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

[ruby15]

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

I have to say it did feel good as the solicitor just kept shuffling through her paperwork and aint got a clue what had been going on!

Just a bit dissapointed not to have got this sorted yet! Hubby back to work on Monday and I told the judge this and about having more time off work for more hearings, to which he said he could see no reason for me to appear next time on my own, but hubby wont hear of it, we are in this together - bless!!

[Tools]

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

Well done Ruby for getting your point across to the Judge, keep a track of ALL your costs as it seems he is a little "peeved" at Natwest and this will go in your favour.

He seems to favour your previously un faltered payment record and has taken a dim view on Natwest applying for the CO. As Ame has just reminded me in my ear, didn't Mr Judge grant Natwest permission to apply for the CO in the 1st place?

Has he indicated that both claims are now joined?

What did he say the purpose of the next hearing would be for and did he set a date?

He also seems favourable to the claims being struck out , I think we should push this issue and also the matter of costs for Natwests abuse of process. We also need him to order the part 18 request be fulfilled.

[enaid]

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

Well done Ruby and all though it's not over quite yet, you should be so proud of yourselves.
I think judge is a tad bias in this case, were you giving him the glad eye per chance? :tung:

[Tools]

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

Reading that again it does sound also that he is willing to set aside hubbys claim and concentrate on the you v shoosmiths. This would also be in your favour as Shoosmiths wrote to you previously and said that they were removing the CO from the land registry and also withdrawing the claim, you can make the JUdge aware of this letter and swift turn around by Natwest/Shoosmiths and therefore show them to be the shower of **** that they are.

[ruby15]

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

Yes both claims are now joined. He didnt say what the purpose of next hearing was for just to give the Shfoosmiths solicitor time to talk to NW to get their "house in order". No date as yet but not within 7 days.

Enaid I did put a rather low cut top on, do you think that had anything to do with it???

I am all fired up with this and full of fight!! So any suggestions would be great!!

[Budgie]

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

Yes both claims are now joined. He didnt say what the purpose of next hearing was for just to give the Shfoosmiths solicitor time to talk to NW to get their "house in order". No date as yet but not within 7 days.

Enaid I did put a rather low cut top on, do you think that had anything to do with it???

I am all fired up with this and full of fight!! So any suggestions would be great!!

Congratulations Ruby on a job well done today.
It sounds like there are a few angles you can now work to bring this to a satisfactory conclusion.

But for tonight I suggest, feet up, big glass of something naughty and chill.

Well done once again xx

[Amethyst]

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

Well done Ruby & Hubby - good job Soon be sorted. Think Tools mentioned about preparing your list of costs earlier if you arent sure of anything just shout. If anything happens in meantime between natwest shoo and irwins let us know.

(((((((((((hug))))))))))

Can't help thinking that the courts and the solicitors/creditors have just been too comfy in the rubber stamping culture and arent really up to actually dealing with people who stick up for themselves and won't let themselves be walked all over. Scumbags.

:kiss: proud of you both, many peeps would have just rolled over on this, keep going

[ruby15]

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

I think you are right Ame!!! We are determined to fight this!

We could not have got this far without all your help though THANK YOU!

With regards to the cost, i take it I can take into account - parking, my time, postage, paper, etc?

[Tools]

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

Within reason yes, just keep a quick note of what you think you have actually spent so far including telephone calls to Natwest/shoosmiths/Irwins/the Court etc, the rest we can work on later. Don't worry about receipts for parking etc just count the number of times you've been to Court x the cost of parking.

The main issue as I mentioned is to fully utilise the Judges intimations re strike out etc and Natwests messing you about. Something we can have a ponder on. As Ame said, the sooner you let us know of anything from NW/sols/court the better and we can then work with that, but for now just sit back and wait for any developments. Also, what stage is the hardship payment at, I have lost track sorry.

[ruby15]

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

Dont worry Tools, I will be on here as soon as I hear anything! With regards to the Hardship offer, I have sent in an acceptance letter early last week but heard nothing from them yet, I will call them tomorrow to see whats happening.

[ruby15]

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

Just called NW and they have confirmed that £3778 was paid into our account on the 4/7/09 she said this left £316 of our overdraft left as there was an overdraft of over £4000 + what we owe on the loan, now on the original claim form from the court it states that the breakdown was as follows: Overdraft - £3797.64, Loan - £2448.59. There was court costs added of around £300. Do you think this sounds right? Shouldnt they send me some kind of breakdown now?

[Amethyst]

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

Have you had any statements sent over last few months?

Yes they should send you a breakdown of your account so you can see how it went up after they passed it to the solicitors.

If they won't send you the transaction list since they passed it over from asking it'll be a SAR.

Also now the balance owing of the overdraft is reduced vastly they should be instructing their solicitors to amend their claims accordingly too.

[ruby15]

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

We dont use this account, we have no cards or cheque book and they have not sent us any statements since I asked for 6 years worth 12 months ago. Not received a breakdown of the account. Is there anything I should do? Should I write a letter to them asking for a breakdown now?

[Amethyst]

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

Yep I would they seem to just be coming up with random figures. As its subject to court action and its over 5k you should probably do it formally under part 18 or part 31.14 not sure - but lodge the request with the court this time too. See what Curly thinks lol. Firstly I'd try giving them a call and asking them to send you a statement of the account showing the transactions since the account was closed, they might play ball you never know.

[Curlyben]

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

Just called NW and they have confirmed that £3778 was paid into our account on the 4/7/09 she said this left £316 of our overdraft left as there was an overdraft of over £4000 + what we owe on the loan, now on the original claim form from the court it states that the breakdown was as follows: Overdraft - £3797.64, Loan - £2448.59. There was court costs added of around £300. Do you think this sounds right? Shouldnt they send me some kind of breakdown now?

Well that's made a nice mess of their cause of Action with this then..
Make sure you get an official statement of account to back this up as it will prove useful in the case.