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

[Amethyst]

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

So they have judgement for the same debt twice?

If that is the case we need to sort this out with the court asap - the amounts are slightly different.

You dont by any chance have the original claim forms you were sent by the court (The N1 which you entered the admission in response to) Were there two claim forms? one for you and one for your husband, with different claim numbers.

[Amethyst]

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

Here -

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.


County Courts Act 1984 (c. 28)

[ruby15]

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

Hello again. Yes they have judgments for the same debt twice one for my OH and one for me. The court costs were £5 more for myself. I do have copies of the original claim forms but took no copies of the parts I had to send back unfortuantely.
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Amethyst - What????? Sorry but you are dealing with a total novice here

[WendyB]

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

Can you scan in the original claim forms then Ruby. With personal info removed of course.
What Ame means is that the person bringing the case is not allowed to split the claim in order to get more money out of you. They either claim all or nothing, not a bit at a time or from different defendants. bryan carter tried that with me - didn't get them very far though!

[Amethyst]

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

You are fine honey.

It sounds to me as though the original creditor has tried it on a bit, they have entered two claims for the same debt, one for you and one for your husband. Somehow it hasnt been picked up by the court and the claim admissions have been rubber stamped.

Full judgement is on your husbands claim, and it is for £25 a month. That is all you should pay.

We need to get your claim cancelled as it should never have been bought.

So first thing to do is to call the court in the morning and tell them both claim number and say it is for the same debt and should you continue to redetermination to have it cancelled or write to them first.

I think we need to do a letter explaining it to the court really, in case who ever you get on the phone doesn't understand so will have a go later on at that.

Could do with know the date of the original claims and both claim numbers, also the particulars of claim from each form if you don't mind typing them up (sorry) - or if you can do as Wendy said that would be even better.

We can sort it so don't worry, you will not be paying this debt twice.

[ruby15]

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

I can not upload the claim forms for some reason can I email them to you instead?

[Amethyst]

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

Yep - Amethyst@legalbeagles.info


THANK U (((((((((((hug)))))))))

[ruby15]

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

Ok Amethyst email now sent

[Amethyst]

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

thanks ruby makes more sense now

Okay there are two claims both for an account with Natwest.

This was passed out to two seperate DCA's - one Shoosmiths, and one Irwin Mitchell

On the 13th June Shoosmiths entered a county court claim against you for £6246

On 20th June Irwin Mitchell entered a county court claim for the same debt against your husband for £6283

both added 190 court fee and 100 solicitors fee.


the Irwin Mitchell one went through first - you made an admission and offer to pay of £25 a month which was accepted by the court.

The Shoosmiths one - is the one we are looking at and needs to be cancelled. You also made an admission but missed the offer to pay part in error and thus the redetermination hearing.

We need to write to the court and explain the circumstances, and also Shoosmiths and Natwest (as primarily its their responsiblty as they farmed it out to two DCAs)

There was definately only two loan accounts yes ? (one around 4k balance and one around 2.5k) (nb. the irwin mitchel claim split the accounts and the shoosmiths one lumped the together)

[ruby15]

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

Yes Amethyst you are correct with every thing. One of the amounts was for a loan (£2,500 ish) and the other was an overdraft. Is there any chance you could help me with the letters - sorry to be a pain.

[Amethyst]

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

Fabulous. Yes will help you with the letters. Thanks for all the info it really helps to have as much as possible in order to help properly.

Will probably be a couple hours as have to do some stuff at home for a bit xx

[ruby15]

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

Ok no problem. I really cant thank you enough, I have not had a good nights sleep for days with this hanging over me, you really are a star. Should I still call the court tomorrow or just write to them?

[Amethyst]

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

Dear nice court person

I have received notification of a hearing for an application for redetermination of a Judgement - claim number XXXXXXXX.

It has come to my attention that the court has issued two seperate Judgments on the same debt. The first is Claim Number XXXXXXXXXXx issued by Shoosmiths Solicitors, the second is Claim Number XXXXXXXXXXx issued by Irwin Mitchell Solicitors, both are for the same National Westminster Bank accounts.

Therefore I intend to amend my application for redetermination to application to remove the judgement.

Yours faithfuly


Ruby



That will be okay for the moment.

We'll need to do an N244 Iwhich you can download off the HMCS site or add into the letter for them to send you one to do manually) to get the application hearing changed, and write to Natwest and Shoosmiths to tell them what has hapened.

If someone would like to help Ruby with this over the next couple days it would be appreciated.

I don;t think it will be a problem to sort out, we need to ask shoosmiths to confirm the account numbers which should match the ones on Irwin Mitchels claims, and those held by Natwest.

[Amethyst]

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

Credit Reports: CCJ Removal

is what we need to do (just handy tips for letters)

[ruby15]

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

Amethyst you are an absolute star!!! Should I ring the court today though?