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Sapphire v Natwest - SORTED !

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  • Re: I need help with this - anyone

    lol. Poor Sapphys head must be all over the place - Sapph this should be it now - the one for the bank is fine in the last post.




    For The Court

    Claim No XXXXXX

    Dear Sir

    As defendant 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 xxxxxxxxxxxxxxxxxxxxx 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 home for substantially less than its current market value. The equity remaining from the sale, after repaying the mortgagee (Capstone Mortgages £125,000) and fulfilling my obligations under second charges 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 be unable to accept an offer, agree and complete a sale within the brief timescale given.

    2. The property is also the only residence of my long term partner, xxxxxxxxxxx.

    3. I run a business from the property in partnership with xxxxxxxxx. Relocating the business at this time would incur additional expense 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 then both be out of work with no means of income and considering our age and health we would have little or no chance of employment with sufficient income to continue to meet our financial commitments .

    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 xxxxxxxxxx has had two heart scares, an eight and a half pound tumor which resulted in her having major surgery and most recently a breast cancer scare. To make us sell our home and only means of income could induce further health problems.

    I respectfully seek to offer the following payment proposal with a view to repaying this debt.

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

    2. A review of this situation at 6 monthly intervals with the intention of substantially increasing the installment amount. As the court will note from the attached N245 financial statement Section 8 Priority Debts will be cleared within the initial six month period and I will then be in a position to increase payments of this debt to £500 per calendar 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. In addition to the installments I request respectfully that the court permit the claimant to apply for a charge to be placed on my property to secure the debt.

    4. I would like confirmation that no further interest will be added to this debt.

    Thank you for your consideration in this matter.

    Yours faithfully



    Les
    encs




    Last edited by Sapphire; 6th September 2007, 14:39:PM.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • Re: I need help with this - anyone

      Very good, for gods sake Sapp get it in the post quick!!!

      Comment


      • Re: I need help with this - anyone

        All duly copied and sent via fax, post and courier (just to make sure they all get to there destinations), thanks for indulging me peeps.

        Oh by the way did I tell you that I love you all very, very much

        sapphire

        Comment


        • Re: I need help with this - anyone

          Tell us again when they agree sapp xx :banana:

          Comment


          • Re: Sapphire v Natwest

            Piggin hell, how many times do you have to phone a court eh ! I sent all the necessary off on thurs 30th Aug.
            I've called 3 times this week,
            1st reply: we havn't had time to open the post - errrr hellooooo I faxed it/posted it and sent it by courier.
            2nd reply: We have a five day turn round here so call back at end of week.
            3rd reply: Yes its friday afternoon, we havn't got round to it yet, hopefully it will go before the judge this afternoon or on monday so call back on tuesday.

            sapphire

            Comment


            • Re: Sapphire v Natwest

              Even more piggin hell, phoned District Judges Listing office and they say they have not received the papers etc or have lost them, mislaid etc etc.
              Have just faxed over copies yet again and lady there assures me that she will get it in front of jodge this afternoon or first thing in the morning.

              sapphire

              Comment


              • Re: Sapphire v Natwest

                They are messing you about hunny.....be keeping an eye on shout for news
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                Comment


                • Re: Sapphire v Natwest

                  Just got off the phone to Julie Hincliffe in District Judges Listing, this is what has been decided:

                  'The judge has decided that proceedings are to be transferred to our home court, for the court to list a redetermination hearing before the District Judge there'.

                  Paperwork to follow:

                  sapphire

                  Comment


                  • Re: Sapphire v Natwest

                    Fabulous news hun.

                    Best get breifing les with your arguments for redetermination.

                    At least its being considered and is at your home court - excellent.

                    More hanging about for you tho :hugsss:
                    #staysafestayhome

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    Comment


                    • Re: Sapphire v Natwest

                      Thanks Ame I suppose it is good news in a way, hmmmmmm training the old git, I wonder if that will be easier/or harder than training a new puppy. I suppose I can always slap him round the head if he doesn't do as he's told.

                      sapphire

                      Comment


                      • Re: Sapphire v Natwest

                        Glad to see at least they are doing something right......
                        Just wish I had some knowledge to help you saphy.....
                        Love you loads.....and will try and support you any way I can....
                        Even if it is making you smile or giggle........or a cuppa......lol
                        Russ

                        Comment


                        • Re: Sapphire v Natwest

                          This arrived yesterday from the court.

                          Re: National Westminster Bank v
                          Case No:

                          Your file has gone the the District Judge yesterday for directions with regards to your letter.
                          I am also enclosing an application form for applying to vary the judgement for you to you if you wish.
                          The fee to make the application is £35.00 but I have enclosed the leaflet which explains about fee remissions.

                          Yours etc etc

                          Errrrrr can anyone translate, and how many friggin times do I have to send the N245 form back and forth ffs.

                          sapphire

                          (Oh by the way, the letter is copied EXACTLY as its typed, I bet Amy would have a field day with their grammar).

                          Comment


                          • Re: Sapphire v Natwest

                            hmmmmm

                            didnt we submit a N245 ?????????


                            but the judge has already looked at your letter and ordered a hearing hasnt he '' 'The judge has decided that proceedings are to be transferred to our home court, for the court to list a redetermination hearing before the District Judge there'.'' - at your local court....this letter must be dated before that happened ? or just some ****y clerk being a numpty.

                            whats the date of the letter and which court did it come from ?
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • Re: Sapphire v Natwest

                              Yes I sent a copy of the N245 with EVERy communication ffs.

                              I phoned the clerk - Julie Hincliffe - District Judges Listing on Mon and on Tues afternoon was told :-

                              The judge has decided that proceedings are to be transferred to our home court, for the court to list a redetermination hearing before the District Judge there'.'' -

                              Letter dated 12th Sept, (Weds) - Manchester

                              Hey ho I suppose on the phone yet again to get confirmation etc, or should I fax them yet again ?

                              And don't you think the second line of the letter is double dutch or is it me ?

                              sapphire

                              Comment


                              • Re: Sapphire v Natwest

                                Spoke to a guy in District Judges Listings Office just now, to clarify what Julie Hincliffe said and what has been put in the letter.
                                Basically he said that an order has been made to transfer the case to our local court and that the paperwork is being prepared and we should receive it within the next 5 working days. That Julie Hincliffe sent out that letter as a preliminary (basically to get me off her back, 'cos I kept phoning the office I think, Oh I pointed out how many times I have sent in the complted N245 and his response was that the N245 form gets put in as a formality every time a letter goes out).
                                So I think its waiting game till the end of the week and see what comes in the post.

                                sapphire

                                Comment

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