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

[Curlyben]

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

Well interest should be at the nominal 8% pa stat and NOT Nasty's inflated compound cloud cuckoo amount..

[Amethyst]

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

I think he was just dismissing the claim for a charging order, not the entire claim as its under ccj and would need the ccj setting aside.

[Amethyst]

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

Letter to Natwest - just a thought whilst irons hot and might save further court hassle in applying for set asides and redeterminations etc. Just try get natwest to pay the rest under FH, freeze interest and accept the £50 direct for the remainder £300 or whatever with the costs.(grrrrrrrr). Long shot but dont ask dont get. If its a no then gives you some space before worrying about next move, which you cant really do anything with till you get formal order from the court. What do you think?


Also if Shoosmiths asked for £2600 but all their paperwork says the £6500 double check the land registry documents when they come through that the charge is only on for one amount of £2600 (and the costs).

Further to the hearing of your claim references XXXXX and XXXXXX held yesterday 19th August 2009, District Judge XXXXX has allowed you, through your solicitors, Shoosmiths, to apply for a charging order over my property at xxxxxxx x xxxxxxxxx xxxxxxxxxxxx xxxxxxxx xxxx for a total amount of £3k.

We would remind you that despite your refund of £3770 referencing the FSA waiver guidance on financial difficulties, there is still an unresolved complaint/dispute over unfair charges of £3k and we feel that it would be in all our interests, especially considering our current financial difficulties, if you were to refund the outstanding sum to the account forthwith, accepting monthly payments of £50 against the remaining debt until cleared, and at that time closing the matter completely removing the charge from our property and marking the original CCJ as satisfied.

This sum is being paid by installments, currently by way of £25 per month to Shoosmiths and £25 per month to Irwin Mitchell. We should prefer to pay the amount of £50 per month direct to Natwest until such time as the dispute on the account is cleared.

We also ask that you agree to freeze further interest on the account.

We look forward to receiving your considered response within the next 7 days.

Yours

[ruby15]

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

Amethyst you are brill, I dont know whats up with me I know its not the end of the world but this has really got me down, I keep telling myselft that its not that bad but I just feel this judge didnt do me any favours at all. The letter is brill and just what I need to start the fight again, thank you I will get this done today.

Thank you all for your help and support you really are a great bunch of people!!!

[Amethyst]

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

i know honey, look all the CO is is something written on your land reg docs, the bank cant do anything with it unless you stop paying.

I dont think you need anything more formal right now, just send something like this and its gauging their opinion then see if anything else needs doing or if you are happy paying £50 a month till you get the lot back in a few months.years time when the test case is sorted.

[WendyB]

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

With regard to the letter - if they refunded you the remaining 3k, wouldn't that clear off the entire balance anyway? And if so, why would you have to keep paying the £50??

Sorry if I'm missing smething otr being thick - i've got a migraine on the way lol.

[Amethyst]

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

Theres only about £300 after the charges refunded and its a carrot isnt it.

[WendyB]

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

well that would be good wouldn't it. Just need to get the interest frozen. If you don't ask you don't get.

Ruby, the CO is not the end of the world, ok, you feel its hanging over you, but as long as you keep paying they won't enforce it. I was once in a similar situation, albeit with a suspended repossession order, but we went to court with a repayment proposal, got it agreed, just kept paying what the Judge said we had to pay, and once it was paid, the Order went away. Seemples!!

[Tools]

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

Hi Ruby,

Although you may feel down about the result, if you break it down compared to what it was originally then you have come a long long way. You have also taken on Natwest instead of just sitting back and taking it. You have also stood in court and argued your case to a Judge and basically ****ed all over shoosmiths and Irwin Mitchels. You should be very proud of yourself handling all this while also having to deal with unemployment, bills and all the crap that goes with it.

As a few have said, its taken two CO's at 12k down to one CO <3k, The CCJs remain BUT there is the chance of having one of those set aside when you are ready .

IMO you have done brilliantly and come a very long way, you should be proud of yourself and so should your OH.

[ruby15]

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

Hi everyone, hope you are all ok?

Just an update, surprise surprise no word yet from NW regarding the letter that Amethyst did for me despite two reminders. They really are gits!!

[ruby15]

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

Hi again

Hope you are all well?

I still havent heard from Nastywest following sending them the letter Amethyst did for me! any suggestions?

[Amethyst]

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

Nothing from Land Registry yet either ?

[ruby15]

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

Hi Amethyst,
Received nothing from Land Registry but yesterday received a letter from NW, saying they will not be paying anymore money out and are now awaiting outcome from the Test Case, they go on to say that interest has been frozen on both accounts and to continue sending payments to Irwin Mitchell and Shoosmiths as per court order. Do you think I need to do anything else now?

[Amethyst]

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

I don't think so, it all sounds smashing to me, good that they havent gone for land registry yet. Probably know full well they'd have to withdraw it pretty soon anyways.

[ruby15]

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

I don't think so, it all sounds smashing to me, good that they havent gone for land registry yet. Probably know full well they'd have to withdraw it pretty soon anyways.

Hi Amethyst

What exactly do you mean regarding not having gone for the land registry yet??

You know me thick as ever