Sapphire v Natwest - SORTED !

[Sapphire]

I have adjusted as instructed. (please check for me)

Soft cushion poking not working, just building up to strangulation !

sapphire

[Sapphire]

BUMP, BUMP, BUMP sorry guys but I'm desperate, I need to get this sorted out as soon as possible ! If only so I can get a whole nights sleep without waking up every half hour thinking about it.

sapphire

[Guest]

What do you still need?

Until you have more details from Les we cannot do anymore.

[Amethyst]

Les knows bugger all so the only way of getting info is this part 18 request.


sooooo Can she ask for a stay to collect the information before submitting her defence /admission & offer to pay.

If its all above board we already know its not statute barred so its basically an offer to pay isnt it.

[Sapphire]

I have nagged, cajoled and even pleaded, he can't remember any more details other than I have already posted. I have searched paperwork etc and can't find anything pertaining to this at all, except from what I already have, which is posted up already apart for a few letters back and forth from Cobbetts since April 2007.

I really am at a loss now what to do next and it feels like time is running away from us.

sapphire

[Amethyst]

The Part 18 needs to go off, and also you need to get form N244 from the HMCS site and apply for a stay to allow you to collect information before entering your defence/admission.

You also need to work out how you are going to pay, if you can transfer house ownership etc etc.

[Sapphire]

Ame I tried to talk to him (Cetelco) but he disappeard. anyway just wan't to check a few things please :

I send and fax the part 18 to Cobbetts and a copy to the court to be added to the file yes/no ?

Get form N244, fill it in and send and fax to court, yes/no ?
Do I need to send a copy to Cobbetts yes/no ?

If possible we get the house signed over to my name only, who would we ask about doing that, have we an expert on here in that field ? It seems improbable to me as the mortgage is in Les' name only, and I signed a Deed of Postponement when we bought the house.

I have worked out out finances and we can easily afford to offer £100 per month and at a push we could get it up to say £200 max. So if all else fails we will have to admit and make an offer. What are the chances that Nat West/Cobbetts will try to force us to sell the house ? Would they be allowed to do that ? or is it that Nat West/Cobbetts are hoping to get a CCJ on Les to more or less guarantee the payments ?

So many questions, I am sorry hun to be a pest.

sapphire

[Guest]

The poxy chat room Sapphire - I don't know, whoever owns this site should be ashamed of themselves....

[Tools]

Sapph

I know very little about the procedures on this but I have been searching as much as I can for something you could try to use . On top of Cet`s and Ame`s advice which is 100% as always , I was wondering(Cet? Ame?) could Saphh try to use any of this?

If you read the pdf attached Page 10 , some of the `unfair practices ` deemed by the OFT are :-

• Inducing consumers to borrow on excessive or oppressive terms against the security of their homes without regard to their ability to repay the
loan.

• Failure of the broker to act in the best interests of the borrower; a
preoccupation with the value of the security rather than the borrower's
credit-worthiness ('equity lending').

I know this might be a desperate attempt but any chance of using these arguements against NatWest , sorry I couldn`t come up with anything better but I am still searching for you.
If Les / the business, knowingly to Natwest , had a poor credit rating/chance of folding then possibly these could be applicable ?

Was also wondering , Dee did offer , if ever anyone has the hounds at the door she may be able to get S.A.F.E involved as they have a bit of leverage (re what us three have been looking into ) maybe I could ask her , see what she could do for Sapph ? I think at this stage anything is worth a shot to help a good friend , don`t you ?

Sorry if I`m clutching at straws for you Saphh , I would like to help as much as I can but this isn`t something I am well up on.

[Amethyst]

hmmmm

[Sapphire]

Nothing happenning yet, I need to send off the CPR part 18, but have time to do that (deadline in Aug. 5th). Just need to have it checked and then I shall fax and post it off.

sapphire

[Amethyst]

MANCHESTER COUNTY COURT - CLAIM NO: xxxxxxxxxxxxxx

National Westminster Bank PLC vs Les xxxxxxxxx

10th July 2007

PRELIMINARY REQUEST FOR FURTHER INFORMATION OR CLARIFICATION - Civil Procedure Rules Part 18

1: Please provide the following particulars in support of your claim:

a) the full statement of the account including interest charged, penalty charges applied, and resons for the same, and payments made to the account.
b) a copy of the original guarantors contract as outlined in your claim.
c) a full breakdown of the Collection Charge applied to the accounts, the terms of contract under which this was applied to the account.
d)) a true copy of the executed agreement.
e) Copies of correspondence received from and sent to Mr Les xxxxxxxxxx regarding this account.





Need to add to this the date it need to be replied to by.
aka

1.6 (1) A Request (whether made by letter or in a separate document) must –
(a) be headed with the name of the court and the title and number of the claim,
(b) in its heading state that it is a Request made under Part 18, identify the first party and the second party and state the date on which it is made,
(c) set out in a separate numbered paragraph each request for information or clarification,
(d) where a Request relates to a document, identify that document and (if relevant) the paragraph or words to which it relates,
(e) state the date by which the first party expects a response to the Request.

[Amethyst]

Mr Les xxxxxxxxxxxx
addy
..........
...........
...........

10th July 2007

Mr Richard Mark Dean Webb
Cobbetts LLP
58 Moseley Street
Manchester
M2 3HZ

Dear Sir,

Ref: Claim No xxxxxxxxxxxxx
National Westminster Bank PLC v xxxxxxxxxxxxx


Further to our previous letters I hereby enclose a request for information under the Civil Procedure Rules Part 18

A copy of this request has been forwarded to the Courts to be added to the case file.

To enable you to comply with my request you have until xx July 2007 to reply, I expect compliance by that date at the latest.

Please confirm, by return, that you have passed this request on to your clients.

Yours faithfully


Les xxxxxxxxxxxxx.

[Ashley]

I know someone who was in the same boat with Natwest, and she came to a agreeable comprise in the circumstances and I will happily give you her number for you can have a chat and things may not seem so bad. She had the money though but it the same almost to the letter and amounts.


I personally think that attack is the wrong approach in this matter and a negotiated settlement is your only real hope of a favourable outcome.

The reality is these personal guarantees are rock solid, and you fighting the lawyers will only increase their fees and result with more money being paid by you.

Here is my thoughts and it is what I would do if you owed me the money and then offered me £25 a month.


C1 I would obtain a judgement against you (if you defend so be it I would stand my ground 100% as I know the contract is a solid as a rock and that you will have to pick up the legal tab to).

C2 I would ask for the money forthwith and then the day after judgement I would apply for a charging order over your home.

C3 I’d leave the matter at this.

C4 I may make you bankrupt if I thought you had the value in the home.

And if I was you here is what I would do is I was being sued for this amount of money.

My number one goal would be to pay back the £30k and have them write off the interest, the bad news is that you will need pay the £30k in one payment to enable this, the really good news is after judgement I expect the bank will still take a lump sum payment.

So presuming you can not lay your hands on the 30k within 6 weeks I would do the following.

D1 Make an offer of payment of £100 per week via the courts then in 10 weeks apply to the courts to reduce this, as you simple can not afford to eat.

D2 you can only get a charging order if you are in arrears with a court order (apart from Sharon but that was a one off and the pay off was a saving of a lot of money) and as the court will order will £100 per week you will not be in arrears.

D4 you can only be made bankrupt if you are in arrears with the court ordered instalments.


To sum up I would not talk to their lawyers if I did not have the 30k and make the offer though the courts as the judgement will stop all interest accruing so it is a matter of the sooner the better.

My 2 pence.

[Sapphire]

Now I am properly confused. All we need is 2 months then we will be up to date with the mortgage and will have spare money to offer the £100 per week. At the moment the £100 per week would cripple us. Is there anyway we can stall them just for say 6 weeks or so, without angering them and allowing us time to get up to date.

sapphire