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

[ruby15]

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

Hi Amethyst,
Many thanks for your reply. I have written the letter to NW as you suggested. I hate to ask but is there any chance that you could help out with another Witness Statement I am totally useless with these, sorry to ask again!
xx

[Amethyst]

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

aye course I will will have a look later on for you.

[ruby15]

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

Thank you Ame, hopefully get it sorted at last this time.

Ruby xx

[flam147]

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

i think they should change the slogan to Natwest unhelpful Banking

[ruby15]

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

Hi Ame
Any chance we could make astart with the WS as the hearing is next Wednesday, sorry to be a pest!
Regards Ruby xx

[Sapphire]

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

Hi Ruby Ame is having a couple of days break with her children hun, although I hear that her hotel has internet connection, so she could well be online later or if not in a couple of days time. So don't panic hun.

[Amethyst]

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

First effort needs work so will edit as I go through it with Tools - any other comments most welcome. This is on top of and in addition to the WS made for the original hearing which you can see Legal Beagles

NEED TO DO COSTS SCHEDULE TO TAKE WITH YOU.

£9.25 hr prep and attendance plus stationery/postage/parking I would suggest 20 hours and around £20 stationery (so they owe you a £10 overall pmsl).


-------------------------------------------------------------------------------------------------------------
National Westminster Bank Plc
claimant

-AND-

Mr XXXXX and MRS XXXXX
defendants

JOINT WITNESS STATEMENT

OF XXXXX

We, MR XXXXX and MRS XXXXX of xxx(address) will say as follows:-

1.We are the Defendants in this case.

2.We make this Witness Statement from information and facts within our own knowledge and which we believe to be true.

3.We make this Witness Statement in relation to claim numbers XXMRXX and XXMRSXX. This Witness Statement updates the position in the matters on the Witness Statement made on DATE (attached)

4. The original Judgments (attached) relate to a debt with National Westminster Bank plc for which we are jointly liable being a joint personal loan (account number) and a joint current account overdraft (account number xxxxxxxxxxxx). Both Judgments order repayment by installment of £XX per month in claim XXXXX and £XX per month in claim XXXX.

5: We have attached statements from the Claimant showing the current status of the debt. This shows regular payments to the account via Shoosmiths and Irwin Mitchell and shows the current debt on the bank account number XXXXXXXXXX stands at £316.24 and on the loan account number XXXXXXXXXXXXXx stands at £2444.35. This makes the total debt to the Claimant £2760.59.

6. In addition we continue to dispute with the claimant on the same debt regarding unfair charges. Following the hearing on 8th July 2009, the Claimants have refunded an interim amount totalling £3778 of the disputed sum. The disputed sum now stands at £2565.73 (please see attached schedule of charges) This dispute has not been entered at court as it is currently being negotiated between the Claimant and ourselves. However if the court would prefer us to formally enter a counterclaim we shall be guided by the court.

7. Taking into account the disputed amount this brings our liability to the Claimant to £194.86.

8: We are Litigants in Person and can not afford legal representation and we ask the court for consideration of this when deciding this matter.

9: We attach all relevant documents.
* Witness Statement xxxxxxxxxxx
* Statement of advantage gold account number xxxxxxxxxxxxx dated xxxxxxxxxxxxxxx
* Statement of Personal Loan account number xxxxxxxxxxxxx dated xxxxxxxxxxxxxx
* Schedule of disputed charges claim

10: We respectfully ask that the court continue to set aside the original judgments in claim XXXXXX and claim XXXXX and remove the interim charging orders on our property, as indicated at the last hearing held on 8th July 2009, and ask the claimants to enter a single joint claim against us for the correct balance against which we may be able to defend/counterclaim for the disputed amount.

SIGNED DATED


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


THis is the other witness statement for the last hearing which will be attached to this one

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)

5. 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)

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

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

8. 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.

9. 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.

10. 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.

11: 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.

12: 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.

13: 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)

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

15. 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.

16. 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.

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

18: 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.

19: 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.

20: 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.

[ruby15]

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

Ame you are a star!! Let me know when you are finished with it and I can get it printed off. I will have agood read of it myself.

[Amethyst]

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

think we're there - Tools?


oo-errr not yet lol

ok there now... last read over


Now with the costs - take a schedule of costs with you just to be ready if the judge asks you what your costs are, I wouldnt ask for them unless he asks you at this stage tho.

[Tools]

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

Yep we are all done now, fire that off to the court with the missing dates/claim numbers marked "DATE" and xxxxxxxxxxxx etc

[ruby15]

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

Thank you both of you I most grateful!!!! Fingers crossed xx

[Amethyst]

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

Fingers Legs and Eyes

Any thing you arent sure of?

Sounds like Judgey is on your side, it really depends what Shooscum come up with this time.

[ruby15]

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

Hi again, yes everything seems ok to me the only thing I am not sure of is how you have worked out the new schedule of charges? Also what format should I do the expences in? Other than that its done. God I shall be glad when this is over, but I am no where near as worried as I have been previously, just pray I get the same judge this time. One other question - on the letter from court with hearing date on, it only states me as the defendant not hubbys name, but does state to be heard with hubbys claim, does that mean Irwin Mitchell wont be there?

[Amethyst]

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

Hi again, yes everything seems ok to me the only thing I am not sure of is how you have worked out the new schedule of charges? Also what format should I do the expences in? Other than that its done. God I shall be glad when this is over, but I am no where near as worried as I have been previously, just pray I get the same judge this time. One other question - on the letter from court with hearing date on, it only states me as the defendant not hubbys name, but does state to be heard with hubbys claim, does that mean Irwin Mitchell wont be there?

The new schedule of charges I have just changed the date to calculate to and entered the £3770 odd refund as a minus figure on the date it was paid.

Expenses / Costs will get you a format in a bit (just popping to shop)

[ruby15]

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

Ame have you got that Expenses format for me?:tinysmile_twink_t2: