Conker v Natwest

[Amethyst]

Boo !

To start a new thread visit the forum area you would like to start it in then click this button

Ame
xx

[conker]

Re: Conker v Natwest

Hi Ame/Curlyben

Tried to start a new topic but the site wouldn't let me so I guess I continue on this one

I have Natwest taking me to court over an overdraft and a loan,again to remind I ended up in this position through redundancy and have followed all advice from CAB & CCCS to no avail.The solicitors are Shakespeare Putsman LLP.

The POC appears to be a photocopy and not the original court papers is this allowed?
It also puts the two accounts on the same claim which I believe is illegal?
It states

1) The Claimant claims against the defendant repayment of the Defendants account numbers xxxx & xxxx together with charges.
2) The accounts are regulated under the Consumer Credit Act 1974
3) The Claimant has complied with Parts 111 & IV of the Pre Action Conduct Practice Direction
4) The claimant has served on the defendant Notice under the Consumer Credit Act 1974
5) The Claimant now claims repayment of the amount owing

Particulars

Acc xxxx £4925.10
Acc xxxx £3900.41

Total £8825.51

Lots of questions on this one

1) There is no issue date on the Claim Form?
2) I understand that I cannot contest overdrafts in the same way as other credit is this correct?If so what is the best way forward?
3) What do I do about both accounts being on the same claim form?
4) Do I defend all of the claim or just part of the claim on the acknowledgment of service?
(Again all forms seem to be a photocopy not the original)
5) Although I have recieved letters stating the debt I have not recieved an official default notice is this important?

That will do for now thanks in advance for your advice

Regards
Conker

[Amethyst]

Re: Conker v Natwest

Which court is it from ? If Northampton you can easily check online whether it has been genuinely issued by logging in to Welcome - HMCS Money Claim Online and using the password and claim number.(dont do acknowledgement yet tho) If another court give them a ring tomorrow and ask if that claim number is genuine and issued to you etc.

Don't contact Shakespeare.

They may have sent an advance copy to scare you, or they may have entered it to the court and sent a copy to you for your information. Likely if theres no issue date nor stamp. I would sit on it till the proper one arrives.

Are both accounts with Natwest ?

If they are acting for Natwest and both are Natwest accounts then I believe they would be same cause of action.


2) I understand that I cannot contest overdrafts in the same way as other credit is this correct?If so what is the best way forward?

Have you looked at charges on the accounts, both from Natwest over time, and collection charges etc from Shakespeare. You'd basically defend charges, admit the rest and offer to pay at the amount you could afford.

You can still get more information from them, tranasctions lists etc to show their case. You could do this under part 18 of CPR.

[conker]

Re: Conker v Natwest

The court is at Birmingham.I have spoken to them and it is genuine.As one is an overdraft and one a personal loan(both are with Natwest) would i try and defend the loan bit as well as the charges????
How would i know what the charges were or is this knowledge not vital at this stage?
Do I offer the amount I can pay to the courts?
What is form N245?I have heard of it and think it would help to explain my financial predicament to the court?

Thanks
Conker

[conker]

Re: Conker v Natwest

Hi
Can someone respond to my last post please?is there a thread anywhere of someone who has gone through the court process?
Thanks Conker

[Amethyst]

Re: Conker v Natwest

n245 is Application for suspension of a warrant and / or variation of an instalment order.So no you don't want that form. We can use the same income/Expenditure sheet you use for the nationwide claim.

have you received the claim form from the court yet ? should have a password on the front so you can enter acknowledgement online at Welcome - HMCS Money Claim Online (put intend to
defend in full regardless for the moment)

yes this will be same process as the nationwide claim. If you are happy the OD and Loan are valid then its a matter of admission and offer to pay, and defence of any overdraft charges you may have.

Do you know if there are charges on the current account debt ? If not we need to find out and defend/counterclaim on those.

this forum - Is your creditor suing you ?? - Legal Beagles has a number of people who are being sued by banks and various organisations for debt so you should get some idea of how things work.

mostly its quite straightforward and the courts are good at allowing payments of an affordable amount with regular reviews.

[conker]

Re: Conker v Natwest

Hi Ame

As I had to return the court papers quickly to be within the allowed timescales I have entered on the court forms that I accept the overdraft part but am defending the loan part till I recieve a copy of the CCA.I have completed the income & expenditure on the form the court gave me and offered to pay £10.00 a month towards the O/D debt.I also enclosed a letter to the court advising them of my financial situation in general.I also made a CPR 31.14 request to Natwest whom I am waiting to here from.
Do I have to make a seperate request for each account to discover what charges have been made??
Is the account under dispute due to the charges?
You say I should have defended all of the claim/Can I change my plea?
Anything more I should be doing??

Regards
Conker

[Amethyst]

Re: Conker v Natwest

Can you put up a copy of your defence please.

Yes you can apply to amend your defence, we will need to work out the figures first - you have done right admitting the OD and defending the loan till you get the cca, the only other bit would be to defend the charges on the overdraft/counterclaim for them.

[conker]

Re: Conker v Natwest

Ame the defence was submitted on the court form and I informed them in the accompanying letter that I would be defending any charges.Do I submit a counterclaim?If so how and what does it cost?You say we will have to work out the figures first sorry but what do you mean?As I said I provided the court with income/expenditure on the court form

[Amethyst]

Re: Conker v Natwest

I think a defence on the charges is enough, and I think you have dealt with it right The next step will be the Allocation Questionnaire or directions from the court regarding the loan part of the claim and lack of information.

Litigants in person are giving a bit more leeway so it should be fine and theres plenty of time to amend anything if it needs doing once the judge has responded.

[conker]

Re: Conker v Natwest

Hi Ame/All

This case is moving on so need some further help please

I have recieved a notice of transfer to a local court and have completed and returned an allocation questionarre where I have disputed the loan amount £(as still no CCA) and also the charges of £1435.45 and possibly more on the current account(this is the figure produced by Shakespeare Putsman)I have no way of knowing if this is the correct amount as i have recieved no details of the charges as requested so I have sort of left this figure open.
Have also added to the info box to assist judge to manage the claim the fact I have requested CCA from Natwest and Shakespeare Putsman and have not recieved it.Also that I will dispute any charges/fees due to their failure to produce within the expected timescale as they are legally bound to.I am still having £60+ added each month to the account.
QUESTION Can i dispute /counter claim against charges against the overdraft account which has naturally exceeded any limit some time ago??

I have also recieved a copy of Shakespeare Allocation Questionarre who state the following points
1) do not wish to settle at this stage
2) amount in dispute
3) requested fast track
QUESTION Is this the correct one or does it not matter??
4) estimate hearing take 1 day
5) estimated costs to date £862.50
6) estimated total costs£5,000
QUESTION Can this be real 5K ??

They have also added in the info to assist Judge
"we would be grateful to the court to consider judging for the part admission(ie the overdraft) amount of £3900.41(amount on the POC)plus costs pursuant to CPR14(1)(4).We request the claim be stayed in relation to charges to current account total £1435.45 pending the outcome of the OFT case"
QUESTION What does this mean exactly,do they want the whole claim on this account put on hold or just the charges??
"we would be grateful for time and standard directions to pursue the balance of the claim"
QUESTION What do they mean??
I have also recieved Notice of Part Admisson where the claimant does not accept my part admission and a further £400 of court fees/solicitor costs have been added!!

I have also recieved a letter from Shakespeare Putsman acknowledging my CPR 31.14 request.They state the docs will form part of a standard disclosure as the matter progresses so my request is premature and that these docs if available will be provided.
QUESTION Surely they must provide these docs as they are vital to my defence if they do not possess them or will they just tun up at court with them where I may find it difficult to see or prove they are genuine??
They have also asked for the gist of my defence and why it is dependant on the provision of docs evidencing my borrowing
QUESTION Should I provide them with any reason??

And finally have also recieved from the court a Notice of Allocation Hearing on 23 November which is pretty close what is this for exactly and what will be expected of me when I attend?What docs will I need?

Apologies for the long post but have never been here before so have tried to give all details,
All help greatly appreciated

Regards
Conker

[conker]

Re: Conker v Natwest

Hi

Can someone please respond as I only have a week before I go to court

Thanks
Conker

[conker]

Re: Conker v Natwest

Hello Ame

Can you or someone please respond to this post

Thanks
Conker

[MIKE770]

Re: Conker v Natwest

bump

[Amethyst]

Re: Conker v Natwest

Hi Conker

Sorry I hadnt seen this before. I was on holiday till the 14th so must have missed you posting up the aq stuff.I have to pick up child number 3 from choir in a bit but then will sit and go through this.



You sound like you did fine with the AQ, and shakespeares one is meant to worry you into paying up.....they have no hope of getting 5k costs whatsoever, even the £860 is pushing it, and no it wouldnt go in fast track.

Will be back in a while.