Conker v Natwest

[conker]

Re: Conker v Natwest

The loan agreement contains all info as per the one posted up in my Nationwide case so I have no defence on that.
Do I make the offer of payment to the claimant or the court??
Thanks for your thoughts on the charges and yes it would be nice to have everything sorted.
Is it possible should things change to claim them back in the future or is it now or never??
Yes they are still adding charges what can i do about them??

How do i deal with the costs as I have told the court I am contesting them but not sure how or what amount especially with the delay in provision of the CCA

Kind Regards
Conker

[Amethyst]

Re: Conker v Natwest

Okay thanks conker.

Yes you need to agree an outcome with natwest, as this is in court i would be tempted to do this as a consent order. (that is list your proposals in a formal document which natwest agree and then lodge with the court with 'liberty to apply' should you miss payments or they continue imposing charges at which point they can ask for a ccj, or you can ask their claim be dismissed.

The charges issue, I would, for less stress and liklihood of natwest accepting the consent order proposal, ask they agree to drop all charges since defaulting the current account and offer to pay on the remaining sum on the overdraft and on the loan.

On your IE sheet what does it show that you can afford to offer on top of the £20 a month you are already paying under the court order ?


had a little draft as an idea asking natwest to draw up a consent order.

claim ref:
current account ref:
loan account ref;

Dear Natwest

Thank you for your letter confirming your position with regards the overdraft charges imposed on my current account, and supplying a copy of the original loan agreement for my account reference above.

Taking this into consideration I would like to propose the following,

1) Under the Judgment for £2464.96 I will continue making monthly payments of £20 per month on or before the 16th of each calendar month.

2) On the condition that Natwest halt any further charges and interest from being applied to the outstanding overdraft amount, and refund charges imposed since the account entered a default situation on DATE I will agree to repay £XXXX of the overdraft charges sum by installment of £5 per calendar month.

3) On the loan outstanding sum of £XXXXX I should like to offer a monthly installment of £10 per calendar month

4) Therefore I propose that Natwest draft a consent order to this end to lodge with the court that I make payments totalling £35 per month against your claim XXXXXX the sum of £XXXX plus your court costs of £XXXX, to be reviewed annually taking my circumstances into account, and the remaining claim be stayed generally with liberty to apply.

Alternatively I intend to contest the unauthorised overdraft charges applied to my account in full.

What do you (or anyone else) think ?

[conker]

Re: Conker v Natwest

sounds good but what would i do if they do not accept and how would i contest the charges further?

[conker]

Re: Conker v Natwest

Letter drafted just going to go for it and see what happens fingers crossed

[Amethyst]

Re: Conker v Natwest

If they don't accept we'll think again, has to be worth a shot tho

Let us know when they reply.

[WendyB]

Re: Conker v Natwest

It's got to be worth a try. If they don't accept, well cross that bridge if and when you get to it.

[conker]

Re: Conker v Natwest

Hi All

Just to update you i have recieved a letter from the claimant requesting a further month stay and also a letter confirming this from the court so they can discuss my offer.Fingers crossed!

Regards
Conker

[Amethyst]

Re: Conker v Natwest

Good news xxxx

[conker]

Re: Conker v Natwest

Hi Ame

Not so good news i have recieved a letter today rejecting my offer of £10.00 payment(not surprising really) the jist of it as follows

"we hope to be able to agree on judgement being entered against you for the remaining balance of the claim in the interests of saving costs.Our client would be entitled to fixed costs upon judgement being made entered pursuant to Part 14.4(6).

It is our clients intention to secure the banks position by way of a charging order once judgement for the full amount claimed is obtained.Our client is prepared to agree not to enforce the charging order if payments of £150 per month is maintained towards the full amount claimed provided you confirm acceptance by 11 feb

If you accept we will forward a draft consent order for your consideration."

No mention of refunding charges or any costs??Do I give up on them??

Please advise on my next move as they know i cannot afford £150.00 per month and even
more worrying is the charging order which i need to prevent from happening at all costs as this could lead to major problems even divorce!!!How can i stop it?????

Awaiting your sound advice again i hope its good news

Conker

[Amethyst]

Re: Conker v Natwest

Okay, well we knew they might not accept. Try not to worry will go back with a counter offer. AND btw theres no way the court will order £150 a month if you can not afford it.

Have I got a copy of your IE sheet ?

[conker]

Re: Conker v Natwest

not really in a position to increase the offer too much as very little left and am still in discussions with the CSA and other ongoing battles could maybe go to £20.00 per month

[Amethyst]

Re: Conker v Natwest

Yep I know conker they are bullying little shysters. Don't worry. We'll reply to them Monday - I just want to get some legal bittys sorted about charging orders so we can show them you aren't daft and won't be coerced into agreeing to sign your house over to them.

Are you still paying the already judgmented amount okay each month ?

[conker]

Re: Conker v Natwest

Thanks Ame you are a diamond yes I'm coping ok with the CCJ

[conker]

Re: Conker v Natwest

know you must be busy but any luck Ame as I have to respond by the 11/02/10

[Amethyst]

Re: Conker v Natwest

Hi Conks, havent forgotten you xxx Will pick kids up from school and then get this sorted

Ame
xx