N150.

Thanks

NJ x

[Nickij01]

Re: Nickij v Natwest/Irwin Mitchell

Sorry another question to add to the list, section5 does it matter that the letter I received from the court acknowledging receipt of my defence did not have a District Judge's name on it?

The other issue I am having is I am struggling to find Irwin Mitchell's reply when they sent the copy of the loan form, so I can't remember when I received it, I am so rubbish.


Thanks
NJ x
------------------------------- merged -------------------------------
I am glad I had a brain once upon a time, just realised that this entire thread holds pretty much all the information including attachments! Found the letter that was sent in response to the defence.

Oh that reminds me, we have still not responded to the Natwest letter Rob received recently, threatening us to pay this in 7 days or they will take action, do we respond with you already are taking action so back off you idiots?

Thanks

NJ x

[Amethyst]

Re: Nickij v Natwest/Irwin Mitchell

Nahh ignore the letter they are donkeys.

Yep most info you need is on the thread good innit lol.



breif idea for the draft directions...in PIL - will put in legally terms later - you need to sort out figures and dates first tho.


DRAFT ORDER FOR DIRECTIONS

1) The claim be stayed

2) The Defendant makes payment of £218 to the Claimant on or before the 22nd of each calendar month until and including 22/1/2011

3) The Defendant makes payment of £160 to the Claimant on or before the 22nd of each month thereafter to be reviewed after six months.

4) The Claimant does not add any further interest or charges to the account

5) The Claimant may apply to lift the stay if the Defendant stops payments.

[Nickij01]

Re: Nickij v Natwest/Irwin Mitchell

Ok hun I am so sorry to do this to you, you gunna think I am a donkey but you've lost me completely now.

I get the information BUT where am I putting this, is this in addition to the Witness Statement, is it to go on the end, draft directions ? What is this? And really sorry but what is PIL?

Do we have to committ to an amount then after my maternity pay stops? I just think how can you know, we will have no idea what situation we will be in by then?

We are asking for the claim to be stayed? Cool, I didn't realise we where going down that route.

Sorry to be the biggest pain, I bet you'll be more pleased than me when this is all done and this monkey is off your back ;o)

NJ x

P.S. I tell you what, I am going to owe you big time!

[Amethyst]

Re: Nickij v Natwest/Irwin Mitchell

Sorry lol

PIL - plain intelligible language

Draft directions to attach to the n150 - havent finished wording them yet we want to go do dates and amounts etc - You'll be able to work out something what your income will be once bubs is here I'm just worried if you commit to £270 odd a month now, you'll be back in court just after bubs comes for a redetermination hearing (where they reset your payments) plus shows you are planning and thinking ahead.

Has Rob heard back from Court on the N150 yet ?

Back in an hour xx

[Nickij01]

Re: Nickij v Natwest/Irwin Mitchell

LOL it appears that the plainest of language is still too much for my peanut brain!

I certainly don't want to be back in court!

Well our money/income will change as of June 2010 so is it worth committing to what we are paying now until say 28th June 2010 and review then. I will need to work out roughly how much we will be able to afford but have a bad feeling its not going to be much but better to go with less and then if we can afford more we can pay additional payments is that right?

Ok Rob spoke with the court and they weren't particularly helpful. They basically said the questionnaire is still required, fabulous! Apparantly they advised we are able to file a further defense if we believe it to benefit us should it go as far as a hearing. The judge sent out the documentation regardless of its absolute relevance to this case in particular, never-the-less is a matter of procedure to complete the form.
I am just worried we are not going to get this all done in time to have it in to the court by Monday. I so wish I understood all this more. So we are going to ask for a stay then?

So to summarise we are doing the N150 and Draft directions to go with it and a Witness statement? Is that all or is there more? I have printed out a full statement of all payments made from Payplan to creditors since we started the plan and highlighted those that have been made to the claimant. I need to finish the witness statement as that still has a couple of bits that need tidying up and I am not sure what to put.
Myself and Rob need to sit down tonight and try to figure out how much, if anything we can afford when baby arrives.

[Amethyst]

Re: Nickij v Natwest/Irwin Mitchell

Yep thats it. Sorry honey my heads been all over the place last couple days. Will get these sorted to a word doc now so you can edit them with your info and get them to the court tmw.

You have a copy of your payplan review IE sheet ?

[Amethyst]

Re: Nickij v Natwest/Irwin Mitchell

Okay forget the directions lets leave it to the Witness Statement, I think it covers what you want without the feeling that we're telling the judge his job.

If I've surmissed correctly you just want this out the way now.

So untick the draft directions attached box on the N150 and send that, with this Witness statement attached, summary of payments made, up to date IE sheet and the letter you send Natwest beginning of Jan.

I've kept it all in laymans language, theres no need to be OTT legal wise, the Judge can see that you have done more than enough already to keep on top of this debt and I can't see it going any further than this.

Natwest might ask for a charging order, I havent mentioned it in the WS as they havent mentioned it. If they bring it up at the hearing or between now and the hearing then you can defend that - you have kept up payments and increased when possible, your home is family home and a charge is unnecessary.

So just need to check it over and put your amounts and dates in.

[Nickij01]

Re: Nickij v Natwest/Irwin Mitchell

Thanks Ame.

Ok there is no box to be ticked or unticked for a draft directions?

I am not really sure how to complete the N150 still though, it just doesn't make sense.

A Settlement, do I answer No to question 1?

"Given that the rules requires you to try and settle the claim before the hearing, do you want to attempt to settle at this stage?"

If I answer no I then have to provide reasons in question 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"

[Amethyst]

Re: Nickij v Natwest/Irwin Mitchell

N150 nicki


Put 'See attached witness statement''

The form is the wrong one which is why it makes no sense. but best humour the court.

SECTION F - Have you attached a list of the directions you think appropriate for the
management of the claim?

change to NO

Can put a few N/A (not applicable) bits in in places where you think you should put something.

Make sure the last bit is same as the Witness statement - actually scrub that last bit and put ''See attached Witness statement''


Section I - change to YES attached documents and yes to sent to other party - put sent date xx/xx/xxx

Remember to complete name.address etc at the bottom.

Send a copy of the lot to IM too. best to send signed for or recorded delivery xx


That should be that then x

[Nickij01]

Re: Nickij v Natwest/Irwin Mitchell

Ok fabulous, thank you!!

Rob says thank you too! Will keep you informed!

NJ x

[Nickij01]

Re: Nickij v Natwest/Irwin Mitchell

Hi Ame, hope you had a good weekend?

After all the hard work and effort we have put into compiling the correct paperwork for the courts on Saturday we received a letter from Irwin Mitchell with attached copies of more court forms. They advised that they have requested another stay for settlement, which I don't understand, they know we are in no position to produce any kind of settlement other than the one with monthly payments through payplan. The stay is for another month, the court forms are dated the 16th March, deadline to have them into the court was today also.

Rob called the court and they advised that because the judge hasn't started to look at these new forms Irwin have provided to continue with providing what we where going to originally.

Also in Irwin's latest letter they are denying receipt of financial statements and IE from Payplan, it is possible but highly unlikely but we are also contacting Payplan to confirm their contact with Irwin and evidence of it as I am getting so fed up with all this rubbish I would love the opportunity to show what idiots they are (just hope that is the case as Payplan have been idiots too and in fact we would not be facing this court action if it wasn't for Payplan not providing correct updates to Natwest in the first place).

I do think there should be some sort of better understanding between creditors and third party DM places whereby it is obvious that someone is trying there best and not avoiding their debts, almost like a "good working relationship" surely its in the creditors interests as in most cases it will ensure they will get their money back, just slower than in original agreement.

Anyway I am rambling on about irrelevant rubbish. This is mainly an update as I think we are dealing with it ok but if you have anything to add please let me know.

Thanks

NJ x

[Amethyst]

Re: Nickij v Natwest/Irwin Mitchell

Still put in your Allocation questionaire and witness statement

reading the rest xxx

[Amethyst]

Re: Nickij v Natwest/Irwin Mitchell

Sorry got sidetracked for a change, yes still get your AQ and Witness statement in like I sai earlier - well done Rob for checking with the court.

Also in Irwin's latest letter they are denying receipt of financial statements and IE from Payplan, it is possible but highly unlikely but we are also contacting Payplan to confirm their contact with Irwin and evidence of it as I am getting so fed up with all this rubbish I would love the opportunity to show what idiots they are (just hope that is the case as Payplan have been idiots too and in fact we would not be facing this court action if it wasn't for Payplan not providing correct updates to Natwest in the first place).

Payplan are a bit crap - I prefer CCCS personally but its whatever suits.

they may have sent things like the IE et al direct to Natwest so it could be Natwest at fault for not passing on to the Solicitors. In any case check with Payplan and ask them to send you evidence it was sent to either IM or NW.

I do think there should be some sort of better understanding between creditors and third party DM places whereby it is obvious that someone is trying there best and not avoiding their debts, almost like a "good working relationship" surely its in the creditors interests as in most cases it will ensure they will get their money back, just slower than in original agreement.

This is a long standing problem and one which is being looked into heavily at the moment - if you get bored any time Debt Management Compliance Review 2009 - The Office of Fair Trading

[Nickij01]

Re: Nickij v Natwest/Irwin Mitchell

Well you know my opinion of Payplan isn't great but its what we knew to go with at the time, I have to say our account manager has recently changed to a fella and he was actually interested and helpful with Rob last night, seemed to have a lot more understanding of the whole court process which made a refreshing change opposed to their previous "just accept it" approach we have had in the past.

He said it had been sent to Natwest in the past until Irwin took over, then it has been sent to them, he is looking into it thoroughly and coming back to us but what he believes is that it has all been sent they have simply not acknowledged it! Whereby Natwest did and confirmed/agreed the agreement which I don't get.

It is becoming more and more obvious that the client, Natwest, who apparantly instructed Irwin hasnt' got a clue what it is doing and I wonder if whatever investigations and OFT stuff is going on with regards to Natwest is the cause. You won't believe this but despite your advice to ignore the letter Rob wanted to give Natwest a call, to at least take advantage of the situation that they are a bunch of monkeys. When he called them the lady on the phone agreed that she couldn't see any problem with our payments and was happy to put an agreement in place, which blows the entire legal/court proceedings a joke! Rob has got the letters sent from Natwest and is forwarding them onto Payplan for records, Irwin to ask what they think their client is playing at and see what their response is now they have stayed the case again for another month. Rob is also going to contact the court and ask if it is at all possible to place this in towards the case.

I don't want to get ahead of myself but is at all possible for the court proceedings to hault if it is prooved that in fact Natwest are happy with the payplan arrangements?

NJ x