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

[ruby15]

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

Hi WendyB, Thank you.

We have a family car and hubby has an old van he uses for work thats all. I am desperatley looking for a new job and do not intend to be out of work for long- hopefully! But worth thinking about.

[Amethyst]

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

Hi Ruby, hope all went well today with your hubby xxxxxxx

[ruby15]

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

Just checking in. Thank you all of you for your kind words yesterday. Hubby had his op, all went well, thank goodness and now begins the recovery, he is feeling pretty rough today, which is only to be expected.

Anyway letter has been sent to the court and just wait for a reply, although I will call them next week to check they have received it.

In the post today was a letter from Shoosmiths advising me that they are acting for NW and are in the process of obtaining a Charging Order upon my interest on our property, enclosed was a copy of the form N379, Intermin Charging Order and Accompanying evidence (which is an Official copy of register of title from Land registry). Hubby been sent the same from Shoosmiths also.

Ame with regards to the Financial statement should the Natwest payment of £50 go under priority debts? Also I can not change anything on it on my computer, would it be ok to print out and then tipex and write on it (name and address etc)? Also on the Priority Debts should I add anything that I am behind payments on such as Gas & Elec?

Now onto the charge reclaim - I would imagine that I will need to send an upto date statutory interest spreadsheet or will the one that Ame did for in Dec 08 still be ok?, the problem I have is that I dont have either Excell or Open office can I download this from somewhere, I know someone told me this before but I know I had problems.

Regards Ruby xx

[pt2537]

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

Hi Ruby

Can i double check something please

When you received the claim forms for the two accounts, on the claim forms, were you and your hubby set out as defendants? or was it the case that one claim was for you and one for your hubby?

I just want to establish the facts of the case as i do not want to advise the wrong thing based upon the wrong facts
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also were the claim numbers different? ie did you have 4 separate claim numbers
?

[ruby15]

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

Hi pt2537, when we received the claim forms one was for myself from Shoosmiths with one claim number, for the debts of our personal loan and overdraft (which was indicated by the account numbers on the form) with me as the only defendant. My hubby then received a claim form(from Irwin Mitchell) with one totally different claim number from mine, for the same debts but the account numbers werent listed on the claim, with him listed as the only defendant. I hope this makes sense. I could email you copies of the forms if you want them?

[Amethyst]

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

Two claim forms PT, copies attached. One addressed to Ruby (from Shoosmiths), the other to Mr Ruby (from Irwin Mitchell)..

Each of the two claims include both the loan and the overdraft

[ruby15]

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

Ame you are a star!!!

[ruby15]

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

Hi, just checking in before a go to visit hubby. How is it going? Any updates?

[Amethyst]

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

OpenOffice - OpenOffice.org - The Free and Open Productivity Suite its worth getting and doesnt take very long to set up - click ' I want to download open office'

Yes you will need to update the spreadsheet - open the one you have in openoffice and change the date at the top to todays date, it should recalculate for you, if not shout and I'll have a go.

Keep the docs from land registry and the solicitors safe, you will want to take them to the hearings if they go ahead.

Yes probably as the Natwest payments are under CCJ installment orders they should go in priority debts, I'll shift it over and upload a new form for you. If you let me know the arrears on your electric and gas etc we can put those in priority debt too - are you paying a certain amount off the arrears each month or just playing catch up as you can ?

Just checking in. Thank you all of you for your kind words yesterday. Hubby had his op, all went well, thank goodness and now begins the recovery, he is feeling pretty rough today, which is only to be expected.

Anyway letter has been sent to the court and just wait for a reply, although I will call them next week to check they have received it.

In the post today was a letter from Shoosmiths advising me that they are acting for NW and are in the process of obtaining a Charging Order upon my interest on our property, enclosed was a copy of the form N379, Intermin Charging Order and Accompanying evidence (which is an Official copy of register of title from Land registry). Hubby been sent the same from Shoosmiths also.

Ame with regards to the Financial statement should the Natwest payment of £50 go under priority debts? Also I can not change anything on it on my computer, would it be ok to print out and then tipex and write on it (name and address etc)? Also on the Priority Debts should I add anything that I am behind payments on such as Gas & Elec?

Now onto the charge reclaim - I would imagine that I will need to send an upto date statutory interest spreadsheet or will the one that Ame did for in Dec 08 still be ok?, the problem I have is that I dont have either Excell or Open office can I download this from somewhere, I know someone told me this before but I know I had problems.

Regards Ruby xx

[ruby15]

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

Many thanks!! Owed on Gas £190, Electric £210 paying overpayments by DD, Secured loan £1300 - £30pm, Orange £74 paying £10pm

[pt2537]

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

Two claim forms PT, copies attached. One addressed to Ruby (from Shoosmiths), the other to Mr Ruby (from Irwin Mitchell)..

Each of the two claims include both the loan and the overdraft

well this is frankly bizarre, words fail me here, the pleadings are woeful but to be expected from these companies who represent such diseased institutions , to quote Mr Mckinlay MP the industry is "rotten to the core"

Those pleadings should have been met with an application to strike or in the alternative for an order that the Claimant plead effectively. sadly we are past that stage now. i dont think we can go back on that

if im right, didnt you file an admission of the debt? that may cause us a real headache

The problem i have is this, im not entirely sure what we can do from here. i mean do you have grounds to set aside the judgments? was the agreement unpinning the debt in order and compliant? do you still have a copy of it?

If it wasnt then we may be able to raise a counter claim on the judgment of Southern District Finance and Turner but i am not sure what way forward you want to go.

If you have an installment order in place already and you are keeping to it, then the court should not grant a charging order.

The claims are in my view defective in that, there was two seperate claims for the materially same debt and there are now two judgments for the same, this is contrary to the CCA 1974 s141(5) as previously stated, so what do you want to do with this? do you want to fight? do you just want to pay the amount outstanding?

[ruby15]

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

Hi Pt2537, I did file an admission as I did not know better then. I do have a copy of the agreement but not sure if it was in order and compliant?? I would very much like to fight this but have no idea what this may involve?? and I certainly dont want 2 charging orders on our property if I can help it!! What do you suggest?? Many thanks for taking the time to look at this for me!!

[pt2537]

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

ok firstly then, can we get a look at the agreement, this is key, if its improperly executed then we can apply for permission to counterclaim pursuant to Southern District -v- Turner

[ruby15]

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

Leave it with me I will do it now, I can not post it on here for some reason but I can email it to Amethyst or you if you prefer?
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Just emailed to Amethyst, let me know if you want anything else.

[Amethyst]

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

Ta ruby, will check emails and upload it for you xx