Sapphire v Natwest - SORTED !

[Sapphire]

Re: Sapphire v Natwest

Thanks for the good wishes Tempty hun, although somehow I feel its not going to be straightforward, dunno why just a gut feeling I suppose.

Anyway, finally my postman has finally delivered to our house (although as we have a freight forwardinng and couriers business, our trade has doubled in the last week or so. a BIG thank you to the Strikers for that at least) .

The next two letters have arrived.

FIRSTLY FROM COURT:

BEFORE DISTRICT JUDGE COLLIER sitting at Basildon County Court, The Gore, Basildon, Essex, SS14 2EU
Upon reading the court file
IT IS ORDERED THAT
The defendants application to vary the judgement be listed at Basildon County Court on the 16th November 2007 at 10.30 am with a time estimate of 10 minutes.

Dated 26th September 2007

FROM COBBETTS:

Dear Sir,

Our Client: National Westminster Bank PLC
We enclose by way of service copy Interim Charging Order together with Application for charging order on land or property.
Would you please acknowledge receipt.

Yours faithfully
Karen Sutton and an email addy (if anyone wants the addy please ask)

HERE'S THE INTERIM CHARGING ORDER:

On 26th September 2007, DISTRICT JUDGE COLLIER considered the application of the claimant ('the judgement creditor'), from which it appears:

a) a judgement or order given on 20 August 2007 by the Manchester County Court in claim no. 7MA11933, ordered the defendant ('the judgement debitor') to pay money to the judgement creditor:
b)the amount now owing under the judgement or order is £54,957.74 (including any interest and costs): and
c)the judgement debtor is the owner of, or has a beneficial interest in the asset described in the schedule below:
and the court orders that

1. The interest of the judgement debtor Mr Les... D. Bxxxxxxx in the asset described in the schedule below stand charged with payment of £54,957.74 together with any further interest becoming due and the costs of the application.
2. The application will be heard at 10.40 am on 16 November 2007 at Basildon County Court. The Gore, Basildon, Essex SS14 2EU when a judge will decide whether the charge created by this order should continue (with or without modification) or should be discharged.
The Schedule
The address of the land or property charged is xx xxxxx xxxxxx Wickford, Essex ssss sss for the title which is registered at H.M. Land Registry under Title No,. EX349701.
Please ensure that YOU must service the Judgement Debtor, Co-owner and all known Creditors.

Then attached is a copy of for N379 Application for charging order on land or property (03.02)

[Sapphire]

Re: Sapphire v Natwest

Ok its 15 days to go till D Day (or the day Les gets to meet the Judge Day). I need a bit of help with a Witness Statement so that with some luck Les won't have to say too much and it will just go through ok. I have never had to prepare one before so would appreciate some help please guys.
Am going to have a try and will post it up for your expert opinions.

sapphire

[Sapphire]

Re: Sapphire v Natwest

WITNESS STATEMENT:


Dear Sir/Madam

Claim No XXXXXX


As defendent in the above claim I respectfully ask the court to consider my request to redetermine the payment period applicable.

I would like to make it clear that it was never my intention to renege on this debt and by way of explanation I would like to point out that there have been a number of extenuating circumstances that I have endured which have placed a colossal financial burden on me, which include the collapse of xxxxxxxxxxxxxxxx Ltd and the subsequent loss of revenue that I suffered as a consequence of this.

The order (copy attached) asks that payment in full be made to the claimant by 20th September 2007 - the full sum payable is £XXXXXXXXX.

I am unable to make full payment of the debt within such a short time frame and would like the court to consider redetermining the period over which I repay the debt, for the following reasons:-

1. I would be forced to sell my current home at below market value. The income from the sale after repaying the mortgagee (Capstone Mortgages £125,000) and fulfilling my obligations under second charge already secured on the property (HFC Bank and Lloyds TSB inclusive) is liable to be less than the amount due under the order. I also would not be able to complete the sale within the timescale given.

2. The property is also the main residence of my long term partner, xxxxxxx.

3. I run a business from the property in partnership with xxxxxxxxxx. To move the business at this time would be a logistical nightmare and we would lose our customers and the goodwill that we have built up if we were not fully operational even for a few days. If we lost the business, we would both be out of work and at our age we would have little or no chance of getting another job with a decent wage. 4. During the last few years I have suffered with heart problems and have had three angioplasties, also I have had two strokes and had to learn to walk and talk again. My partner xxxxxxxxxxxx has had two heart scares, an eight and a half pound tumour which resulted in her having major surgery and most recently a breast cancer scare. To make us sell our home could induce further health problems.

I would like to make the following offer of payment towards the debt.

1. £250 per calendar month for 6 months to commence at the end of September or sooner if at all possible.

2. To review this situation at 6 monthly intervals to allow an increase in the payment instalments. As the court will note from the attached N245 financial statement Section 8 Priority Debts will be cleared within the initial six months and I will then be in a position to increase payments of this debt to £500 per month and our intention is that within a further six months we will be in a position to increase payments to £1,000 per calendar month until the debt is paid in full.

3. I would like to request respectfully that the court permit the claimant to apply for a charge to be placed on my property to secure the debt.

Thank you for your consideration.

[Amethyst]

Re: Sapphire v Natwest

Witness statement needs to be more 1) On XX.XX I did this
2) on XX/XX they did that
3) My property is xxx
4)I wish to offer xxxxxx

Just facts without the faff that goes around a letter.

[Sapphire]

Re: Sapphire v Natwest

Thanks for that Ame, will work on that over the weekend whilst the phones are quiet (I don't wan't to muck it up). Can't do it tomorrow as am at hospital for a visit to the fracture clinic so will probably be there hours.

sapphire

[Sapphire]

Re: Sapphire v Natwest

Here it is hope its ok.

WITNESS STATEMENT

In the Basildon County Court Case/Claim No: xxxxxxxxxx

National Westminster Bank Plc CLAIMANT

-AND-

xxxxxxxxxxxxxxxxxxxxxxxxxxx
DEFENDANT

First WITNESS STATEMENT
Of xxxxxxxxxxxxxxxxxxxxxxxxxx

I, xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxwill say as follows:-

1. I am the DEFENDANT in this case.

2. I make this Witness Statement in support of my application to vary the judgement.

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

4. On 19 July 2002 the Claimant wrote to me requesting an arrangement to repay the Guarantee Liability to the Bank for the outstanding indebtedness of xxxxxxxxxxxxxxxxxxxxxxxxxx

5. On 30 July 2002 the Defendant replied to the Bank stating that after a very acrimonious divorce and the sale of my former marital home that after paying expenses etc I was left in a negative equity position and had to buy another property to live in.

6. On 31 July 2002 the Claimant wrote back stating that they were prepared to defer receipt of my proposals until August 2002.

7. On 26 July 2005 the Claimant wrote to the Defendant requesting the Defendant to contact them reqarding this matter.

8. On 4 April 2007 the Claimant’s solicitors Cobbetts wrote to the Defenant requesting written proposals for payment together with details in relation to income, expenditure, assets and all liabilities.

9. On 17 April 2007 the Defendant wrote to the Claimants solicitors Cobbetts stating that under the Limitations Act 1980 Section 5 that the debt was indeed statute barred.

10. On 3 May 2007 the Claimant’s solicitors Cobbetts replied that they were indeed looking into the matter.

11. On 23 May 2007 the Claimant’s solicitors Cobbetts supplied letters dated 30 July 2002 and 15 October 2004 which the Defendant sent to the Claimant which disproves the statute barred theory. Need help to reword this section.

12. On 6 June 2007 the Defendant wrote to the Claimant explaining that due to redundancy and being of an older age the Defendant has had to start a small business and because of this and a period of unemployment, that finances were indeed very tight and the Defendant made an initial offer to pay at £25 per month until financial situation improved.

13. On 14 June 2007 the Claimant’s solicitors Cobbetts replied that they were taking the Claimant’s instructions.

14. On 14 June 2007 the Defendant wrote to the Claimant’s solicitors requesting a true copy of the Personal Guarantee that the Defenant gave to the Claimant regarding the overdraft for xxxxxxxxxxxxxxxxxxxxxx
15. On 3 July 2007 the Claimant’s solicitors Cobbetts wrote that the offer of payment was unacceptable and their instructions were to commence action for the balance outstanding.

16. I need to discuss this bit with Ame

17. On 5 July 2007 the Claimant’s solicitors Cobbetts issued a claim through Manchester County Court against the Defendant.

18. On 9 July 2007 the Defendant replied with the Acknowledgement of Service indicating that the Defendant intended to defend all of the claim.

19. On 31 July 2007 the Defendant wrote to the Claimant’s solicitors Cobbett’s requesting information under the Civil Procedure Rules Part 18 with a copy being sent for the Courts files.

20. On 1st August 2007 the Defendant wrote and faxed the Claimant’s solicitors Cobbetts reminding them of the Defendant letter of 14 June 2007 requesting a true copy of the personal guarantee that was requested.

21. On 10 August 2007 the Claimant’s solicitors Cobbetts wrote supplying the copy of the personal guarantee that was requested and stated that in the absence of the Defendant‘s defence by 4pm on 17 August 2007, they would enter Judgement forthwith. Need help to reword this section

22. On 16 August 2007 The Defendant submitted his defence to the Claimant’s solicitors Cobbetts and to Manchester County Court by fax and by post, admitting the outstanding debt and making an offer to pay of £250 per month.

23. On 20 August 2007 the Defendant received Judgement for Claimant (after determination).

24. On 30 August 2007 the Defendant wrote to the Claimant by fax and by post, explaining the Defendant’s position, and reiterated the Defendant’s offer of payment and explained that the Defendant did write to the Claimant on various occasions informing of new address and to make arrangements to pay but had received no replies to the Defendant’s communications also need to put something in here that we had also tried to talk to Cobbetts but had no success with them either.

25. On 30 August 2007 the Defendant wrote to Manchester County Court by fax and post requesting the Court to redetermine the payment period applicable, the Defendant sent a covering letter outlining the circumstances behind the application to redetermine and included a full income and expenditure form. Copies were also sent to the Claimant’s Solicitors Cobbetts and to District Judges Listings - Customer Service.

26. On 12 September 2007 the Manchester County Court wrote to the Defenant informing the Defendant the file had gone to the District Judge for directions.

27. On 8 October 2007 the Claimant’s solicitors Cobbetts wrote to the Defendant including an Interim Charging Order together with an Application for charging order on land or property.

28. On 9 October 2007 the Land Registry sent a B132 Notice to a registered proprietor of an application to enter an agreed notice to the Defendant.

29. On 4 October 2007 Basildon County Court wrote to the Defendant stating that:
The Defendants application to vary the judgement be listed at Basildon County Court on the 16th November 2007 at 10.30 am with a time estimate of 10 minutes.

Statement of Truth
I believe the facts stated within this Witness Statement to be true and exhibit Exhibits comprising of xx pages.

Dated this day of 2006

Signed




xxxxxxxxxxxxxxxx

[Guest]

Re: Sapphire v Natwest

Just some rough notes on first reading.

Point 9, spelling and confusion over Defendant and Claimant.

Point 11, whether a debt is statute barred or not is not a theory.

Point 21, solicitors do not and cannot enter judgment.

[Sapphire]

Re: Sapphire v Natwest

Okie dokie thanks for that Cetelco you are a true gent I shall edit accordingly (hopefully I shall get it right eventually).

sapphire

[Amethyst]

Re: Sapphire v Natwest

1. I am the DEFENDANT in this case.

2. I make this Witness Statement in support of my application to redetermine the period over which the debt be paid.

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


4. On 19 July 2002 the Claimant wrote to the Defendant enforcing the guarantor liability totalling £xxxxxxxxxxx

5. On 30 July 2002 the Defendant replied to the Claimants stating that after a very acrimonious divorce and the sale of his former marital home he was left in a negative equity position, and therefore unable to make payment in full. A proposal was made for monthly repayments.

6. On 31 July 2002 the Claimant wrote to the Defendant stating that they were prepared to defer commencement of the repayment proposal until August 2002.

7. On 4 April 2007 the Claimant’s solicitors Cobbetts wrote to the Defendant requesting written proposals for repayment together with details in relation to income, expenditure, assets and liabilities. The Defendant replied to this letter on 26th July 2007.

8. On 6 June 2007 the Defendant wrote to the Claimant making an initial offer to pay at £25 per month until financial situation improved. The Defendant explained that due to redundancy, and a period of unemployment, he has started a small business, circumstances have left him unable to make higher payments.

9. On 14 June 2007 the Defendant wrote to the Claimant’s solicitors requesting a true copy of the Personal Guarantee.

10. On 3 July 2007 the Claimant’s solicitors Cobbetts XXX wrote to the Defendant stating that the offer of payment was unacceptable to their clients, and they were to commence court action for the balance outstanding.

11. On 5 July 2007 the Claimant’s solicitors Cobbetts issued a claim number XXXXX through Manchester County Court against the Defendant.

12. On 9 July 2007 the Defendant replied with the Acknowledgement of Service indicating that the Defendant intended to defend all of the claim.

13. On 31 July 2007 the Defendant wrote to the Claimant’s solicitors requesting further information under Civil Procedure Rule Part 18.

14. On 1st August 2007 the Defendant wrote to the Claimant’s solicitors reiterating the request of 14th June.

15. On 10 August 2007 the Claimant’s solicitors Cobbetts supplied the Defendant with the copy of the personal guarantee.

16. On 16 August 2007 The Defendant submitted his defence to Manchester County Court with an admission of liability and making an offer to pay of £250 per month, with a copy of his financial statement. This was copied to the Claimants solicitor.

17. On 20 August 2007 the Defendant received notification of Judgement in favour of the Claimant. The judgement ordered the Claimant to make payment in full totalling £xxxxxxxxxxxxx by Xxth September 2007.

18. On 30 August 2007 the Defendant wrote to the Claimant by fax, reiterating the his offer of payment and explaining that the Defendant did write to the Claimant on various occasions informing of new address and to make arrangements to pay but had received no replies to these communications. The Defendant also noted various attempts to open communication with the Claimants solicitors had been unsucessful.

19. On 30 August 2007 the Defendant wrote to Manchester County Court requesting redetermination of the payment period. This was copied to the Claimant’s Solicitors.

20. On 8 October 2007 the Claimant’s solicitors wrote to the Defendant to confirm they had applied for an Interim Charging Order on the Defendant's property.

21. On 9 October 2007 the Land Registry sent a B132 Notice to a registered proprietor of an application to enter an agreed notice on the Defendant's property.


22. On 4 October 2007 Basildon County Court wrote to the Defendant stating that:
The Defendants application to vary the judgement be listed at Basildon County Court on the 16th November 2007 at 10.30 am.

23. The Defendant agrees with a charging order being placed against his property at XXXXXXXXXXXXXXX address xxxxxxxxxxxxxxxxxxxx. This is his main residence and he resides there with his partner, Ms Sapphy, and operates his business XXXXXXXXXXXXXXXXXXXXXXXXXXX from the address.

24. The Defendant asks that payments be determined at £250 per calendar month..............etc ... A full financial breakdown is attached to this statement,

[Amethyst]

Re: Sapphire v Natwest

Tools - could you have a look through this if you get a chance.



Sapph - need to send to court and cobbetts 'by way of service' 7 days before hearing (so by 9th) with all attachments.

[Sapphire]

Re: Sapphire v Natwest

Ok Witness Statement done and bundle prepared, will be faxing it over to Basildon Court and to Cobblers later today.

sapphire

[Sapphire]

Re: Sapphire v Natwest

Its faxed and prepared into a file for Les to take with him to Court next friday.

sapphire

[Sapphire]

Re: Sapphire v Natwest

Received this today, dunno if anyone is interested:

SCHEDULE OF COSTS FOR CLAIMAINT

Fee Earner Status of Fee Earner Hourly Charge
Out Rate
Karen Sutton Grade D Paralegal £90.00

*Anticipated costs in italics

Considering Witness Statement and instructions to Solicitor Agent

Karen Sutton - 1 hour 30 minutes @ 90.00 per hour £135.00

Attendance on Clients

Karen Sutton - 6 minutes @ 90.00 per hour £9.00

Attendance on Opponents

Karen Sutton - 6 minutes @ 90.00 per hour £9.00

Attendance on Third Parties (Court)

Karen Sutton - 6 minutes @ 90.00 per hour £9.00

SUB-TOTAL £162.00

No VAT is claimed.

The costs estimated above do not exceed the costs which the Claimant is liable to pay in respect of the work which this estimate covers. The Claimant's solicitors reserve the right to apply to the Court to vary the amount of anticipated costs claimed.
The amount calculated is for this Schedule of Costs only and is without prejudice to the Claimant's solicitors right to claim further costs and disbursements properly incurred should this matter proceed to a full detailed assessment.

sapphire

[Sapphire]

Re: Sapphire v Natwest

Les went off to court this morning, all dressed in his best big and tucker, shiney shoes and smelt georgous, here's how it went:

Went in at 10.30 and Cobbetts send a very nervous young lady representative who said absolultely zilch.
The Judge agreed the final charge on the house, but she dismissed the varied payment application, on the grounds that at 8% interest it would take 18 years to pay at £250 per month. She said that it would be up to the bank to decide if the accept that offer, but we are to be prepared for Nat West appying for a sale order on the house.

After that she sat quietly with Les and said this :

She recommended that we start making regular payments as from now and as much as possible (if we can do that), she said that if Nat West did apply for a sale order, she or another Judge would look more favourably on us if we were paying regularly and also the fact that we run our business from home, our ages etc etc would all go in our favour. She also asked how much equity in the house and maybe we should look at remortgaging to get rid of the debts.

So here's the plan:

Firstly write a letter to Cobbetts asking for banking details etc and enclose a first cheque. Also ask what their next move will be, you never know they might tell us that Nat West are open to negotiation and that we can carry on from there.

Next: The accountant is finalising our yearly accounts as we speak so once he has given us a copy, I shall have a ring round and find a mortgage peeps (whole of market and who doesn't charge) to find out the possibility of getting a bigger mortgage.

Any other ideas ?

sapphire

[enaid]

Re: Sapphire v Natwest

Well as you know SappyI can't help with the legal side or indeed give you any help with what you are doing.
I will give you my opinion though good or bad in your view.
I would if you can remortgage, I know you are not a lot younger than me and Les is older, so in that I don't know what kind of term you would get. As you are self employed no income is guaranteed as you know. So if you have enough equity in your property and you can clear off the debt and the payments would be less than your present mortgage and what you would have to pay Nastywest added together, then that would be the way I would go. Just my opinion as I need peace of mind as well as a couple of bob to play with at my age lol.
This could be total crap and an expert will be along to advise you no doubt and soon. It's just what would suit me. Enaid xxxxxxx