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

[ruby15]

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

Hi, thank you to both of you for coming back to me on this. Is there any point in resending the letter as the lady at the court said there was not much to be done other than to wait and see what the judge said.

[Amy]

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

This letter, was it the one that went with your N244?

As for the clerk at the court, I wouldn't pay too much attention to what she said.

[Amethyst]

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

Aye, send the letter in again, but in the meantime we'll prepare your witness statement for the redetermination hearing. Just going to get the facts together then will pop it up for you to amend etc.

[Amethyst]

Ignore for now Ruby am working on it...................

We need this judgement setting aside

National Westminster Bank Plc

claimant

-AND-

name

defendant

WITNESS STATEMENT

OF name

I, Ruby of address address address 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 redetermination of a county court Judgement reference claim number XXXXXXX.

4. This Judgement relates to a debt with National Westminster Bank plc for which I am jointly liable with my husband Mr XXXXXX XXXXXX being a joint personal loan and a joint current account overdraft.

5. The total owing to National Westminster Bank Plc is £3797.64 for Loan account number XXXXXXXXXXXX, and £2448.59 for an overdraft on current account number XXXXXXXXXXx held with the National Westminster Bank Plc. The total debt is £6246.23.

6. Both of these accounts were held jointly by myself, Mrs XXXXXXXx and my husband Mr XXXXXXXXX.

7. On xx/xx/xxxx my husband, MR XXXXXXX, received a claim form from Northampton Bulk Processing Centre dated 20th June 2008 for the debt detailed in paragraph 5(above) Claim number XXXXXX. The claim was bought by Irwin Mitchell Solicitors. Please see appendix 1a.

8. Mr XXXXXXXXX entered an admission on XX/XX/XXXX for the full amount and made an offer to pay of £25.00 per calendar month.

9. With reference to claim number XXXXXX The District Judge sitting at XXXXXXXXXXXXXX county court on XXXXXDATExxxxxxxxxxx made the following orders

• Judgement entered against the defendant on DATE for payment of £25 pcm or £6573.29 payable forthwith.

10: On xx/xx/xxxx I received a claim from Northampton Bulk Processing Centre dated 13th June 2008 for the debt detailed in paragraph 5 (above) Claim number XXXXXX. The claim was bought by Shoosmiths Solicitors. (Appendix 2a)

11: On xx/xx/xxxx I entered an admission for the full amount.

12: The District Judge sitting at XXXXXXXXXXXXXX county court on XXXXXDATExxxxxxxxxxx made the following orders

• Judgement entered against the defendant for £6536 payable forthwith.

13. I applied for redetermination of the sums payable on XXXXXDATEXXXXXX to an affordable monthly installment of £25 per calendar month.

14: It is my contention that this claim number xxxxxxx is a duplicate of claim number XXXXXX as both relate to the same debt with National Westminster Bank Plc (detailed in paragraph 5 above) and as such should be set aside.

[ruby15]

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

Amethyst you are a true star, I really cant thank you enough for your help!!!!!!!!!

[Amethyst]

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

Its okay, we're having a discussion on it now so don't do anything yet.....

abuse of process country courts act 1984 (ref wendys thread) strike both claims out and make offer to NW for £50 month or they can claim against correctky against joint defendants.

[ruby15]

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

Any update Amethyst?

[Amethyst]

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

Aye, well thinking anyway.

To claim twice from same cause of action (ie the debt) is an abuse of process under the county courts act 1984 sec 35

35 Division of causes of action

It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts.

In your case the same cause of action has been used twice (rather than split) for seperate claims by seperate ''solicitors'' and isn't split so I'm not sure that applies so I don't think you can ask it to be struck out on that basis. But it has been split into two defendants, whereas it should have been bought against you both as joint defendants.


So basically both claims are incorrect and should both be struck out, and a new claim made by Natwest against you as Joint defendants for the total figure of approx £6.2k.


However, you have a judgement for the full amount against your husband with an installment order of £25 a month, which i assume suits you both, and getting both struck out and reclaimed by natwest could possibly (very slight) lead to a forthwith order against you both, further redetermination etc.


So we could ask for both to be struck out as an abuse of process, then go to Natwest and offer a payment arrangement of £50 ?(assumng you were going to offer £25 each) to save them the costs of returning to court etc and risk them claiming against you jointly and dragging it out




or we stick to asking for the shoosmiths claim to be struck out, and see what the judge has to say on the matter.

Still thinking though Sorry. The witness statement I will carry on with this evening and tomorrow and then we'll get that to the court with your claim forms/orders copies to back it up asap.

If anything makes no sense just ask.

[ruby15]

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

Thanks for helping Amethyst and anyone else who is helping. Hopefully hear from you tomorrow. Wont be on until evening though.

[WendyB]

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

FWIW Ame I think you're right about not using abuse of process in this instance, it could possibly make things worse and drag on etc etc. Would it be worth sending a letter to Natwest and both solicitors along the lines of what's in the witness statement? One or the other might back down and see the light? Or am I just being too naive here?

[Amethyst]

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

Well it can't hurt can it.

[ruby15]

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

I does anyone have any advice for me?

[Amy]

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

Ok Ruby, we weren't sure whether to advise you to go down the N244 route, the redetermination route or to go for a strike out on one or both claims.

The redetermination route allows Natwest to collect on this debt twice and also to claim costs twice. They cannot do this as Ame has indicated above.

The strike out route could possibly compromise your husband's position with regard to his monthly repayment that they have already agreed to.

I prefer the N244 route as this will give you the opportunity to amend (as above), to speak to the Judge at the hearing and to tell him your story, thereby allowing him to make up his own mind as to the splitting of this claim between two claimants.

If you have any other thoughts let us know.

[ruby15]

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

I really dont know what to do for the best I am open to any suggestions!

[ruby15]

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

Anyone??