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

[ruby15]

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

Right I am back, just going to have a good read through the WS, Think WendyB is right though about number 7??

Ame/Tools with regards to point 3, it refers to a "second charge" does this mean the first being our mortgage company or are you refering to my claim with NW?

Also I take it the numbers need reordering?

[Tools]

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

No. 7 refers to the total of ALL charges plus 8% interest which from memory would clear your debt to NW, correct me if I am wrong please. If not then yes, as Wendy says alter the wording to "partially".

The list of included letters may not be complete,add on any that may have been missed, double check everything in the letter and amend as you see fit.

Paragraph numbers also need amending.

[ruby15]

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

Hi Tools, You are correct on Number 7 it would clear my debt with NW.

Picked up on the numbers.

Should I take this to the court before hearing or just take it with us on Wednesday?
And Thank you for all your help with this!!

[Tools]

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

Take it in as soon as you have it together, gives the Judge more time to read (if they do this time)

[Budgie]

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

I have spoken to Ame about the WS today and made a couple of suggestions. I think she is doing some tidying on it at the mo.

Budgie

[ruby15]

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

Done the letter (apart form the amendments Ame is making), just need to copy all the letters received so far then ready to take to court. I will be glad when this is all over!!

[Amethyst]

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

i think its okay as it stands now, if we do come to going to court on the remainder of the claim we can think about things like compound interest but for now the most important issue for you is to stop these charge orders.

[ruby15]

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

Letter all done and I will hand deliver tomorrow.

I would just like to say a big thank you to everyone for all the help you have given me, especially Amethyst and Tools!!

I will let you know how we go on on Wednesday, but hearing isn’t till late afternoon.
Wish us luck!!

[ruby15]

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

Well where do I start....

Arrived for the hearing 10 mins before due to start, to be told that Irwin Mitchell Solicitor was running 20 mins late....! There was no air con and it was sooo hot. Anyway the judge called us in on time, but then realised that the solicitor was running late and told us we would have to wait for 25 mins, he flapped all my paper work in the air and said he had no time to look at all of that and if necessary he would adjorn it if we had some issues!
He called us back in after the 25 mins were up and he obviously had not read any of the paper work, he tried to sum up what it was all about (which he got wrong) so hubby asked if I could explain as I have been dealing with it and the judge said "well if you are quick you have 5 mins" I very hurridly tried to explain the situation and he wasnt very interested and just scoffed and said "well you wont have 2 charging orders on your property" and I pointed out to him that that was exactly what NW were attempting to do. He has adjorned this case until next week when its my hearing and said he would make a note for the Irwin Mitchell solicitor to read my paperwork but not take it away. He finished off by saying that "it was unfortunate that the solicitor had not made it in time but these things happen" - would he have said that if me and hubby had been late (I think not!) Thats it until next week.

[Amethyst]

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

((((((((((((((((((((hug))))))))))))))))))))))

Some of these judges need a serious down to earth reality kick up the bum.

[Amethyst]

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

anyway that by the by - does this mean he is hearing irwin and shoosmith together now?

[ruby15]

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

Well thats how I took it.... to start with he said the case would be adjorned to be heard at the next opportunity, we told him we I was back in court next Wednesday and he said he would adjorn it to then...

[Amethyst]

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

hmmm ok. anything from shoosmiths ?

[ruby15]

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

Nothing from Shoosmiths at all, surely after phoning me to tell me that NW had told them to continue to pursue me they would put it in writing to me also??

Also about todays hearing being adjorned to next Wednesday, the judge did want to know exactly what time my hearing was, he then went on to say adjorned till then, so it must all be being heard at the same time. I will call the court tomorrow to check.

[Curlyben]

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

Looks like it finally going in the right direction.
At last a judge that can see some sense in all this madness.,