Conker v Nationwide

[Amethyst]

Re: Conker v Nationwide

Hi Curlyben

I need to start a new thread for another battle this one with Natwest but cannot for the life of me find out how to start one can you or anyone please advise.

Thanks
Conker

Started one for you here - Legal Beagles

[Curlyben]

Re: Conker v Nationwide

As Ame says they are simply trying to scare you.
This case does NOT warrant Multi-track at all and their costs are laughable.

If they thought their case was strong they wouldn't of suggested mediation, now would they.

Now this is with your local court I would suggest sending a letter detailing their refusal to comply with your CPR request and the general shoddy way in which they have been dealing with this case.

[conker]

Re: Conker v Nationwide

Thank you both for your response very grateful,will write to my court and update the Natwest scenario later

Regards
Conker

[conker]

Re: Conker v Nationwide

Would this be the time to try and get the claim struck out Curlyben????
Also Eversheds have asked for my agreement to the 2 month stay etc do i agree or not???

[WendyB]

Re: Conker v Nationwide

Don't think this is the time to get the claim struck out yet, I think thats for the Judge to decide if and when it gets before a judge. Curly is the expert on this but I would do as he says and write to the Court about their refusal to comply with CPR request and the crap way they ave dealt with things so far. They are abviously not in a strong position otherwise they would go for the throat, not mediation! Probably send a copy of the letter to your letter to Eversheds as well? Which give them notice that they can't just bully you into stuff and get all their own way.
The proposed allocation is from Eversheds so obviously they want you to agree, but as far as I know you don't have to, cos you send in your own proposed directions (am I right here CB and Ame??) So unless there is anything saying you have until xxx date to agree, then don't do anything.

[conker]

Re: Conker v Nationwide

Thanks WendyB though sadly it looks all doom and gloom as I have just recieved a copy of a loan agreement with my signature,date,apr etc from Eversheds.Why they have took this long I don't know!!!

At the end of the day it does not change my ability to pay.Advice on the next step would be helpful.I am not bothered about a CCJ as I never want credit again.

Who/How do you negotiate with(court or Eversheds)as I earn very little and can probably afford only £10.00 a month which I presume they will not find acceptable.Will the court decide how much I have to pay?I own a very small percentage of the house I reside in when and how would they get a charging order on the property(since the property crash my % would not covr the debt anyway)naturally if possible I would like to avoid a charging order?
Is bankruptcy an option??

Thanks
Conker

[conker]

Re: Conker v Nationwide

Hi
Can someone respond to my last post please as I have to respond by the end of the week and am unsure which way to play things?Is there a thread somewhere of anyone who has gone through the court process?
Thanks
Conker

[Amethyst]

Re: Conker v Nationwide

hiya conker.

would you be able to scan in a copy of the agreement to have a look over ?

once we have had a look at that you can enter a defence/partial admission and offer to pay.

You will need to complete a full income and expenditure sheet for submission to the court.

We recommend using the Common financial statement (excel) or if you don't have excel you can use the legalbeagles own version which is available in open office. You can find these linked Legal Beagles

If the amount you can afford is £10 then you would enter that in your offer to pay, but lets have a look through the ie sheet first. We'll help with the defence and admission too.

yes, they might ask for, and get a charging order - if they did they couldnt ask for a sale order unless you missed any payments (of the installment amount ordered by the court) so it would just sit on the land registry until you sold the house or the debt was repaid.

We'd also want to ask freezing of interest and charges on the account.

We have seen courts order installments of £10 for £20k debts, you just have to show you are willing to review things say every 6 months and you are trying your best to sort out the financial issues you are facing.

if you start on the IE sheet - you may have noticed the site is having some work done on it today so we may go down for a short period, but we will keep and eye on your thread, so please don't worry.

Feel free to email me too admin@legalbeagles.info

ame
xx

[conker]

Re: Conker v Nationwide

Thanks Ame

Unable to scan the agreement but it does contain the following

Amount of credit
Total payable
APR
Term
Total charge for credit
Charges
Right to settle early
Missing Payments
Your rights
My signature & Date
Nationwide signature & date

Which I believe would make the agreement enforceable????

Eversheds have asked me to respond and clarify my defence to the claim within 14 days which expires this Friday so do i send the financial statement to the court with a change of plea??do i ask for more time??

Thanks
Conker
(Have emailed this to you as well in case the site goes down,could you also respond to my Natwest situation please)

[Amethyst]

Re: Conker v Nationwide

yep sounds like it

we need to do an n244, and ex160 (for fee remission so you dont have to pay for entering the n244) and the defence / admission / offer to pay. Will do a draft for you in a short while xx

Will have a look at natwest quickly first.

[conker]

Re: Conker v Nationwide

Hi Ame

I have written to the court and sent a copy to Eversheds requesting a further 14 days to take advice due to the late arrival of the CCA etc from Eversheds.Please advise me on the forms I need to do and a draft would be greatly appreciated.
Previously Eversheds requested a further two months from the court plus mediation I presume they will not want this now they have the documentation to enforce the agreement.As I can only afford £10.00 a month which I am sure they will find unacceptable should I just deal with the court from now on??

Regarding a possible charging order I only own a very small percentage of the house I reside in (should i be divorced)as it belongs mostly to my wife(who understandably will not be too happy should an order be placed against her house or at least the major part she owns)How does this affect any charging order??

Regards
Conker

[conker]

Re: Conker v Nationwide

can you please reply Ame
thanks

[WendyB]

Re: Conker v Nationwide

BUMP.

[Amethyst]

Re: Conker v Nationwide

Thanks for bumping Wends, and apologies conker for not seeing your post before I must have gotten sidetracked with natwest.

Okay so you have a compliant CCA and a mediation request from Nationwide, you entered a holding defence and now need to amend that to admit the claim and make an offer to pay based on an affordable amount.

It should be quite straightforward from here, you agree with the amounts so its simply offering to pay.

Did you do an income expenditure sheet ? If not you need to do one ( Legal Beagles ) to go with the forms

You will need an N244 application (from the Her Majesty's Courts Service - Home
site) - to ask court to allow you to amend defence due to the receipt of further information.

Then attach to that your defence (any charges?) and offer to pay (whats left) and state your circumstances and how much you can afford.

And if you think you will be eligible for fee remission you will also need the EX160 (also from Her Majesty's Courts Service - Home
)



A basic idea of defence/admission we can use as a starting point.(this is one I used in my own case ageeeeeeeeeees ago)

DEFENCE

1.Save as is specifically admitted in this Defence – the Defendant denies each and every allegation set out in the particulars of Claim.

• It is admitted that the Defendant has an Affinity Loan Account with the Claimant numbered 00000xxxxxx

• It is admitted that the Defendant has an outstanding balance on the account to the value of £xxxx.xx, as detailed in the particulars of claim.

• The Defendant contests the amount of £1009.93, the ‘Collection Charge’ as entered in the particulars of claim by the Claimant.

• The Collection charge is a disproportionate penalty and therefore unenforceable as it is contrary to common law.

• Further, as a disproportionate penalty, it is invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999 Para 8. and sch.2(1)(e).

• In the event the Collection Charge is not a disproportionate penalty then it is unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

• The Defendant has repeatedly asked the Claimant to give a breakdown of this charge in order to justify the amount but they have declined to do so.

• The Defendant has offered a reduced monthly payment, through the Consumer Credit Counselling Service, to the Claimant for repayment of this account. This offer was made to the Claimant on 22nd June 2006. This proposal included a full financial statement with regards the Defendant.

• The amount being paid to the Defendant each calendar month is £66.36.
  The first payment was made on 18th August 2006 and received by the Claimant on the 25th August 2006.

• The account was transferred to Restons Solicitors by the Claimant on the 10th August 2006.

• The Defendant contacted Restons Solicitors on the 14th August 2006 to discuss the repayment proposal. Restons Solicitors agreed to contact the Consumer Credit Counselling service to arrange the new payment instructions. The Consumer Credit Counselling Service have not received any communication from Restons Solicitors.

• The proposal for repayment was sent to Restons Solicitors by Consumer Credit Counselling Service on 14th August 2006.

• A breakdown of the Collection Charge applied by the Claimant was requested from Restons Solicitors. This request was refused and no breakdown has been received by the Defendant.

• A letter requesting information from the Claimant was sent to Restons Solicitors by Royal Mail Special Delivery on 30th August 2006. A copy of this letter will be presented to the court. A reply to this letter has not been received.

• No admissions are made as to the amounts claimed by the Claimants, and the Claimant is put to strict proof of the same.
• The Defendant asks for relief from interest and charges and for payments to be set by the court at £10.00 per calendar month. The Defendants financial statement is attached (APPENDIX A)

[conker]

Re: Conker v Nationwide

Many thanks Ame(u too WendyB)

Have completed documents and letters as you have advised except the EX160.Is this form to stop me having to pay any court costs??Or is it to counterclaim against any charges??After reading the notes with the form I believe I will be applying for Full Remission under Sect 4(based on gross annual income)as mine is very low is this correct?Also do i have to include partners income details etc or am i able to leave them out of this and just complete it as my own income/expenditure??My partner would not be to happy to provide any details!!Would i apply as an Emergency application till I can collect info required??
Any other tips on completing this form to ensure success??
Sorry loads of questions I know
Regards
Conker