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

[Amethyst]

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

Its okay I just wish we could do more - at least pt is a bit stumped with it too so don't feel quite so useless lol.

one thing definately needs to be asked in court is if they do give you two charge orders does that mean you have to pay natwest £12k to discharge them ?

[Amethyst]

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

Just a quick question, am I ok to sign the acceptance form for the money, it does state in the letter " We can assure you that once the legal proceedings are completed we will apply the findings to your case and ensure that your acceptance does not prevent you from benefiting if the legal decision is more advantageous to you"

on the acceptance form it just states "We accept your goodwill offer in respect of our complaint"

Want to get it sent in todays post if possible.

I know it sounds obvious but dont want to cock this up!

I;d write your own acceptance letter and quote them back to themselves;

something like




Dear Natwest

Thank you for your offer of an interim goodwill payment of £3778 in respect of my complaint regarding the bank charges taken from my account. I understand that once the legal proceedings between the Office of Fair Trading and the Banks are completed you will apply the findings to my case and ensure that my acceptance does not prevent me from benefiting if the legal decision is more advantageous to me.

Signed _________________ Date ______________________

[enaid]

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

and please keep copies, I know it sounds obvious, but we don't always.

[ruby15]

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

Oh dont worry Enaid, I copy everything!!!

[WendyB]

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

wel l Ruby if its any use, I'll phone Natwest on Monday and pretend to be you if you like, see if I can get any sense out of them, if you want to give me the relevant details so I can pretend to be in the know. Generally I don'tget put off by this sort of thing and can usually manage to blag my way through stuff. I have pretended to be my mother-in-law loads of times! I'd probably need a few pointers fromAme and Tools on what to ask etc but am prpeared todo it if you think it would help at all. If you think its a crap idea then just say.

[ruby15]

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

Hi
Wendyb you are a little star, thank you for that offer! I have spoken to them before a while ago and they were very snotty with me and told me that they were perfectly within their rights to go after both me and my hubby and nothing I could say would change their minds, they were very unhelpful at the time. I am thrilled with the offer but the hassle they are giving us is getting us both down, they just dont seem to care what people are going through, they just think we are all bad people trying to rip them off! I know we owe money and it has to be paid back just need a bit of patience, which all of our creditors are giving us apart from NW! I will be sooooo relieved when they are paid off and we have no reason ever to communicate with them again!!

[ruby15]

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

Hi, me again. Just wondered how WS was coming on Ame and Tools?
xx

[Amethyst]

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

Should be done shortly

[Amethyst]

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

reminds me have you heard back from shoosmiths yet re them not stopping the hearing ?

call court first thing tmw and see if they did actually withdraw the hearing, also call land regsitry and see if they have cancelled the interim charge order. The letter they sent u said they haD already done it. so if they had they'd have to reinstate it wouldnt they.


we'll still include it all in the WS.

[ruby15]

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

No heard nothing else so far. I will do as you say first thing tomorrow and let you know how I go on.

Many thanks
Ruby xxxx

[Amethyst]

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

National Westminster Bank Plc
claimant
(Irwin Mitchel Solicitors)

-AND-

Mr XXXXX
defendant

WITNESS STATEMENT

OF XXXXX

I, MR XXXXX of xxx(address) will say as follows:-

1.I am the Defendant in this case.

2.I make this Witness Statement from information and facts within my own knowledge and which I believe to be true.

3.I make this Witness Statement in relation to claim number XXMRXX. This hearing is to determine whether a second charge should be granted over my property xxxxxxxxxxxADDRESSxxxxxxxxxxxxxxxxxxxxxx to the Claimant Natwest Bank.

4. This Judgement relates to a debt with National Westminster Bank plc for which I am jointly liable with my wife Mrs XXXX being a joint personal loan and a joint current account overdraft (account number xxxxxxxxxxxx)

4. District Judge XXXXXX handed down a “General Order of Judgment or Order” following a court hearing on 9/12/08 stating 1. Claimant has permission to issue an Application for a Charging Order. 2. This file shall be heard with Claim Number XXXXX(Mrs xxxxxx)

5. This claim has been allocated a seperate hearing from Claim Number XXXXX on which a Final Charging Order has also been applied for.

4.I wrote to the court and the claimants solicitors on xxxxx (attached) and have not received a reply.

5. The claimant has claimed for the same debt against myself on Claim Number XXXXX and my wife Mrs xxxxxxxx on claim number x and has obtained two interim charging orders which enter a second charge on my property in the claimants favour of £12000. As the total debt owing to the claimants is £6000 I do not feel this is fair.

5. I have not missed any payments (agreed at £25 per calendar month under county court judgement dated XXXXXXXXXXX ) My wife, Mrs XXXXXXX has also not missed any payments to the claimant (£25 per calendar month under county court judgment order dated xxxxxxxxxxxxx) In total we are paying £50 per month to the claimant.

6. In addition we have a dispute with the claimant on the same account number xxxxxxxxx regarding unfair bank charges, they have offered to make an interim payment to us totalling £3,778 (please see attached letter) under an exemption in the FSA waiver for complainants in financial difficulty and the remainder will be held until the conclusion of the test case Office of Fair Trading v Abbey National & Ors.

7: The disputed amount owed to me due to unfair bank charges has not been entered in court as the Defendants have offered an interim settlement. If the court requires I may enter a counterclaim against the claimants for this sum.

8: On 19/6/09 the Claimant wrote to my wife and I advising us that our claim had been accepted and that interest on our current account had been frozen and that recovery action had been suspended pending the outcome of the OFT court case.

9: On xx/xx/xxxx the Claimants solicitor in claim XXXXXX, Shoosmiths, wrote to me indicating they would write to the court vacating the Final Charging Order hearing listed for 8th July and requesting that the interim charging order be discharged. They also go on to say that they have lodged the necessary papers at the land Registry to remove the restriction registered against our property." This does not appear to have taken place. (letter attached)

10: On xx/xx/xxx I spoke to the Claimants in this claim XXXXXX and they informed me they would be proceeding with the case.

7. We intend to use the refund to settle this debt. The total amount disupted currently stands at XXXXX (TOTAL CHarges plus stat interest). This outweighs any debt owed to the Claimant.

8. I am currently experiencing financial difficulty, my wife Mrs Xxxxxxxxx has recently lost her employment and I have recently been in hospital for xxxxxxxxxxxxxxx. This situation is causing us both a great deal of stress.

9. I have a number of other debts which are detailed on my income and expenditure sheet previously submitted to the court(attached)

10: I am a Litigant in Person and can not afford legal representation and we ask the court for consideration of this when deciding this matter.

11: I respectfully ask the court to stay the current application and hear the claims number xXXXXXx and XXXXXX together as the claimant and cause of action are the same. I also respectfully ask the court to make no order as to costs.

12: I attach all relevant documents.




ATTACHED (basically all correspondance after the initial judgments)

23/7/08 Judgment for Claimant (acceptance) letter from court to pay £25 pm. (claim xxxxxxx)

15/8/08 Notice of Transfer of Proceedings to local court (claim xxxxxxxxxx)

16/9/08 Letter for Irwin Mitchell offering either a payment plan or a one off settlement. (any reply?)

1/10/08 Notice of Hearing letter from Court for 28/11/08. (claim xxxxxxxx)

14/11/08 Statement of costs for the forthcoming hearing from Shoosmiths (claim xxxxxxx)

25/11/08 Notice of Hearing from court for 9/12/08 (claim xxxxxxxx)

28/11/08 Letters from Natwest - A “Notice is given in compliance with the Consumer Credit Act 1974 because you have failed to make required payment. Re : Terminated Overdraft on account number XXXXXX

2/12/08 CPR 18 request for information to Irwin Mitchell.

2/12/08 Application for a Stay entered (claim xxxxxxx).

6/12/08 letter sent to Natwest (claim xxxxxxxx)

9/12/08 Letter from court “General Order of Judgment or Order” following court hearing on 28/11/08 stating 1. Judgement order to pay £25 pm. 2. Permission to apply for a charging order to enforce the judgment. (claim xxxxxxxx)

17/12/08 Mr received letter from court received “General Order of Judgment or Order” following court hearing on 9/12/08 stating 1. Claimant has permission to issue an Application for a Charging Order. 2. This file shall be heard with Claim Number XXXXX

5/1/09 Letter received from Natwest

20/1/09 Letters sent to Natwest, Irwin Mitchell & Shoosmiths Solicitors.

5/3/09 Reminder sent to Natwest regarding letter dated xx/xx/xxxx

30/4/09 2nd reminder sent to Natwest regarding letter dated xx/xx/xxxx

20/5/09 Interim Charging Order letter from Court. (Claim number xxxxxx)

20/5/09 Interim Charging Order letter from Court. (Claim number xxxxxxx)

29/5/09 Letter sent to Irwin Mitchell asking for full breakdown of charges and relevant account numbers.

Date - Letter sent to the Court asking the claims be joined together

Date - Offer letter from NW, offering an interim settlement of £3,778 on the claim against them for unfair bank charges.

Date -Letters from Land Registry B136(CO) Notice of an application to register a restriction against the land lodged by Irwin Mitchell.

Date - Letter from Shoosmiths

Date: Income and Expenditure

Date: Statements showing payments have been made.
__________________

[Amethyst]

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

Ruby sorry I am at a loss and pleaing to the court is the only way i can think of, you need all the letters and your IE to go with this and insist the judge reads it. natwest have acted appallingly.

Will have a couple edits lunchtime i expect when Tools is free.

Are natwest paying that 3778 to the solicitors or by cheque to you ?

[WendyB]

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

7. We intend to use the refund to settle this debt. The total amount disupted currently stands at XXXXX (TOTAL CHarges plus stat interest). This outweighs any debt owed to the Claimant.


Sorry, I might be misreading this (or my adding up has gone astray) but if the total debt is 6k, the refund is 3k+, and the refund is going to be used to settle the debt, then it doesn't add up. Although the total charges outweight the toal debt. I think it's just the wording that is throwing me off the trail, actually. Should it read that "we intend to use the refund to partially settle the debt" or something similar?

[ruby15]

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

Hi Ame,

Just called land registry and they have not heard from Shoosmiths so thats still on.

Also called court and my hearing for the 8th is also still on

NW said they will pay 3778 into our now closed account unless we have proity debts to pay.

Just got to nip out for and hour so be back on later.

And thankyou very much
xx

[WendyB]

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

Well, Natwest don't seem to know their arse from their elbow do they? I can understand that they are offering a cheque if you have priority debts, but on the other hand you have a large debt with them, which i'm totally gobsmacked that they would just not apply the refund to the debt. Let's face it, they don't usually bother about priority debts, they nornmally treat themselves as preferential creditors don't they?