County court Judgment and bank charge reclaiming - help needed!!

[ruby15]

Re: County court Judgment and bank charge reclaiming - help needed!!

Amethyst that sounds good to me, can anyone help Ame here as she has been so good to me? Any help would be appreciated!!

[Budgie]

Re: County court Judgment and bank charge reclaiming - help needed!!

Excellent job Ame, all the bits are there.

I will have a look over it in detail this evening and tweak a few little bits, hope that is OK.

Budgie

[ruby15]

Re: County court Judgment and bank charge reclaiming - help needed!!

Thanks Budgie!!:santa_wink:

[Tools]

Re: County court Judgment and bank charge reclaiming - help needed!!

Blue add/replace with

Cool.

Letter to Natwest - Work in progress



Dear Natwest

Re: Current Account XXXXXXXXXXXXX and Loan Account XXXXXXXXXXXXXX

I am writing regarding legal action that has been taken on your behalf by both Shoosmiths Solicitors and Irwin Mitchell Solicitors in reference to collection of debts on the above accounts.

Both of these accounts are held in joint names, being MR XXXXXxx and MRS XXXXXxx of ADDRESS, and we are jointly liable for the resultant debts.

You will be aware that we were notified of both accounts being defaulted simultaneously on 27th March 2008. The overdraft on our personal current account No. xxxxxxxxxx had an outstanding balance of £2444.35. The personal loan account No. xxxxxx had an outstanding balance of £3819.33. The combined total debt to you being £6263.68.

On DATE Mr XXXXX received a county court claim for collection on both accounts from Irwin Mitchell Solicitors, Claim reference XXXXXX. An admission and offer to pay was submitted on DATE and judgement awarded in favour of the claimant for the full amount. An order was made for installment payments of £25 per month to be paid by the defendant, which to date has been met without fail, causing us severe financial hardship.

On DATE Mrs XXXXXXX received a further county court claim for collection of the same account debts from Shoosmiths solicitors. Claim reference XXXXX.

Being unaware of court procedures at that time, Mrs XXXXXX also entered an admission to the court which subsequently judgement was passed again in favour of the claimant for the full amount. An order was made for installment payments of £20 per month to be paid by the defendant, which to date has also been met without fail even though it has caused us further severe hardship.

We have since realised that Natwest has mistakenly claimed for the same debt in full against both Mr xxxxxx and Mrs xxxxxxx seperately using two different solicitors, Irwin Mitchell and Shoosmiths. We are also now aware that by doing so Natwest are in breach of CPR XX and OFT debt collection guidance(OFT664).

We believe as we are jointly and severabley liable for the debts claims should have been in joint names for the full amount owed. In the alternative, one claim raised for each party with the total debt being equally divided for each claim.

We are now faced with a hearing on the 9th December 2008 applying for a charging order on our home from Irwin Mitchell solicitors on your behalf for a total of £6XXX, and additionally Shoosmiths solicitors have indicated their intention to apply for an additional charge over our home for the same debt for the amount of £6XXX. This will leave us with second charges on our home for the combined value of £12XXX.

We have applied to stay proceedings in Claim XXXXX bought by Irwin Mitchell solicitors pending compliance with a part 18 request for information.

We expect you to act promptly to rectify this situation in agreeing to set aside the second claim XXXXXXX brought by Shoosmiths solicitors and take steps to amend the first claim bought by Irwin Mitchell solicitors to be against joint defendants.

We also have a further issue, in that on 28th April 2008, we indicated our intention to apply for a refund of unfair charges levied to our personal current account number XXXXXXXXx between DATE and DATE for a total of £4XXXX plus interest of £XXXX. This claim was entered in the xxxxxxx court on DATE and is currently subject to a stay pending the outcome of the test case. We have applied to you for consideration of an interim refund under the FSA waiver terms regarding financial difficulty.

We understand that you have acted contrary to FSA waiver guidelines and the Banking code in bringing this claim against us whilst aware of a formal dispute on the account and whilst our claim is stayed at court.

We also at this time indicate our intention to apply to the court to amend our defence on the Irwin Mitchell claim and issue a counterclaim in respect of the amount owing due to unfair overdraft fees.

We believe that this has been a serious failing on your part. We also believe that as Credit Management Services and your Head Office at Bishopsgate have acted seperately in instructing different solicitors to collect on the same debt this is how the error has occured.


We insist that a full investigation be carried out by Natwest into how this matter has occured. We also wish to inform you we will be making the Financial Services Authority and the Office of Fair Trading aware of your actions in due course.

Hugs and kisses
Ruby Ruby Ruby Ruby aaaaaaaaaahaaahaaaaa

[Budgie]

Re: County court Judgment and bank charge reclaiming - help needed!!

Brilliant Tools, no need for any further work on that.

I would just suggest changing "CPR XX" to "civil procedure rules"

Its an excellent, clear and concise letter.

Budgie

[ruby15]

Re: County court Judgment and bank charge reclaiming - help needed!!

What a brill letter, do I send it straight away or is Amethyst still working on it? x

[Tools]

Re: County court Judgment and bank charge reclaiming - help needed!!

Add in the missing details, name, account numbers, claim numbers etc etc.

Then, as Bud rightly suggested, change CPRXX as below.

We have since realised that Natwest has mistakenly claimed for the same debt in full against both Mr xxxxxx and Mrs xxxxxxx seperately using two different solicitors, Irwin Mitchell and Shoosmiths. We are also now aware that by doing so Natwest are in breach of Court Procedure Rules and OFT debt collection guidance(OFT664).

Double check everything, then get it posted off to Natwest.

[ruby15]

Re: County court Judgment and bank charge reclaiming - help needed!!

Sorry just got in from work . Thanks everyone yet again for your help!! Will get the letter done and sent tomorrow.

[ruby15]

Re: County court Judgment and bank charge reclaiming - help needed!!

Hi, thought I would keep you updated. Court hearing should be tomorrow, i have called the court several times to see if my case is "stayed" following them receiving the letters I sent, they keep telling me "they have not had any paperwork back from the judge yet, call back later" My hubby called twice this evening and they still had not had any paperwork from the judge and to call back in the morning!! The clerk at the court told my hubby that usually a stay is granted. All seems very last min to me.

[Tools]

Re: County court Judgment and bank charge reclaiming - help needed!!

Well whatever you do ruby, turn up to the court, even if it is a wasted journey. Sometimes you can get 5 or 10 minutes with the judge just to get across your views without the other side being there

[Mochamoo]

Re: County court Judgment and bank charge reclaiming - help needed!!

Good Luck for tomorrow (or later today lol)

[ruby15]

Re: County court Judgment and bank charge reclaiming - help needed!!

UPDATE!!!
Rung the court this morning. The judge has decided to go ahead with the hearing today! Even though we have applied for a stay and have no evidence, my hubby is at work and not sure if he will be back in time as we thought that the hearing would be postponed, I cant believe this!!!

[WendyB]

Re: County court Judgment and bank charge reclaiming - help needed!!

Ruby, don't panic. I would think that the "evidence" you need is all contained in the letter you sent regarding the duplicate claims etc, and the paperwork to back it up.

Just go to court and explain to the judge what the position is. It won't be in open court, it will be in Chambers probably so not scary.

I will bump this up for you to get more advice.

[ruby15]

Re: County court Judgment and bank charge reclaiming - help needed!!

Thank you WendyB! Just a bit shocked thats all as I thought it would be put back to another day! Hubby is a driver and is trying to get back asap so unless he breaks down we should be there. Think we will be coming back with a charging order though! Cant believe they only gave us 6 working days notice for this hearing!!

[WendyB]

Re: County court Judgment and bank charge reclaiming - help needed!!

and make sure you tell the judge that you have applied for a stay - he may not know. It might be worth checking with the court and making sure that they know you have applied for a stay in the case - soemtimes they get their wires crossed.