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

[ruby15]

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

Amethyst, I have sent the Witness Statement to you via email as I could not manage to post on here for some reason, hope thats ok. Please let me know if you dont get it.

[Amethyst]

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

Thanks honey have that now. Just tidying up after the bedlam then be with you xxx

National Westminster Bank Plc
claimant
-AND-

Lxxxxxxxxxxxxtt
defendant

WITNESS STATEMENT

OF Lxxxxxxxxxxxxxxtt

I, Lxxxxxxxxxxxxxxxtt of xxxxxxxx xxxxxxxxxxxxxx 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 8Qxxxxxxxx.

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

5. The total owing to National Westminster Bank Plc is £2448.59 for Loan account number 50XX300XX27X11, and £3797.64 for an overdraft on current account number XX47X66X held with the National Westminster Bank Plc. The total debt is £6246.23.

6. Both of these accounts were held jointly by myself, Mrs LXXXXXXXXXXXtt and my husband Mr AXX XXXt.

7. On 20/06/2008 (this is the issue date on the claim form ???) my husband, Mr A XXXt, received a claim form from Northampton Bulk Processing Centre dated 20th June 2008 for the debt detailed in paragraph 5(above) Claim number 8Qxxxxxx. The claim was bought by Irwin Mitchell Solicitors. Please see appendix 1a (?).

8. Mr AXXXt entered an admission on 23/07/2008 (date on acceptance letter from court ??) for the full amount and made an offer to pay of £25.00 per calendar month.

9. With reference to claim number 8Qxxxxxx The District Judge sitting at Northampton county court on 23/07/2008 made the following orders

Judgement entered against the defendant on 23/07/2008 for payment of £25 pcm or £6623.29 payable forthwith. The Defendant has been making payments of £25 pcm to the claimant.


10: On or around 15/06/2008 I received a claim from Northampton Bulk Processing Centre dated 13th June 2008 for the debt detailed in paragraph 5 (above) Claim number 8X. The claim was bought by Shoosmiths Solicitors. (Appendix 2a)

11: On or around 20/6/2008 I entered an admission for the full amount.

12: The District Judge sitting at Northampton county court on 17/07/2008 made the following orders
Judgement entered against the defendant for £6536.23 payable forthwith including costs.

13. I wrote to the court on 20/8/2008 (letter attached) and received an order for a redetermination hearing for redetermination of the sums payable on 20/08/2008.

14: However, It is my contention that this claim number 8Xxxxxxx is a duplicate of claim number 8Qxxxxxx as both relate to the same debt with National Westminster Bank Plc (detailed in paragraph 5 above) and as such should be set aside.

Can you make sure you have all the bits you need to attach to the form sorted, letters/orders/claim forms etc. as detailed in the WS.

Back later

[ruby15]

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

All paperwork ready and waiting.

[ruby15]

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

Have to take my daughter home now so wont be on for a while, dont worry if you arent on when I get back as I will catch up with you tomorrow. Thank you for your help!
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Hi, I have to go and take my daughter home now so wont be on for a while, dont worry if you arent on when I get back I will catch up with you tomorrow. Thank you for your time again!!

[Amethyst]

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

Excellent

[ruby15]

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

Hi Amethyst, I have got everything together now, is there anything else that needs doing?

[Amethyst]

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

Nope that should be it, are you happy with it?

Send or take that into court tomorrow with all the attachments for the judges attention. Also send copies of everything to Shoosmiths and Natwest (the addresses from the claim forms) and mark the envelope urgent court documents and get a certificate of posting from the post office.

What may happen

The Judge may ask you to submit a formal strike out application for this claim only and allow the other to stand.

He may ask you to submit a formal strike out application for both claims and order Natwest to reclaim. Get a couple of N244 forms from the desk before you leave if he does and we'll help with it.

He may just deal with everything there. Take along yours and your husbands income expenditure sheets (a joint one would be best) and have prepared the figure you are prepared to pay between you towards this debt.

I know you are nervous about attending court, but please go. They may not turn up.

If they do you will likely be asked if you wish to speak to the shoosmiths solicitor before going in to the hearing. This is entirely up to you but i would recommend you don't. They are usually quite nice people but they are there to do a job, and can be quite intimidating.


Remember - there is only ONE debt and they have claimed against you for it twice, you are completely in the right and you are not trying to avoid your obligations at all.

[ruby15]

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

Thats great!!! I am very happy with it!!! When you say take into court tomorrow do you mean deliver it tomorrow or do you think that its the hearing tomorrow (its actually on Fri)?? If you mean post to court tomorrow should I include a covering letter or will it be ok on its own? With regards to the income and expenditure are there limits on things like Food etc that the court allows? or just use my own figures including everything? Our mortgage company are allowing us to pay interest only for now so do I include that figure or what I soon will be paying, also I have just started work part time last week not sure what my take home pay will be (21 hrs at £6.50 per week) what figure should I put for that? I so sorry to be so thick!!!
PS will my hubby be able to come into the hearing with me do you know?

[Amethyst]

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

Take it into the court so the judge has it a few days before. Yes put a covering letter with it and if you like mention in that that you might be nervous in court, also say your husband will be attending with you. He will be allowed and probably allowed to speak but you will have to be guided by the judge on the day.

With your IE use your true figures...I think food wise they allow £25 per person per week as a general guideline. Which doesnt seem much to me, just use your true figures and if there are any problems with those they will say. I would leave the IE as it was, ie with the full mortgage and without the part time work, for this hearing, if it does go on to reclaim to you both jointly then use the new figures once they are settled. If it does come up say you hope your circumstances will improve and you are happy to review payments quarterly.

And well done on sorting out part time work.

Which court are you at on friday by the way?

[ruby15]

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

Is the judge likely to ask if I am working though, I cant lie. I am so nervous but do feel much better with your help, I really cant thank you and everyone else who has helped enough!!!

[Amethyst]

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

Okay do you want to do your IE and send it over to me on email. Do it with your current job and the mortgage interest part. Also is it a joint IE you are doing or individual ones for you and hubby ?


you want me to help a bit with the covering note?

[ruby15]

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

I hardly dare answer you, but yes could you help if you dont mind I am doing a joint IE and its not looking good though!!

[Amethyst]

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

Dear Sirs

Please find enclosed a Witness Statement and supporting documentation for the attention of District Judge XXXXXXXXXX prior to the hearing for claim reference XXXXXXX to be held on XXXXX November 2008 between Natwest and myself.

These documents have also been sent to the Claimants.

I shall be attending court on the XX November and my husband, Mr XXXXXXX, will be supporting me. I am quite nervous about speaking in this kind of evironment and respectfully ask that the Judge allows my husband, Mr XXXXXXX, to speak on my behalf, as he is also a party to the proceedings.

Yours faithfully

Ruby



Dear Shoosmiths/Natwest

CLAIM REFERENCE XXXXXXXX
Hearing Date: XX November 2008

Please find enclosed copies of witness statement and documentation that has been submitted to the XXXXXXXXXXX County Court for the attention of District Judge XXXXXXX in preperation for the hearing on XXX November 2008.

Your sincerely

Ruby



Just rough...hows that sound?

[ruby15]

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

They are perfect!! Income & Expenditure just been emailed to you.
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Just noticed on the Witness Statement what do you mean when you refer to Appendix 1a etc...

[Amethyst]

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

Just when you attached the corresponding documents call them appendix 1a, 1b, 2a, 2b and so on. Just for identifying them easily to the court.

Will open my emails now.