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

[ruby15]

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

Fingers and toes crossed
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I think all I need to do now is adapt the Witness Statement that Ame did for my hubby the other day so it reads as mine and send to court before hand and perhaps send to Shoosmiths, what do you think?

[ruby15]

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

Had another though over night.

Who pays for yesterdays hearing seeing as the other side did not show in time?

[Amethyst]

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

Keep a record of your costs honey. £9.25 (I think) per hour for prep and attending is the rate for lit in person, plus petrol parking etc. just make a list with receipts and then when you win and they get thrown out of court (lol well we can but hope) you can ask the judge to award you costs. (also include any court fees etc you have paid)

[ruby15]

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

Hi everyone, its the court hearing tomorrow, lets hope things go well this time.

Received a letter from the court regarding hubbys hearing last week, just saying that its been adjourned till tomorrow and its to be heard with my case so thats good, hopefully get this sorted at last.

Heard nothing from either solicitors.

I will let you know how we go on.
Ruby xx

[Tools]

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

Great news re both now being heard together if possible ask that only one solicitors firm now handle the cases and that only one claim be brought whilst the other is struck out on grounds of duplication. Smarm the Judge and say that you are entirely happy to let them decide which one should act for Natwest.

I wish you the very best of luck Ruby, I know it may be hard but you/hubby must try and get across to the Judge how rediculous this whole sorry mess is. Outline that if Natwest would make repayment of the charges under the FSA waiver hardship terms then the debt would be repaid and there would be no need for any further action on either case, thus clearing up both these cases from the Courts/Judges valuable time

What time is the hearing tomorrow?

[enaid]

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

All the best with court Ruby, I do hope you get this sorted at long last.
Enaid x

[ruby15]

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

Many thanks for your good wishes. The hearing is at 3.30 today, so will let you know when we get back.

FINGERS CROSSED!!

[Amethyst]

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

Good Luck (((((((((((((((((((((hug))))))))))))))))))))))) really really hope the Judge finally gets this sorted for you both xx

[ruby15]

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

Just typing up what happened today, bear with me......

[enaid]

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

Oh suspenders, I hate suspenders

[natweststaffmember]

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

Oh suspenders, I hate suspenders

don't we all :o

[Curlyben]

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

Come on Ruby we're all waiting...

[Tools]

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

Type faster woman for gods sake we are all refreshing this thread every few seconds

[ruby15]

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

Right….
Got there early and Shoosmiths solicitor asked if we would like a word which I said yes to (thought it couldn’t do any harm) she told me nothing I didn’t already know already, she had no idea it was to be a joint hearing until she had got there today. She said that NW were in their rights to take out two charging orders if they wished.(She was actually very nice) I informed her about the offer from NW in relation to our hardship claim, which she had no knowledge of! She called her firm to clarify with NW if this was true and to see if they wanted to proceed - they did!!
We were then called into the hearing, no sign of Irwin Mitchel solicitor. It was the same judge as last week. He asked me to speak, so I quickly ran through things to which he then looked at Shoosmiths solicitor and said well what are we here for then? She told him she had no idea that it was to be a joint hearing and that she was there only regarding me not hubby, she said she wanted the final charging order granted as there was no judgment for payment even though I had been making a regular payment, I butted in and told her that this was incorrect and that there had been a order to pay £25 pm and the judge asked if I had any paperwork to back this up, which I did! He looked at her and said “you know my feelings when payments have been maintained” he said “ I see a lot of cases like this whereby the claimant seems to “forget” that a judgment for payment has been granted and then tries for a charging order, I am going to set this aside” but Shoosmiths solicitor jumped in and asked for it to remain as an interim for the time being while this is sorted out, as the paperwork she had said no judgment for payment was made, the judge said he would allow this but he stressed to the solicitor that Shoosmiths must report to NW and tell them to get their house in order and that they would likely have to pay the costs. …. I pointed out that the reason as this hadn’t been sorted out sooner was due to the fact that on the original Court Claim form Irwin Mitchell had not put on the relevant account numbers and this is what I had been trying to get with a CPR18 request for info along with other letters which had been ignored. The Shoosmith solicitor jumped in and said that must be reason to set aside and must be heard separately to which the judge replied as we were attending in person he would not see a need to do this.
He apologised to us but said this needed sorting once and for all and noted that we needed a half hour hearing next time. I asked where the Irwin Mitchel solicitor was and the judge just said they had called to say they weren’t coming he thought….
Adjourned until another hearing…..

[natweststaffmember]

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

Ruby, you seem to be the professional legal person in this hearing. From what you have said, you were reasonable and well prepared while NatWest were confused and dazed with a complete lack of preparation.....
Good day for you Ruby.