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

[WendyB]

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

Could you not request details/breakdown of how the claim was made up? Then surely the solicitors would have to send a breakdown of charges etc, which they would have to put the account number on. If it was the same account number then there's your proof. If they hadn't got an account number how could they prove it was your debt in the first place?

Otherwise they could just go round issuing summonses willy nilly, couldn't they? As in, well lets take Mrs XXX to court, tell her she owes us 6k, and get it rubber stamped and hey presto, a licence to make money and rip us all off. )Oops sorry forgot thats what they do anyway)

Wouldn't this be cover by CPR somewhere or other?

[ruby15]

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

Hi WendyB, unfortunatley i admitted to the claim before finding this site and I was very naive about the legal system (still am)

[enaid]

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

Hi Ruby,
On your letters from the 2 solicitors is there a reference number ?
Sometimes this is the same as your account number with the bank.
Can you not ring them if it is not the case and ask them for the account number the debt is for?

[ruby15]

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

I have checked all through the paperwork again and there is nothing matching the account numbers at all. I have just written a letter asking for a breakdown of charges and which accounts they relate to. A letter which I think was a CPR18 was sent in December to which they never replied despite reminders from myself.

[Glenn UK]

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

I have checked all through the paperwork again and there is nothing matching the account numbers at all. I have just written a letter asking for a breakdown of charges and which accounts they relate to. A letter which I think was a CPR18 was sent in December to which they never replied despite reminders from myself.

Are you aware that the cpr18 letter has to be in a certain fromat?

Unless cpr 18 has changed in the last 6 months that is.

If you issued it in the corect from you can ask the court to enforice the porduction of the informaiotn.

HTH

Glenn

[ruby15]

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

No, what kind of format?

[enaid]

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

Ruby this is part of the letter that is on post 157 on this thread it is the letter requesting the info you required.


If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

As they didn't reply to your request did you do what this paragraph says?

[ruby15]

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

I appologise as i really am out of my depth with all of this. I know that I applied for a "stay" and sent off the CPR 18 to Irwin Mitchell and Shoosmiths, however I was not granted the "Stay" and I was never sent the paperwork requested. I have no idea on the procedure and did as was suggested to me, I did not realise I should have done something more about this. What do you suggest? I am truly sorry for being such a pain but I dont know who else to turn to, I am feeling so down about all of this!

Just been looking through all my paperwork and after my hubbys last hearing in December the court sent him a "General form of Judgment or Order" which stated that the claimant had permission to issue and application for a Charging Order and that this file should be heard with my claim number. Why then have we got 2 different hearing dates? Should I call the court to query this or just bring it up at the first hearing in July?

[ruby15]

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

"Bumping this" Sorry to be a pain!!

[enaid]

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

Ruby please do not think for a minute that you are a pain.
I am out of my depth with this myself and was only trying to understand just where you are up to. From what I can gather you need to prove to the judge that it is the same account these people are chasing.
I'm sorry you are feeling so down about this, but Ame will help you as much as she can I'm sure.
Enaid x

[ruby15]

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

You have all been so good to me on here, I just hate being so dependant on other people, I know how busy you all are. If you talk to Ame could you ask her to take another look please. Many thanks!!!

[Amethyst]

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

Hi Ruby

We need to do a bit of work to get back on track here.

Do you have all your paperwork together that you have sent and received from the court and Rbs ?

Can you write me a list in chronological order please - just a brief description (don't worry about up to the original orders to pay but everything since)

Its difficult to know what you have done or not at the moment so a summary would be excellent.

please don't let it get you down, just get everything together, focus and we WILL sort it out. If you want to set a couple hours aside one evening then we can go through it all and chat in the chatroom or on the phone about everything and make sure we are singing from the same hymn sheet.

First step though is the list please

Thank you

Ame

[ruby15]

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

Hi Ame, you are a star!! I will get the list done and send it to you or post it on here, which ever you prefer. Sorry I didnt come on the computer last night as once my daughter gets in she takes over the computer the little monkey! Many thanks!

Shall I hold off sending the N244's for now? (couldnt post before today as awaiting pay day for the fees as I dont seem to qualify for remission), however they are all ready and waiting to be posted.

[Amy]

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

Shall I hold off sending the N244's for now? (couldnt post before today as awaiting pay day for the fees as I dont seem to qualify for remission), however they are all ready and waiting to be posted.

Remission and exemption is precisely for this reason - for people who cannot afford the fees.

[Amethyst]

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

23/7/08 Mr received Judgement for Claimant (acceptance) letter from court to pay £25 pm.

15/8/08 Mr received Notice of Transfer of Proceedings to local court

16/9/08 Mr received letter for Irwin Mitchell offering either a payment plan or a one off settlement.

1/10/08 Mrs received Notice of Hearing letter from Court for 28/11/08.

14/11/08 Mrs received a statement of costs for the forthcoming hearing from Shoosmiths

25/11/08 Mr received Notice of Hearing from court for 9/12/08

28/11/08 (Not sure if this is relevant) Mr & Mrs both received letters from Natwest - A “Notice is given in compliance with the Consumer Credit Act 1974 because you have failed to make required payment. Re : Terminated Overdraft on account number XXXXXX
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

2/12/08 Mr sent CPR 18 letter to Irwin Mitchell.

2/12/08 Mr sent application for a Stay to court.

6/12/08 letter sent to Natwest (see post 165)

9/12/08 Mrs received letter from court “General Order of Judgment or Order” following court hearing on 28/11/08 stating 1. Judgement order to pay £25 pm. 2. Permission to apply for a charging order to enforce the judgment.

17/12/08 Mr received letter from court received “General Order of Judgment or Order” following court hearing on 9/12/08 stating 1. Claimant has permission to issue an Application for a Charging Order. 2. This file shall be heard with Claim Number XXXXX(Mrs)

5/1/09 Letter received from Natwest (see attached)

20/1/09 Letters sent to Natwest, Irwin Mitchell & Shoosmiths (see post 224) together with spreadsheet.

30/1/09 (Not sure if this is relevant) Mr & Mrs both received letters from Natwest - A “Notice is given in compliance with the Consumer Credit Act 1974 because you have failed to make required payment. Re : Terminated Overdraft on account number XXXXXX

5/3/09 Reminder sent to Natwest re previous letter

30/4/09 2nd reminder sent to Natwest

20/5/09 Mrs received Interim Charging Order letter from Court.

20/5/09 Mr received Interim Charging Order letter from Court.

29/5/09 Mr & Mrs Applications to set aside judgments ready to be sent to court.

29/5/09 Letter ready to be sent to Irwin Mitchell asking for full breakdown of charges and relevant account numbers.