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

[Amethyst]

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

SUMMARY

Debt with Natwest - Overdraft / Loan totalling 6k

Sent to two different DCA's

Both DCA's entered claims in court for 6k each - One addressed to Mr and one to Mrs and both were admitted by defendants and offers to pay made.

Two charging orders applied for on same debt.

Charges claim notified to them which outweighs entire debt (ie over 6k)

[Amethyst]

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

Just thinking Ruby.....so dont worry.


Can we apply to set aside both judgments on the basis of the debt is outweighed by the charges even though the claim was admitted and offered to pay - because she was unaware at the time of the charges.

N244 to set aside and defence/counterclaim.

Defend charge order application on same basis.

CCA request too on the loan.

Write to Natwest saying hardship claim deal with it now and complaint to FOS and OFT ref 664 as they have ignored letter and dispute.

[Curlyben]

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

N244 needs to be set aside on the biases of charges awaiting the outcome of the Test Case and FSA waiver terms.

Rather than simply CCA do a FULL SAR and see exactly what has been going on, or do it as well.

[Amethyst]

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

Two N244's - 1 to Irwin Mitchell claim, and 1 for Shoosmiths claim.

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Part 3

Application to set aside the County Court Judgment as the Defendant mistakenly admitted the full amount of the claim and now disputes the claim in its entirety as it is made up entirely of unlawful charges and has a reasonable chance of success with a valid defence and counterclaim against the Claimant. Also the hearing on XXX DATE XXX for Final Charging Order in Claim ref Xxxxxxxxxxx and be adjourned pending a decision by the courts on this application.

Addtionally the Defendant requests that Claim ref xxxxxxx and Claim ref xxxxxxxxx be combined as they both relate to the same debt for which the defendants are jointly liable

This application has also been submitted in Claim ref xxxxxx.

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See what court comes back with then submit defence.


Thoughts?


do we mention part 18 we sent back in january ? will link to it in a sec.


Ruby also needs to complete an EX160 for fee remission.


RUBY - just confirm you didnt enter the N244 we dicussed in November - simply the witness statement at the hearing where the judge said he would link the claims together?

[ruby15]

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

Hi Ame, just been reading through my own thread to remind myself... N244(application for a stay??) was sent before my hubbys hearing in Dec but he didnt get a "stay" just that Irwin Mitchel were going for a charging order (hope that makes sense) it was at my hubbys hearing that the judge said that the two files (mine and his) should travel together. He said it was unfair that if NW were looking to get 2 charges on property but because there was nothing on Shoosmiths paperwork with account numbers on it could not be prooved at that point that they were in fact the same accounts. I do hope you understand, I am finding all of this very confusing. If I am not at all clear please let me know.

[Amethyst]

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

Thats fine. The original application was for redetermination as they had ordered forthwith payment. Into that hearing you took the witness statement which asked for the claims to be linked.

What we're basically doing now is what you told natwest you would do in the letter which they have seen fit to completely ignore despite two reminders.

It is confusing yes, so don't fell bad for being confused. Took me a while to work out where we were at.

You could go along with the charging order hearings and then when you get the reclaim of charges back use that to pay off the charging order - but would still need to apply to the court to have the charge orders merged - at the moment you now have £12k of interim charge orders on the property which is absolutely unfair.

I think it would be better to set aside both the claims and defend on the charges issue and stop the charge orders being finalised and removed from the land registry.

Other than the two final charge order hearings, have you had any other paperwork - land registry, letters from shoosmiths or irwin mitchell ?

[ruby15]

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

No nothing at all, just the 2 letters received from court today saying that on 27th April (for hubbys claim, 11th may for me) that the district judge considered the application of the claimant - Does that mean there was a hearing and I should have been informed about it?? My daughter needs to come on the computer for a while so will try and come back on later or in the morning if thats ok? I really do appreciate your help! xx

[Amethyst]

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

No no hearing - applications usually deal with as desk work....if no notes made on files of the link between accounts it would just appear straightforward and be rubber stamped through.



Two N244's - 1 for the Irwin Mitchell claim, and 1 for Shoosmiths claim. You'll also need to do two EX160 for fee remission

================================================== =====
Part 3

Application to set aside the County Court Judgment as the Defendant mistakenly admitted the full amount of the claim and now disputes the claim in its entirety as it is made up entirely of unlawful charges and has a reasonable chance of success with a valid defence and counterclaim against the Claimant. Also the hearing on XXX DATE XXX for Final Charging Order in Claim ref Xxxxxxxxxxx and be adjourned pending a decision by the courts on this application.

Addtionally the Defendant requests that Claim ref xxxxxxx and Claim ref xxxxxxxxx be combined as they both relate to the same debt for which the defendants are jointly liable.

This application has also been submitted in Claim ref xxxxxx.

==================================================

[ruby15]

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

Hi Ame, thanks for looking into this agian for me. I take it I need to complete 2 N244's and send to court asap then? Why do you think I will qualify for a free application though?

[enaid]

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

Hi Ame, thanks for looking into this agian for me. I take it I need to complete 2 N244's and send to court asap then? Why do you think I will qualify for a free application though?

Here ruby you can check on here

The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance) is not available

[ruby15]

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

Just had a look at that link Enaid, I dont think we will be entitiled to a remission, Is the fee for what Amethyst is suggesting £75 each? or am I looking at the wrong one?

[enaid]

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

It will be £75 per application I think ruby, have you fully read all the criteria for remission ?

[ruby15]

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

Not in depth I will read through throughly after tea.

[Amy]

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

Justice is a basic right. It is not there just for those that have money. If you do not qualify for exemption you may well qualify for remission.

[ruby15]

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

Hi, I am back with another question. During the last court hearing the judge said that if we could have proved that the two claims were for the same debt he may have thrown it out but on (I think) my original claim form it did not state any account numbers yet on hubbys it stated the account numbers. I wish I could prove this, any ideas?