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

[Amethyst]

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

Hi Honey ((((((((((((hug))))))))))))))) sounds like you did really well. We'll have to get a bit stronger with them now me thinks and get all the information out of them through CPR 18 etc (dont worry will explain later) I think we also apply for a stay of the variation of judgement order to get it all sorted out and get some letters to natwest shoo and mitchell.

I have to do some stuff now but will be back after 7.

Well done for today - you did good xxx

[ruby15]

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

Thats great Amethyst!! I am more determined than ever now to get this sorted. Talk again later. And thanks again for your help with today! x

[scoobydoo]

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

Hi Ruby

Well done - I am sure you must have been really scared so I am glad with all the help you have had you are at least moving forward. It may be a long fight but hopefully not so scarey now.

Scooby

[Tools]

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

As Amethyst has suggested ruby asking for "more information" (cpr18.1), specifically to ask for the missing account number for your husbands account Judgement. This will clarify to the Judge that it is not just similar amounts but the same claim.

CPR 18.1 states

Obtaining further information

18.1

(1) The court may at any time order a party to –
(a) clarify any matter which is in dispute in the proceedings; or

(b) give additional information in relation to any such matter,

whether or not the matter is contained or referred to in a statement of case.

(2) Paragraph (1) is subject to any rule of law to the contrary.

(3) Where the court makes an order under paragraph (1), the party against whom it is made must –
(a) file his response; and

(b) serve it on the other parties,

within the time specified by the court.

I also remember seeing something in the OFT's guidelines for debt collection that they are not allowed to instruct two different collectors for the same debt, I will see if I can find the relevant section for you. This may not be applicable as the two claims are against two separate parties (you and your husband) but if the account numbers and the debt can be linked as the same you may be able to use it in your favour as ammunition. Going to see if I can find the OFT information.

[ruby15]

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

MAny thanks for the help Tools!!

[Tools]

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

Taken from the OFT`s Debt collection guidance (pdf 117 kb) I have quoted the parts I think may be appropriate in your case.

Communication
2.2 Examples of unfair practices are as follows:

b. leaving out or presenting information in such a way that it
creates a false or misleading impression or exploits debtors'
lack of knowledge

Physical/psychological harassment
2.6 Examples of unfair practices are as follows:

c. using more than one debt collection business at the same time
resulting in repetitive and/or frequent contact by different parties

d. not ensuring that an adequate history of the debt is passed on as
appropriate resulting in repetitive and/or frequent contact by different
parties

e. not informing the debtor when their case has been passed on to a
different debt collector

i. failing to investigate and/or provide details as appropriate, when a debt is
queried or disputed, possibly resulting in debtors being wrongly pursued

k. not ceasing collection activity whilst investigating a reasonably queried or
disputed debt.

[ruby15]

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

Yes I can see that may be helpful.

[Amethyst]

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

Okay the information we need to get

Account numbers from Irwin Mitchell to show they are same as the one Smoosmiths have.

Balance and Status of all accounts held with Natwest - usually we would do this under the Data Protection act - but you are short of time so we will use a Part 18 - Natwest are formally the claimants and Shoosmiths and Irwin Mitchell are acting on their behalf.

With the Part 18 we'll write a letter detailing some of those parts Tools pasted above and explaining the situation and asking them to look into it We'll add a full SAR in as well.

We'll also write to the court requesting a stay on both claims pending information receipt...i think we may have to apply formally on N244 for each but you should be exempt from fees and will have a chat with a couple peeps before we do anything on that score.

Also need to look at the charges claim.

Can you afford to pay both the £25 and the £20 a month while this gets sorted out ?

[ruby15]

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

Hi Amethyst, thanks for coming back to me. Yes we can afford to pay £25 + £20 while we get things sorted. Can you tell me what to do first and help me with letters please? I did send off a SAR as I am attemping to claim back bank charges from Natwest, they have sent me alsorts of things, none of which make sense, what is it that you need? We dont have much time on this as the new hearing is next Tue (9th Dec).

[Amethyst]

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

Fabulous - yes am aware we dont have much time, will work on something today/tomorrow. If you can find anything relating the the loan and overdraft in the SAR stuff - basically you need to show that you only had ONE loan and ONE overdraft with Natwest, and the defaulting balances.

Also if you are stayed in court with the claim against the overdraft - do you have the letter applying the stay and your orginal POC.

[ruby15]

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

Ok, I will look through all the paperwork, there is loads. Are you refering to the letter NW sent us saying they dont think we meet their critria of hardship and that we have to wait until the test case is over? What is a POC?

[Amethyst]

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

Yes that letter.

You didnt take the charge claim to court did you ? so forget POC (particulars of claim)

Also if you have any sheet which shows all the debts/products you hold with Natwest that would be good.

Also final notices for the overdraft and loan, default notices before natwest passed on to shoo and mitchell etc that kind of thing.

[ruby15]

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

Do you want any paper work sent to your email address Ame?

[Amethyst]

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

If you have it scanned in that'd be grand ta.

sharon_karne@msn.com or Amethyst@legalbeagles.info.

[ruby15]

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

Ok Ame I will do that later after dinner. Thank you!