Sapphire v Natwest - SORTED !

[Amethyst]

Re: Sapphire v Natwest

so yep just some clerk being a numpty Swines.

[Sapphire]

Re: Sapphire v Natwest

Don't you just love the British Judicial System at times ffs msl:

sapphire

[Sapphire]

Re: Sapphire v Natwest

Just phoned Manchester Court to ask where my next letter is, just been told that our case had been transferred down to our local court on monday (17th). So I phoned the local court and they say it was only transferred down today Friday (21st) ffs why don't they just tell you the truth.
Anyway this is the latest 'we have only just received your paperwork and it will go in front of the District Judge for directions' so I asked what that meant and she said basically the judge decides how to deal with it and we will probably hear something in around 2 weeks.
Hey ho, more of the waiting game I really do not know how much more I can take of this guys, I am really starting to feel the pressure of this, and am scared to death that I will be heading towards another bout of depression over this. Anyway that should be on another thread I think.

sapphire

[iancognito]

Re: Sapphire v Natwest

Sapphire, just a thought, do you have some payment details for this and are you paying anything while all this is going on in the background? just a thought that theres 2 points here

1. If they cash your cheque or accept the payment you can argue they have accepted the arrangement.

2. It shows you are keeping up your promise.

Sorry if you are/have made payments and I missed it.

[Sapphire]

Re: Sapphire v Natwest

No havn't been paying anything during all of this, was waiting for the judgement to start it all off and we havn't had a previous agreement etc. or at least thats what I believe anyway.

sapphire

[Sapphire]

Re: Sapphire v Natwest

Got this today from Manchester County Court: 1st letter:

Before District Judge Gosnell sitting at Manchester County Court, Courts of Justice, Crown Square, Mancheser M60 9DJ.
Upon consideration of the Defendant's letter dated 10th September 2007

IT IS ORDERED THAT

The proceedings be transferred to Basildon County Court for the Court to list a Re-Determination hearing before a District Judge, (CCR 22.10(a)(b)).

Dated 12th September 2007.


2nd letter:

To all parties

This claim has been transferred to Basildon County Court for that court to deal with the defendant's application for redetermination.
That court will refer the application to a judge, or, if there is to be a hearing, will send you and the other parties notice of the time, date and place of hearing. You will be sent a copy of the judge's decision.

After the hearing the file will be returned to this court.

[Amethyst]

Re: Sapphire v Natwest

(CCR 22.10(a)(b))

Whats that refer to ?


Rest = Good as we wanted

[Paradox]

Re: Sapphire v Natwest

CCR 22:

VARIATION OF PAYMENT

Rule 10

(1) Where a judgment or order has been given or made for the payment of money, the person entitled to the benefit of the judgment or order or, as the case may be, the person liable to make the payment (in this rule referred to as ‘the judgment creditor’ and ‘the debtor’ respectively) may apply in accordance with the provisions of this rule for a variation in the date or rate of payment.
(2) The judgment creditor may apply in writing, without notice being served on any other party, for an order that the money, if payable in one sum, be paid at a later date than that by which it is due or by instalments or, if the money is already payable by instalments, that it be paid by the same or smaller instalments, and the court officer may make an order accordingly unless no payment has been made under the judgment or order for 6 years before the date of the application in which case he shall refer the application to the district judge.
(3) The judgment creditor may apply to the district judge on notice for an order that the money, if payable in one sum, be paid at an earlier date than that by which it is due or, if the money is payable by instalments, that it be paid in one sum or by larger instalments, and any such application shall be made in writing stating the proposed terms and the grounds on which it is made.
(4) Where an application is made under paragraph (3) –
(a) the proceedings shall be automatically transferred to the debtor’s home court if the judgment or order was not given or made in that court; and
(b) the court officer shall fix a day for the hearing of the application before the district judge and give to the judgment creditor and the debtor not less than 8 days’ notice of the day so fixed,

and at the hearing the district judge may make such order as seems just.
(5) The debtor may apply for an order that the money, if payable in one sum, be paid at a later date than that by which it is due or by instalments or, if the money is already payable by instalments, that it be paid by smaller instalments, and any such application shall be in the appropriate form stating the proposed terms, the grounds on which it is made and including a signed statement of the debtor’s means.
(6) Where an application is made under paragraph (5), the court officer shall –
(a) send the judgment creditor a copy of the debtor’s application (and statement of means); and
(b) require the judgment creditor to notify the court in writing, within 14 days of service of notification upon him, giving his reasons for any objection he may have to the granting of the application.
(7) If the judgment creditor does not notify the court of any objection within the time stated, the court officer shall make an order in the terms applied for.
(8) Upon receipt of a notice from the judgment creditor under paragraph (6), the court officer may determine the date and rate of payment and make an order accordingly.
(9) Any party affected by an order made under paragraph (8) may, within 14 days of service of the order on him and giving his reasons, apply on notice for the order to be re-considered and, where such an application is made –
(a) the proceedings shall be automatically transferred to the debtor’s home court if the judgment or order was not given or made in that court; and
(b) the court officer shall fix a day for the hearing of the application before the district judge and give to the judgment creditor and the debtor not less than 8 days’ notice of the day so fixed.
(10) On hearing an application under paragraph (9), the district judge may confirm the order or set it aside and make such new order as he thinks fit and the order so made shall be entered in the records of the court.
(11) Any order made under any of the foregoing paragraphs may be varied from time to time by a subsequent order made under any of those paragraphs.

Full Link here:Clicky

[Sapphire]

Re: Sapphire v Natwest

Just phoned the court and apparently it went in front of a Lady District Judge yesterday 26th for directions, so the office are waiting for the notes to be sent back.
Still waiting Still stressing out big big time I feel permanantly sick

sapphire

[iancognito]

Re: Sapphire v Natwest

Fingers crossed sapp xxxxx

[Sapphire]

Re: Sapphire v Natwest

Spoke to the court:

Nat West have asked for a charging order, so the judge has said that the Old git needs to make an appearance, it will take 10 mins for application to vary the payments and 5 mins to agree the charging order. The date won't be till mid-late November. I spoken to Ame, Jan and Tools and they all agree that basically it looks like its basically all over barr the shouting now.

sapphire

[enaid]

Re: Sapphire v Natwest

:okay:ain't that just loverly

[iancognito]

Re: Sapphire v Natwest

Await the confirmation from court with bated breath!!!

Well done Sapp think we all felt every minute of this one with you xxxxx

[Sapphire]

Re: Sapphire v Natwest

No letter so far (probably the post strike) anyway phoned the court and a letter was sent on the 4th.

Les has to attend a hearing on 16th Nov @ 10.40 to get charging order and payments sorted.

sapphire

[Tempty]

Re: Sapphire v Natwest

deffinatly time to get the pom pom's out ready for some serious cheering on
At least you have a date for it now and can get him prepared for it....well done hunni. best of luck