Shark Attack - Nat West - Shark

[Amethyst]

Re: Shark Attack - Nat West - Shark

1. This Defence is filed and served without prejudice to the right of the Defendant to apply for summary judgment in respect of and/or to strike out the Particulars of Claim.

2. The defendant wrote to the claimant on 13th September 2007 enclosing a statutory £1 fee to request a signed copy of the agreement, under section 77-79 of the Consumer Credit Act 1974. (Appendix A2) The defendant also requested the statement of account and disbursements of the original loan.

3. This request has not been fulfilled.

4. The Consumer Credit Act 1974 (Sections 77−79) state clearly that the claimant has 12 days to fulfill the request after which the claimant is in default. After a further calendar month the debt becomes unenforceable.

5. The Defendant invites the Claimant to remedy the above by supplying a copy of the original credit agreement. In the event that the Claimant fails to do so within 14 days of the service of the Defence then the Defendant will apply to the Court for an Order striking out the Particulars of Claim.

6. The Defendant reserves the right to plead further to the Particulars of Claim once and if the Claimant produces the original agreement. In the meantime, it is denied that the Claimant is entitled to the relief claimed or any relief whether as pleaded or at all.

[Amethyst]

Re: Shark Attack - Nat West - Shark

Fully expect the bank to ask for summary judgement. They will probably turn up with the CCA. Then we will need to do the financial statement and offer to pay by installments.


Have you contacted CCCS ?

[Gayda]

Re: Shark Attack - Nat West - Shark

Whatever you say Ame, I am just going with the flow and following your lead, I have no idea what I am doing but just following your advice and very much appreciate your help.

We must get this done then whatever it is. I shall come on line tomorrow evening and check to see what we have to do.


Take care birdie
x
:okay:

[Gayda]

Re: Shark Attack - Nat West - Shark

Ame, Do I have to send the above to the Nat West??????. I am not sure what I am doing.

xx

[Tools]

Re: Shark Attack - Nat West - Shark

Hi Gayda,

Yes you need to send this into the courts include your details (name address case number etc)

1. This Defence is filed and served without prejudice to the right of the Defendant to apply for summary judgment in respect of and/or to strike out the Particulars of Claim.

2. The defendant wrote to the claimant on 13th September 2007 enclosing a statutory £1 fee to request a signed copy of the agreement, under section 77-79 of the Consumer Credit Act 1974. (Appendix A2) The defendant also requested the statement of account and disbursements of the original loan.

3. This request has not been fulfilled.

4. The Consumer Credit Act 1974 (Sections 77−79) state clearly that the claimant has 12 days to fulfill the request after which the claimant is in default. After a further calendar month the debt becomes unenforceable.

5. The Defendant invites the Claimant to remedy the above by supplying a copy of the original credit agreement. In the event that the Claimant fails to do so within 14 days of the service of the Defence then the Defendant will apply to the Court for an Order striking out the Particulars of Claim.

6. The Defendant reserves the right to plead further to the Particulars of Claim once and if the Claimant produces the original agreement. In the meantime, it is denied that the Claimant is entitled to the relief claimed or any relief whether as pleaded or at all.

Good Luck

Tools

[Guest]

Re: Shark Attack - Nat West - Shark

Gayda - here is where I see this going and what I think you must do now.

They need to provide you with a statement of account and a true signed copy of your credit agreement. In failing to do so, they have committed an offence and although this does not necessarily make the debt vanish, it does make it harder for them to collect.

Now, in order to ascertain precisely what they may owe you in the way of penalty charges, you need to submit a Subject Access Request under the Data Protection Act 1998 (because they have failed to provide you with a statement of account) However, this will take some time, indeed the bank have 40 days in which they must send you the information you have requested.

Once you have this information you can file a counterclaim for the charges and ask for the case to be stayed until they have provided you with the information you need to raise your counterclaim. This could be a good tactical move for you as it will delay the court date and it may even make the bank back off altogether if they feel they are going to be forced to reveal their costs in court in order to pursue you for any arrears.

Alternatively, you could file a counterclaim now, using a form called the N9B Defence and Counterclaim, but as you have no idea of your charges yet, you would need to file the claim for an unspecified sum, which complicates things needlessly.

So, at present you should do as advised above. Make sure you do file your Acknowledgement of Service and mark that you intend to defend the claim, this buys you the full 28 days.

Any questions then just ask.

[Gayda]

Re: Shark Attack - Nat West - Shark

I have now done the letter and printed it off ready to be posted tomorrow. I am sending this to the court and a copy to the solicitors Irwin Mitchell acting for Nat West.

I have copied all that was set out by Ame and have started the letter with the wording of:- I am writing to you with reference to the above case number and would comment as follows. blah blah blah yours faithfully, then my name and have cc'd this to Nat West Bank c/o Irwin Mitchell solicitors.

I hope this is ok. Please get back to me asap.

Many thanks.
:carrot

[Gayda]

Re: Shark Attack - Nat West - Shark

Hiya Ame and all. Well I did the above as instructed. However, on the day was going to post have received from Nat West letter dated 10 October.

Ame, I have scanned this and sent to you via email can you confirm if you have received it please. If not will send again.

What the hell do we do now??????

Best wishes
Gayda
Beagle puppy

[Gayda]

Re: Shark Attack - Nat West - Shark

Also forgot to mention that I did not send the letter cos of the reply should this still be sent to the court or not??????


Gayda
x

[Guest]

Re: Shark Attack - Nat West - Shark

Have you filed an acknowledgement of service for this claim against you?
Have you submitted a formal Subject Access Request under the Data Protection Act 1998 for copies of all data held on you?

[Gayda]

Re: Shark Attack - Nat West - Shark

cet, I have sent back that I am defending all of the claim
as for subject access request dont know what that is so I guess not.

Only had copy original signed credit agreement. and schedule of arrears.

[Amethyst]

Re: Shark Attack - Nat West - Shark

Gayda as discussed yesterday

Write to court and claimant detailing you are wiating for insurance claim and that you have submitted a SAR to the claimant to get all the information required in order for you to make an accurante admission as to the correct amounts (ie see if there are penalty charges etc involved).

Ask for 40 days

and get your SAR sent in to the claimant.

[peed 'orf]

Re: Shark Attack - Nat West - Shark

What happened?

I've just read the whole thread and had an anticlimax! That's not good.
Is there an end thread somewhere?

[Gayda]

Re: Shark Attack - Nat West - Shark

No there is no end to this at present. What is happening is that I am trying to get my ppi paid to keep them off my back for now. Should this not happen then I guess all the legal stuff will come into play.

Thanks for your post
:tinysmile_hmm_t2::tinysmile_hmm_t2:

[peed 'orf]

Re: Shark Attack - Nat West - Shark

Good luck.