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

[Amethyst]

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

What i do need is your spreadsheet sorting out to current date. Can you transfer your figures/dates of charges onto the LB simple interest spreadsheet - Legal Beagles - then we'll have the upto dat efigures and interest breakdown We'll need to include it with the counterclaim

[ruby15]

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

Hi, Just seen your last post Ame, will do it as soon as I can but i am at work all day tomorrow and may have to go out later so will do it asap. Also received a reply at last from Natwest following your letter I sent them, will scan and email to you later after tea if thats ok.

[Amethyst]

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

excellent look forward to seeing it

[ruby15]

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

Hi Ame, Just to let you know that I have at last sent you the letter from Natwest via email, sorry for the delay, had a couple of family problems, will do the spreadsheet later today.

[Amethyst]

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

No worries, will have a look now

[Amethyst]

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

Read. Okay is as expected. I really don't understand the two charge orders part tho.

anyway regarding the charges and hardship claim - from the spreadsheet you gave me i really can't see anything ' excessive ' as they put it.

Write back giving 7 days before you file a claim at court and ask for it to be linked to the claims against you...and reiterate the hardship claim, however despite not being able to see anything excessive on the IE I would tend to agree that you wouldnt fall into the hardship category as things stand.


Just started on a bit of a reply for natwest, and will do something more formal for solicitors. I also want to check out the actual rules on charge orders and J&S liability first so hang fire.

Input appreciated tho.

------------------------------------------------------------------------------------------------------------------

Dear Natwest

Thank you for your letter dated 5th January. I trust the date you stated for closure of my file was incorrect as 4 days is rather a short period.

With regards to the County Court judgments obtained against my husband and myself, I am sure you will be aware that applying for charging orders for the same debt in two seperate actions will result in a charge over my home of around £12,000, when the debt is only around £6000. My husband and I may be jointly and severbly liable for the debt, however doubling up the claim to secure it against our home is not correct.

Thank you for your clarification on the status of my claim for the return of bank charges taken from my Natwest account. You will appreciate that the charges were taken from the same account which you have now obtained County Court Judgments against me for, and that the total of charges outweighs the total you are claiming from me.

To this end I give you notice that I intend to file my claim for a return of charges in the County Court, and request that this claim against you be linked to counter the judgments against me.

I would fully expect the court to stay all action on the claim pending the decision in the high court regarding overdraft fees, and should the decision, as is expected, result in excessive fees being refunded, their will be no requirment for Natwest to continue with their requests for Charging Orders against my home, as the account will be settled and the CCJ's satisfied.

I will continue making payments to Natwest under the original CCJ against my husband, as ordered by the court at £25 per month, and the sums ordered (£20 per month ??) under the order following redetermination on the CCJ against myself.

I therefore ask you hold action yourselves on the application for a charging order, and considering repaying charges under the hardship guidelines of the waiver, so as not to push me further into hardship by your actions.

At the time I enter my claim for a refund in the county court, you will become liable for any costs and court fees incurred. A situation which I am sure you will want to avoid.

I look forward to hearing from you within the next 7 days with your proposals for resolving this situation.

I trust this makes my position clear.

Yours

Ruby

[ruby15]

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

Thats brilliant Amethyst!! Are you still working on this or am I to send it as is?

[Amethyst]

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

Working on it....

[ruby15]

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

Hi Ame
Spreadsheet just emailed to you.
Ruby xx

[Amethyst]

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

thank you - looks like you deleted a formula inadvertently - don't worry will fix it for you.

going to add a bit more about the waiver terms in the letter then it'll be sorted.

have been talking to some people about the charging order, and although I can't find a specific law that covers it annoyingly (you have no idea how annoyingly) the judge won't let two charges be placed on your home for the same debt.

So thats good.

Right spreadie in 10 xx

[Amethyst]

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

spreadie, havent filled in the reason bits but amounts should be okay

total claim as stands is £6142.26

[Amethyst]

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

Solicitors copies of letter - to add something like - ' Please also be reminded you have not yet responded to my formal request for further information under part 18 of the civil procedure rules which you received on 4th December 2008 '

[Tools]

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

Ame & I discussed adding parts to the letter so here goes, any other input welcomed. Ame has to add more to it, was just putting my part in.

Dear Natwest

Thank you for your letter dated 5th January. I trust the date you stated for closure of my file was incorrect as 4 days is rather a short period and would not even allow for postal times.

With regards to the County Court judgments obtained against my husband and myself, I am sure you will be aware that applying for charging orders for the same debt in two seperate actions will result in a charge over my home of around £12,000, when the total debt amounts to only around £6000. I accept that my husband and I may be jointly and severably liable for this debt, however attempting to recover twice the debt by means of two separate charging orders secured against our home is both incorrect and unjustified.

We accept and agree in principle to the application of one charging order to the value of the debt,approximately £6000 and would not dispute this if granted. However, I wish to make it abundantly clear that any attempt to apply for two separate orders to the value of £12000 as indicated by yourselves will be fiercely contested and unacceptable.

Thank you for your clarification on the status of my claim for the return of bank charges taken from my Natwest account. You will appreciate that the charges were taken from the same account which you have now obtained County Court Judgments against me for, and that the total of charges outweighs the total you are claiming from me.

To this end I give you notice that I intend to file my claim for a return of charges in the County Court, and request that this claim against you be linked to counter the judgments against me.

The Financial Services Authority have granted Natwest a waiver on dealing with my complaint with express conditions applied to it. The waiver states that;

the firm might not enforce debts against complainants in financial difficulty to the extent that these debts are made up of unauthorised overdraft charges.

and evidence of the following events:
ii.
failing to make loan repayments or other commitments;
iv.
notification of some form of insolvency or court proceedings;

As you are aware, the debt to yourselves consists of my overdraft and monies loaned as a result of the charges I seek recovery of and as such should not be stayed under the waiver termsI would fully expect the court to stay all action on the claim pending the decision in the high court regarding overdraft fees, and should the decision, as is expected, result in excessive fees being refunded, their will be no requirement for Natwest to continue with their requests for Charging Orders against my home, as the account will be settled and the CCJ's satisfied.

I will continue making payments to Natwest under the original CCJ against my husband, as ordered by the court at £25 per month, and the sums ordered (£20 per month ??) under the order following redetermination on the CCJ against myself.

I therefore ask you hold action yourselves on the application for a charging order, and considering repaying charges under the hardship guidelines of the waiver, so as not to push me further into hardship by your actions.

At the time I enter my claim for a refund in the county court, you will become liable for any costs and court fees incurred. A situation which I am sure you will want to avoid.

I look forward to hearing from you within the next 7 days with your proposals for resolving this situation.

I trust this makes my position clear.

Yours

Ruby

[Amethyst]

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

Dear Natwest

Thank you for your letter dated 5th January. I trust the date you stated for closure of my file was incorrect as 4 days is rather a short period and would not even allow for postal times.

With regards to the County Court judgments obtained against my husband and myself, I am sure you will be aware that applying for charging orders for the same debt in two seperate actions will result in a charge over my home of around £12,000, when the total debt amounts to only around £6000. I accept that my husband and I may be jointly and severably liable for this debt, however attempting to recover twice the debt by means of two separate charging orders secured against our home is both incorrect and unjustified.

We accept and agree in principle to the application of one charging order to the value of the debt,approximately £6000 and would not dispute this if granted. However, I wish to make it abundantly clear that any attempt to apply for two separate orders to the value of £12000 as indicated by yourselves will be fiercely contested.

Please also be aware that your solicitors, Irwin Mitchell, and Shoosmiths, have not yet responded to my formal request for further information under part 18 of the civil procedure rules which they received on 4th December 2008. This will also be bought up at any application for a charging order.

Thank you for your clarification on the status of my claim for the return of bank charges taken from my Natwest account. You will appreciate that the charges were taken from the same account which you have now obtained County Court Judgments against me for, and that the total of charges outweighs the total you are claiming from me.

To this end I give you notice that I intend to file my claim for a return of charges in the County Court, and request that this claim against you be linked to counter the judgments against me.

The Financial Services Authority have granted Natwest a waiver on dealing with my complaint with express conditions applied to it. The waiver states that;

the firm might not enforce debts against complainants in financial difficulty to the extent that these debts are made up of unauthorised overdraft charges.

and evidence of the following events:
ii.
failing to make loan repayments or other commitments;
iv.
notification of some form of insolvency or court proceedings;

As you are aware, the debt to yourselves consists of my overdraft and monies loaned as a result of the charges I seek recovery of and as such should not be stayed under the waiver terms.

I will continue making payments to Natwest under the original CCJ against my husband, as ordered by the court at £25 per month, and the sums ordered (£20 per month ??) under the order following redetermination on the CCJ against myself.

I therefore ask you hold action yourselves on the application for a charging order, and considering repaying charges under the hardship guidelines of the waiver, so as not to push me further into hardship by your actions.

At the time I enter my claim for a refund in the county court, you will become liable for any costs and court fees incurred. A situation which I am sure you will want to avoid.

Please find my spreadsheet detailing the charges I am reclaiming from you attached.

I look forward to hearing from you within the next 7 days with your proposals for resolving this situation.

I trust this makes my position clear.

Yours

Ruby

[Amethyst]

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

sorted I think Thanks Tools.

We'll send this primarily to Natwest, and mark it cc. Shoosmiths and cc. Irwin Mitchell and send copies to them with the spreadsheet.

Be fun