Sapphire v Natwest - SORTED !

[Sapphire]

Ok how about I send the part 18 in asking for relevant paperwork and at the end of August we the admit the debt and make the offer. Would that be ok ? Would it still be possible to negotiate them dropping the interest etc.

sapphire

[Amethyst]

Send the part 18, ask for a stay to get the info together, once u have paperwork you are admitting the debt and making an offer to pay.

I'm not sure if Ash means you should miss out the the asking for a stay bit. Sorry hun.


You are not intending on fighting them- it was always going to be how to pay-v but i think it should be your right to check the debt is justified before paying it.

[Sapphire]

Have prepared letter and CPR Part 18 to be sent off:
Am now doing N244 to apply for a stay, so here it is to be checked and corrected ready for me to send off.

Part C

I wish to rely on the following evidence in support of this application:

I am unable to properly consider the claim without further information, and therefore request a stay of execution for at least 21 days.
I have written to Cobbetts LLP Solicitors for National Westminster Bank PLC on various occassions including 17th April 2007, asking for information (including a true signed copy of the agreement and any other relevant paperwork) regarding the claim. Also on 6th June 2007 explaining my current financial situation, asking for them to take this into consideration and to accept a token payment until my financial situation has improved. which I estimate to be at the end of September 2007 in which time I will be able to offer a larger payment towards this debt.

[Ashley]

Save yourself the money.

Here what I would do, not sure what you have wrote so far so if you did usse it it would have to be altreded.

Dear Mr Smith,
Re: Claim No. 123aa1233124

I am in receipt of the the papers in regard to the above and have acknowledged to the court our willingness to defend the claim in full.

As I have noted to the courts I wrote to you in April this year to request information to ensure your clients rights to it claims, this information has never been sent.

I would like to request that you forward the information without delay namely a true signed copy of my personal guarantee and any appendix of such document, you should note I to not have a copy of this document and do not recall giving a personal guarantee.

If you client should have a legal right to sue me for these monies, I then wish to put forward a settlement offer which I think you client will find most agreeable.

Any monies for settlement will be raised by a charge over my home and a CCJ of this volume would make raising the money all but impossible and have the likely result of a court ordered instalment plan.

Therefore for the above reasons I have requested a stay in proceedings to allow you to send the information requested and to attempt to achieve an amicable resolution.

Yours Sincerely ,

Dear Sirs,
Re: Claim No. 123aa1233124

You have received our Acknowledgement of service in regard to the above claim.

Whilst we are willing to defend the claim in full, I wrote to the claimant in April of 2007 for information that would facilitate the speedy resolution of this dispute this has not been forthcoming and the issuing of court papers came as a shock as I had a settlement offer to but forward on receipt of the information.

Therefore I would request that the court grant a stay in proceedings to allow us the opportunity to enter into a dialogue with the claimant in the hope of an amicable resolution.

Yours Sincerely ,

although my gut feeling is to allow the matter to go to judgement and have the interest stopped and then apply to pay the matter in instalments.

[Sapphire]

Re: I need help with this - anyone

I had a long, Long chat with Ashley on July 31st and very nice it was, he was kind enough to dictate this letter for me to send over to Cobbetts:
Ref: National Westminster Bank Plc v xxxxxxxxxx in Manchester County Court. Claim No. xxxxxxxx
I am in receipt of the papers in regard to the above, and have acknowledged to the court, my willingness to defend the claim in full.
As you will be aware I wrote to you on the 14th June this year to request information, to ensure your clients rights to its claims over my money. This information has never been sent. I would like to request that you forward this information without delay. I require a true copy of the personal guarantee I gave to your clients over the indebtedness of xxxxxxxxxxxx Ltd.
You should note that I do not have a copy of this document and do not recall giving a personal guarantee to your clients over the affairs of xxxxxxxxxx Ltd.
As such my defence will solely consist of the fact that whilst acting as a Director and also a Shareholder of xxxxxxxxxxxxxxxx Ltd, I have no personal liability of debts of a limited company in England and Wales.
I do not wish to put your client to unnecessary expense by filing my defence at this point, without giving your clients an opportunity to produce the requested documentation.
I do realise the lateness of the hour in writing to you on this matter, unfortunately I have been pre-occupied with matters of a personal nature, namely my partner being in ill-health.
For this I extend my apologies and thank you for your understanding.
Could you please by return give a timescale of expected compliance with this request and also an undertaking that you will not seek judgement in default until 7 days of the request being completed.
If you are unable to supply this document or agree to the above undertaking, please inform me by return, so I can file my defence within the timetables.
Please use fax no. 01xxxxxxxxxx for further communication including service.
In the event you supply the document and I did give assurance over the money, I would like to put forward a proposition for settlement that I believe your client will find most agreeable.
I look forward to your reply on this matter in due course.
Yours faithfully,



xxxxxxxxxxx

Anyway FAXED AND POSTED on the 1st August 2007.

[Sapphire]

Re: I need help with this - anyone

Just a quick update:

Have heard nothing at all, they have not even acknowleged the letter.

sapphire

[Sapphire]

Re: I need help with this - anyone

Just opened the post and this popped out :

We thank you for your letter of 1st August 2007.
We did not receive your letter of 14 June 2007.
We enclose a copy of the Guarantee dated 31 July 1996.
In the absense of the defence by 4 pm on 17 August 2007, we will enter Judgment forthwith.

Yours faithfully.

[Sapphire]

Re: I need help with this - anyone

Ok it looks like we are defeated, and the next move is to make an offer of repayment to Cobbetts, until such time that we win the lottery and will be in a better situation to offer a final settlement payment.
I've put together this offer letter (nicked bits from here and there). Could someone please check it for me so that I can get it faxed and posted off to them. As the deadline is looming up steadily.

Dear Sir/Madam

Re: Your Reference

Thankyou for your communication dated 10th August 2007, the comments within duly noted.

I do now accept that I owe the outstanding debt and would like to put forward a proposition for payment.
As outlined in my previous communication to you dated 6th July 2007, I am at the moment making several payments to creditors, and as such am not able to offer a great amount at the moment.

My proposal is as follows:

£200 per calender month for 6 months to be paid by electronic transfer to an account, that you will supply the details of, commencing the end of September 2007.
It would cause me extreme hardship to offer a larger amount at the moment. I can supply a spreadsheet of our income and expenditure if you so wish.
After 6 months (end of April 2008) a review to be made and another offer to be put forward.
Further reviews to be carried out at 6 monthly intervals.
Once the other outstanding debts are cleared the money that was allocated to those creditors will be then allocated to this debt.
In the event of my receiving a large amount of money I will then contact your clients and try to make a payment in full and final settlement.

Please could you contact your clients with my proposals.
Thank you for your assistance, and look forward to hearing from you as soon as possible.
For your convenience my fax number is: xxxxxxxxxxxx

Yours faithfully,

[Amethyst]

Re: I need help with this - anyone

sapph - you have received the guarantors document ?- is there anything in the contract you might be able to use in your favour / quote in the letter ? I think it needs to be a bit more formal and your FS should probably be included.

[Ashley]

Re: I need help with this - anyone

just looked though all that and all is in order .

I really would not write to them again but send this to the courts, --------------- I'll upload it in two mins

[Ashley]

Re: I need help with this - anyone

send a n9a and fill in every last detail and where is says:

"If you cannot pay immediately, please give brief reasons below"

put

Please refer to my appendix attached.

I have uploaded a format to use for the appendix.

[Ashley]

Re: I need help with this - anyone

whoops I posted someone real thing all better now

[Sapphire]

Re: I need help with this - anyone

Forgive me for asking this:

So, I fill in the form N9a and attach an appendix, and I fax and send the paperwork to the court. Would it be worth me sending a copy to Cobbetts as well, merely out of courtesy, and of course to keep their files up to date as well, or is that a bad idea.

sapphire

[Amethyst]

Re: I need help with this - anyone

I would just deal with the court now. I dont think its a particularly bad idea to send a copy out of courtesy to cobbets but dont include any grovelling letters with it just stick to heres a copy thanks bye.

And go with what ash has recommended. If you write your appendix like you would a witness statement detailing the proposal you are putting forward (like your letter) and post it up here we can help u amend it if needed.

[Amethyst]

Re: I need help with this - anyone

just read the whole document and they have it pretty tied up don't they... not suprisingly but think we were all hoping for you.

Good luck hun, we're all behind you. xxx