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

[ruby15]

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

Hi Wendy, I mentioned that to the clerk this morning she said they are aware of that but judge wants to go ahead anyway...

[Amethyst]

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

Hi Ruby xxx

Sorry have been away for a few days.

Don't worry abouot court just do the same as you did last time, take along all the letters including the one to natwest, the judge will have your witness statement (take a copy too just in case) and will probably be same judge - just tell him what you have put in letters and you don't want to have two charging orders for the same debt, you have made an offer to pay and are committed to sorting your debts out, however you don't feel its fair to have £12k of CCJ and charging orders when the debt is only £6k.

What times hearing?

If he does stick the charging order on don't worry, you are going to get one anyway and when we do the charge claim we can pay it off and get it removed.

Charging order doesn't mean you will lose house AT ALL.

Love ya and sorry not to have been about xxxxxxxxxxxxx

[WendyB]

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

thats what I thought but wanted confirmation from someone who knows what they're talking about! Thanks Ame xx

[ruby15]

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

Ame thank you for sticking with me on this. I have been fine until this morning! I hope its the same judge as last time as he did seem very sympathetic and if we had had proof that my hubbys claim was for the same account as my claim then it would have been sorted, but we dont have that info still as had nothing back form Irwin Mitchell yet or will their solicitor have that today at the hearing? Its not till 4pm luckily so it gives my hubby time to get back hopefully from work.

[Amethyst]

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

The SAR information from Natwest should be proof enough, especially the default notices. If Irwin Mitchell got your letter the solicitor may have the info, but I suspect he will know nothing and simply be there to rubber stamp the charging order. The Judge has all the info, so basically its down to him.

If you don't understand anything he says, ask him, and if the solicitor says they are allowed to claim the full amount off you as well as shoosmiths for natwest then ask why.

[ruby15]

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

Exactly what paperwork should I take? What paperwork are you refering to when mentioned the SAR in your last post? or do you mean the paperwork thats already been sent to Judge?

[Amethyst]

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

Yes, the stuff you sent with the witness statement and stay application The default notices were part of that weren't they ?

[ruby15]

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

They were, all in my folder and ready to go. Just waiting for hubby to get back yet though! Wish us luck and I will report to you when I get back. xxx

[WendyB]

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

Good luck Ruby. Perhaps the judge refused the stay because he wants to give Natwest and their moronic solicitors a good public ticking off. I do hope so. hope you have good news for us later

Wendy xx

[ruby15]

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

Many thanks WendyB !!! Fingers crossed!!!

[Amethyst]

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

Good luck this afternoon Ruby x Be thinking of you. You will be fine

[Budgie]

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

Any news Ruby ???

[ruby15]

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

Well, we attended the hearing. To be honest the judge was lovely but had not read any of our paperwork and thought that we were applying for a stay but Irwin Mitchells solicitor informed him that they were looking for a charging order. Hubby told him that NW had 2 claims against us for the same debt which the judge was surprised about, and he told Irwin Mitchell that "this was hardly fair" they replied by saying they knew nothing of the other claim against me. The judge said that he could do nothing about the fact that NW were going after us both at this stage and that he would allow Irwin Mitchell to apply for a charging order and then he suggested that we then bought this up at that hearing. He also has put a note on file to say that both mine and my hubbys files should now go together. He told the Irwin Mitchell solicitor to make sure that their company and also NW were aware of the fact that there were 2 claims agianst us, to which I told him NW were already aware but he replied that perhaps it had not "reached the right ears!!"
Did not think to ask while we were there, but seeing as we did not get a "stay" what happens to our £35 postal order, is that now lost or can we get it back? Now got to wait to see who applies for charging order first - Irwin Mitchell or Shoosmiths?

[ruby15]

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

Bumping this as going out for awhile

[Amethyst]

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

grrrrr this bloody justice system is a pile of poo sometimes. rather unfair !

Good that at least he is linking both claims together now, the overall claimant is Natwest, the solicitors are middle men, so basically Natwest is claiming against you twice.

So he's granted permission for Irwin Mitchell to apply for charging order - the two files linked in together should now mean shoosmiths won't get permission to apply for one - although in my mind their claim should be struck out completely.

Re the charging order you will get some paperwork from the land registry and something from the court called an interim charging order, which basically secures the debt on the house temporarily while things are sorted out - then there will be a hearing for putting a final charging order on the house. The interim order isnt a problem, but we want to get all this mess sorted before the final charging order hearing. final charging order will just sit on the house as a second charge as you continue making the £25 monthly payments reducing the balance, then if you sell the house natwest will take their cut after the mortgage company before you get any equity.

Ideally we want the charges claim to come into play before the final charge is set on the house as that will cover the debt.

You should follow up the letter you sent Natwest with a call to see they received it and what they are doing about it.

So frustrating.... you are doing brilliantly honey, bet you weren't as scared this time next time will be a breeze...well done