Sapphire v Natwest - SORTED !

[Ashley]

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.

That is what I would do.

[Sapphire]

Re: I need help with this - anyone

Here it is (hopefully) !!!!!!!

CLAIM NUMBER xxxxxxxxxxx

IN THE MANCHESTER COUNTY COURT

BETWEEN :

NATIONAL WESTMINSTER BANK PLC - CLAIMANT

AND
Mr xxxxxxxxxxx- DEFENDANT

APPENDIX TO NA9

I, MR xxxxxx ofxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx WILL SAY AS FOLLOWS:

I accept that I owe the outstanding debt and would respectively as the court to consider the following payment proposal.

£200 per calender month for 6 months to be paid by electronic transfer to an account, the details of which to be supplied by the claimant, payments to commence the end of September 2007.
A financial review to take place at 6 monthly intervals, hopefully to allow an increase in the payment instalments.
Once my 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.

I would respectfully ask the court to consider my proposal, as to offer more at the present time would cause myself and my family extreme hardship.

DECLARATION.

I declare the facts stated within this appendix to my N9A to be true.

Dated this 15th Day of August 2007

Signed




xxxxxxxxxxxxxxx

Is this ok, or does it need tweeking ?

sapphire

[Amethyst]

Re: I need help with this - anyone

first line - 1. I accept that I owe the outstanding debt and would respectfully request the court to consider the following payment proposal.


will go through the rest this afternoon have to go to the cinema now to watch the simpsons movie....lol

[Ashley]

Re: I need help with this - anyone

no make it very personal and plead poverty, you have to make it that the only thing they can do is take your offer.

At £200 per month this is going to take over 20 years to pay, you have to give them reason to take such a small amount.

Do not make and reference to how this is going to be paid, ie "electronic transfer "

This is for a judge and TBH he/she will not care how you pay. You have to convince this person to allow you to pay £200 pcm, and that would not convince me.

[Sapphire]

Re: I need help with this - anyone

Ok how about this:

1. I accept that I owe the outstanding debt and would like to clear this matter as soon as possible, therefore I respectfully ask the court to consider the following payment proposal:

2. £200 per calender month for 6 months. payments to commence the end of September 2007, this being the maximum I am able to offer at the current time.
3. I will review the issue at 6 monthly intervals, hopefully to allow an increase in the payment instalments.
4. Once my other outstanding debts are cleared, the monies that were allocated to those creditors will be then allocated to this debt.
5. In the event of my receiving a large amount of money, I will then contact the creditor and try to make a payment in full and final settlement.

I would respectfully ask the court to consider my proposal.

[Amethyst]

Re: I need help with this - anyone

maybe you need to put something in about your house ? I'm worried he may make a sale order considering the current second charges on it and the amount of equity you have.

What do you think Ash ? or is it best to let the court come to their own conclusions
on this ?


Also the large sum of money bit doesnt sound quite right. If you received 3k would u pay that of the debt - in which case it is unlikely to be in full and final etc...if you see where I'm coming from ?

[Sapphire]

Re: I need help with this - anyone

Paperwork prepared and faxed over !!!!

Now its up to the judge I suppose.

sapphire

[iancognito]

Re: I need help with this - anyone

Good luck with it - we've all got our bits crossed for you xxx

[Amethyst]

Re: I need help with this - anyone

fingers crossed hunny xxxxxxxxxxxxxxxxxxxxxxxx

[Tools]

Re: I need help with this - anyone

Aye Sapphy , good luck , sorry I`ve not been much help on this one .

[Sapphire]

Re: I need help with this - anyone

It went before (whoever, judge/office bod, god knows) anyway, they were awarded a Judgement by Determination. Which means we have to pay £54,527.50 by the 20th September 2007.
I spoke to a nice guy on customer services and he has advised that I download a N245 form (Application to vary) and send it back with a cheque for £35.

Any ideas peeps.

sapphire

[iancognito]

Re: I need help with this - anyone

Are these people real? where's that supposed to come from, even if you sold your house the chances of doing it in 4 weeks are just a little short of a friggin miracle??

Sorry sapp, dunno but you've gotta try everything, hopefully someone will come up with something.

[Sapphire]

Re: I need help with this - anyone

UPDATE :

Phoned court as per Ame's instructions and asked a couple of questions, here they are:

1. Who made the decision, Judge or Determining officer.

Determining officer

2. Has he given permission for the claimants to apply for a sale order.

No, they will have to apply themselves.

3. How long do we have to apply for re-determination.

No time limit given.

Lady in Enforcement advised that we need to get a letter together pleading our case and asking judge to accept payment offer. She also said it would then get sent down to our local court (Basildon), and Les would then have a change to give representation.

God help us !

sapphire

[Amethyst]

Re: I need help with this - anyone

The N245 form http://www.hmcourts-service.gov.uk/c.../n245_0204.pdf

that needs completing with details as on original admission statement



Letter spelling out circumstances - reoffering installments as per FS or more time to pay to allow sale of property at full value.


Anything we can do with breach of protocol on CPR 14.11 - court officer only permitted to determine claims up to £50 k ( does this figure include or exclude interest ? ) includes costs.


PD http://www.justice.gov.uk/civil/proc.../pd_part14.htm
CPR http://www.justice.gov.uk/civil/proc...rts/part14.htm



Ref Timelimit - 14.13(2) An application for re-determination must be made within 14 days after service of the determination on the applicant


How about if in the letter with the N245 you offer to accept a charging order on the property to the value of the claim http://www.justice.gov.uk/civil/proc.../pd_part73.htm
http://www.justice.gov.uk/civil/proc...rts/part73.htm
obv it depends on the defendant, and if you missed payments they could apply for sale order http://www.justice.gov.uk/civil/proc....htm#rule73_10


interesting bit Amy found http://www.debtquestions.co.uk/debt_...51fdaf5b85d3e9 (last post)

[Sapphire]

Re: I need help with this - anyone

Reasons to let us stay in the house,

1. There's not a lot of equity left in the house.
2. We not only live here, we run our business from home and would lose our livelyhood if we were forced to sell up.
3.

Offers:

1. £250 per month, with 6 monthly reviews.
2. Monies allocated to other debts to be allocated to Nat West debt when they are finished.
3. £250 and a charging order on the house.

Finances:

Our incomings vary from month to month depending on how much the business makes.

more to come when i can think them up