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

[ruby15]

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

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

We do not qualify for full remission as my hubby earns above the threashold, and for part remission all they take into account is: Housing costs, a fixed allowance and payments under a court order, which on paper will leave us with around £1000 spare - I wish!!!

[Amethyst]

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

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. In the “General Order of Judgment or Order” dated 13th December 2009 District Judge xxxx states 1. Claimant has permission to issue an Application for a Charging Order. 2. This file shall be heard with Claim Number XXXXX(Mrs).

This application has also been submitted in Claim ref xxxxxx.

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

Thats what you have ready on the N244s but havent sent yet - in light of the natwest letter you sent me and list of letters I think we should expand that, ask for directions on the duplication of debt and enclose the order from the court saying the files should go together, and include a new witness statement and evidences (letter from natwest re hardship and doubling of debt) so hang fire have been discussing with Tools and Curly and we'll work on something thistoday/ this evening try stop this.

Am editing the N244 on here for the moment so ignore bits for the mo.


for my referentce - original stay appl and witness statement from december - Legal Beagles

[ruby15]

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

Words can not express how thankful I am for all of your help everyone!!

[Tools]

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

Have just read the Natwest letter you scanned in Ruby, dated 5th Jan 2009.

Did you telephone their Customer Relations Unit on 0845 3030 456 to ask what items of expenditure they considered to be excessive? If this is all they need in order to process your refund of charges then maybe you should also have a rethink on this area too. If they can make an interim repayment to cover the value of the CCJ ( one of them anyway) then there will be no need for a charging order and the CCJ will be satisfied. You can now also use the fact that you have further impending legal action against you to support your claim for financial hardship.

I know this may sound harsh and I mean it with the best of intentions, but unless you push a bit more yourself too then this is going to drag out and get more complicated than it really needs to be. Time to kick your arse into gear girl

[ruby15]

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

Tools you are right, I have been far too soft! I just feel this whole thing is out of my depth and really didnt know what to do for the best. I dont think I have mentioned this but I have also lost my job as well now! plus hubby in hospital next week so everything seems to be going against me at the moment.

When you all have finished what you are working on, give me a shout and I will get on with what ever needs to be done.

[Tools]

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

I dont think I have mentioned this but I have also lost my job as well now! plus hubby in hospital next week so everything seems to be going against me at the moment.

This information is somewhat vital ruby, it gives you more chance of being successful under a hardship claim and also will affect your I/E sheet.

It is vital you now do an up to date I/E sheet for you/us/the bank.

How long will hubby be unable to work for after his hospitalisation?

Give us as much and as complete a picture as you can.

[ruby15]

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

I will sort out a new I/E then. Hubby will be off work for around 3 weeks.

[Amethyst]

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

Ruby will probably have to work on this over the weekend, times run away with me today (half term) Email me the updated ie sheet too.

And thank you xxxxx

[ruby15]

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

Update: Today both me and hubby have received letters from the Land Registry - "A Notice of an application to register a restriction against the land"

I will sort out an I/E over the weekend. Thank you for your time in helping me with this, I really am sorry if I havent helped matters recently I will try harder I promise, its just difficult to juggle things some times as I have lots of other claims & problems going on, trying to look for work, and looking after ill/elderly parents too and to top it hubby going into hospital next week for an operation. But I do appreciate what everyone does for me. xxx

[ruby15]

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

Update - Hi I have sent I/E to Amethyst.

[ruby15]

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

Hi, I know some ofyou have been working on this but do you have any updates for me? Not sure what to do next, I have not sent off the N244s yet as I know there were to be some changes to the forms. I would like to get this sorted asap as hubby goes in hospital on Thu and will have little time then. Help!!

[Amethyst]

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

full attention this morning ruby, just taking little ones to school

back shortly

[ruby15]

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

Hi Ame, is there anything I should be getting on with?

[Amethyst]

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

Not really, you have the spready done and the IE sheet looks fine. The N244 iis just a matter of filling in and printing off once we have it sorted, I'm waiting for a couple peeps to come back to me whether we need to send the WS/Defence with the N244 and copies of letters/part 18s etc or if the N244 is stand alone.

Sorry hun with the half term and whatnot Ive had so much on, and I don't want to tell you wrong and waste another N244 fee.

[ruby15]

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

No problem Ame, is there a time limit on getting paperwork into court do you know? or am i just worrying needlessly?