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

[WendyB]

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

BRILLIANT!!!!!

[Curlyben]

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

Well you have the admission from Nasty about the charges, so the CCJ's have been granted in error.
You'll need to go through the whole set aside process with them.

Worth having a chat with the court manager and asking their advice/assistance.

[Amethyst]

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

fabulous.




now then - you have two interim charge orders which need removing - they can pay the fees and two ccjs against you - which also want removing. (curly just said that)

[ruby15]

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

Would you mind helping me with those then please?

[Curlyben]

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

This will help for starters: National Debtline England Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court

Might be worth waiting a few days to see what the Sols have to say for themselves and let the dust settle a little.
You will need to call the court and make sure that the hearing is vacated as it's no longer needed.
This should be done by the sols, but...

[Luminol]

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

Im really happy for you Ruby Good news! x

[Amethyst]

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

ruby - have you a copy of your hardship letter used please ?

[ruby15]

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

What did I say about counting my chickens!!

I have called Irwin Mitchell again today to see if they had heard from Natwest, they hadnt, I pointed out to them that hubbys court hearing is less than a week away and could they call NW, to which they said no, they emailed NW yesterday and now await their reply.

I then called NW and told them about Irwin Mitchell and asked if they could get in touch with them, NW said they would call me back. 20 mins later they did, saying that due to the fact that the solicitors had been working on this case for 12months they could not call a halt to it now! so the court case is still on next Wednesday, they said that although we have been accepted under hardship they would still be pursuing us AND that Shoosmiths were incorrect with what they told me yesterday and that I would still be pursued for the same reason!! I asked about the hardship claim, they said that an offer letter had been sent out on the 22/6/09 she said that the offer was for £3,700!! I pointed out that if the 2 court hearings went ahead then we would have over £12,000 of charging orders on our property when in fact we owe £6,500 - £3,700(if accepted) =£2,700!! to be told sorry but that was they are doing!

Just had a phone call from Shoosmiths saying that NW have been in touch to tell them that our hardship claim has been REJECTED and to reopen the case and continue to pusue me!! Another phone call to NW who say that we have been accepted under hardship and they would get the Litigation team to call Shoosmiths and point this out to them as they have to treat us differently now??

What a XXXXXX farce!!!

Can anyone please help me????

Sorry Ame only just seen your last post, yes i do have a copy still.

[Amethyst]

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

they are talking out their arses

They have acknowledged the account is in dispute and offered to pay you some back - they acknowledge your claim is for more than the claim against you.

They cannot continue with the case it has to be stayed, you need to get your claim in to the court now and you need to accept the £3700 offer as interim and use it to pay natwests CCJ and tell the court you have done so.

Don't panic and dont do anything yet.will talk to Tools and Curly.

I think the only think for it is to get the formal court claim in to the court.

W ankers.

[Tools]

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

Ruby, did you send that letter to the Courts/Judge we wrote for you?

[ruby15]

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

Yes I did, sent it on the 8/6/09 , called the court and they said nothing showing up on system yet, checked on Royal Mail web site and its says it was delivered and I have printed off the electronic proof of delivery.

[Curlyben]

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

Bit late in the day to really do much, BUT attend the hearing and show the Judge the letter from nasty.

As they clearly state in it all action is to be stayed pending the OFT case, so this should also be stayed.

As for their comments on Irwin, who gives a carp how long they have been working ion the case, that's not your fault that Nasty can't find their neither regions with BOTH hands !!!!!

Either way this action needs to be stayed.

[ruby15]

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

Do I need a witness statement for the hearing? if so could anyone help me out please?

[Amethyst]

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

Yes witness statement similar to what you used before but with a bit more - ie about the charges - and backing up the letter you wrote - be good if the letter from nasty west with the offer appears before then too - re the WS really need to get it out tmw so do you want to have a bash and when the kids go to bed I can have a look unless someone else gets chance before.

[ruby15]

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

Ok I will have a go, thank you, I know how busy you have been xx