Conker v Nationwide

[WendyB]

Re: Conker v Nationwide

yes the 160 is for fees remission. Not sure about partners details or not but the rest of your post is right. Just to be clear its court fees not court costs.

[conker]

Re: Conker v Nationwide

Sorry WendyB whats the difference between court fees & costs?Would i apply for emergency remission if I do not have the documentation required immediately to hand?

Ame could you please respond re partners details and counter claiming against any charges

Thanks
Conker

[WendyB]

Re: Conker v Nationwide

Fees are what you pay when filing your claim. Costs are what's awarded to you (or to the other party, depending on who wins) at the end of the claim, and could incude the court fees you've paid. At least that's the way i understand it.

[conker]

Re: Conker v Nationwide

Hi Ame/WendyB

Is it possible to answer the following please regarding the EX160
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??
What happens if the court does not accept my offer of payment??
I am still confused about contesting/reclaiming any charges/solicitor costs etc?
How do i get interest and charges on the account frozen?

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)Can they still get a charging order??
Regards
Conker

[Amethyst]

Re: Conker v Nationwide

Okay as you are financially seperate then no you shouldnt need to supply her information at all, you would however need to enter her contribution to the household bills (ie put full bill amount then her contribution as an income in Other)



Has the court sent you any directions following Eversheds application ? If not I might be tempted to call the court to see what the status of the claim is.

[Amethyst]

Re: Conker v Nationwide

Regarding the charging order - is the house jointly owned ? (regardless of what % of it you would be left with after finances are sorted)

[conker]

Re: Conker v Nationwide

I suppose it is as I am on the mortgage and I think also the house deeds?Where could I check re the house deeds?

[conker]

Re: Conker v Nationwide

Ame I have just spoken to the court who told me the case went before the judge on 05/10/09 and that they will be writing to me shortly with further directions.No final decision has been made on my case.I have not yet sent in the N244 & EX160 should I do so or wait to see what the court has to say?????

[Amethyst]

Re: Conker v Nationwide

Okay i assume he is looking at the directions and new particulars of claim submitted by the bank and will pass directions off the back of that (will probably be for you to submit revised defence which will save you the n244 application fee) Take their time writing don't they, over 2 weeks from the 'hearing' (which was probably boxwork).

Okay hang fire, don't panic if it comes through as a forthwith judgment or anything daft as we can sort it, and when you get it just post it up here i don't think there is much point submitting your defence amendment until you receive the new directions

[conker]

Re: Conker v Nationwide

Hi Ame

I am in reciept of a letter from the court stating that the judge instructs the Claimant to respond to my defence by 16 Nov 2009.As my defence was based on the lack of a CCA which has now finally been produced should I just wait for the Claimant to respond to the court telling them they now have the correct paperwork or would I submit my change of plea now???

How is it best to defend any charges and costs incurred as they did not respond to the CCA request within the correct timescale thus unecessary costs have been incurred.I understand this will only reduce the debt but unless this is sorted the amount on the claim will be incorrect??

Thanks again for your help

Conker

[MIKE770]

Re: Conker v Nationwide

Hi Ame

I am in reciept of a letter from the court stating that the judge instructs the Claimant to respond to my defence by 16 Nov 2009.As my defence was based on the lack of a CCA which has now finally been produced should I just wait for the Claimant to respond to the court telling them they now have the correct paperwork or would I submit my change of plea now???

How is it best to defend any charges and costs incurred as they did not respond to the CCA request within the correct timescale thus unecessary costs have been incurred.I understand this will only reduce the debt but unless this is sorted the amount on the claim will be incorrect??

Thanks again for your help

Conker

Sorry to but in, but try and download CCA for scrutiny as some are make up jobs//////????????

[Amethyst]

Re: Conker v Nationwide

Good stuff.

Yes pop up your CCA if you can but you are right it does sound compliant from the bits you have posted up.

I think that yes now the judge has ordered they comply and send you the order, and they have, its now time to do your N244 application to amend the defence. Think we started on an outline earlier didnt we ?

When it comes to costs yes you can ask for wasted costs as they could have supplied the documents much earlier and I'd expect the court would be happy with your request.

Ame
xx

[conker]

Re: Conker v Nationwide

Thanks Ame/MIKE70

Will find a way to post CCA tomorrow just in case it is not enforceable.Not sure how to do this would I be scanning it somewhere and then email it to myself?How do i put it in this site?

Regards
Conker

[MIKE770]

Re: Conker v Nationwide

Thanks Ame/MIKE70

Will find a way to post CCA tomorrow just in case it is not enforceable.Not sure how to do this would I be scanning it somewhere and then email it to myself?How do i put it in this site?

Regards
Conker

send it to: - admin@legalbeagles.com I think I got the e.mail address correct. with your thread name.
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Also you could after sending to yourself forward it to your Documents file, whereby you could forward it from your thread via the manage attachments below your message posting.:beagle:

[conker]

Re: Conker v Nationwide

Many thanks for the advice will get around to the CCA tomorrow got taken over today with my CSA battle