Court Claim Help Please - Natwest / Irwin Mitchell

[Budgie]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Comments in red ( to match background of my avatar !!!! LOL

Brilliant - thanks Budgie !

Glad this is good news & thanks to you (and the team) for making the defence so good / effective !

What's likely to happen now, do you think ? See below

What exactly does the 'stay' mean - is this just like a hold that I.M. can then re-instigate at a later date ? Yes, if the claim gets stayed then IM would have to submit an application to get the stay lifted at some point in the future.

I was hoping it would get thrown out and the court would have the attitude that they (I.M.) initiated the claim but as they can't justify it then ......... end of story ? That could still happen but it would leave the matter unresolved and hanging over your heads with the possibility that it could resurface at any time.

Northampton has suggested that IM try to resolve this dispute directly with you. So I suggest we now just wait and see what happens over the next week or so.

Submitting a witness statement regarding IM's failure to respond to CPR31.14 request, at this stage, might complicate matters.

The ball is now firmly in IM's Court, lets see if they contact you or actually do anything at all.

If they contact you to try and resolve the matter you could in theory suggest that they reduce the total debt by an amount equivalent to the total of the charges on the account plus compensatory interest. Agree a new total debt figure and make an arrangement to pay this off over a long period of time at a rate you can afford. As part of the negotiated settlement you would of course insist that they would have to discontinue the court claim.

How does that sound?

We could quickly prepare some figures to determine the amount which you would be looking to have knocked off the total outstanding debt. You could work out a figure you could afford to pay off each month on the remaining balance. That way you will be fully prepared if IM contact you to negotiate.

Of course there are a variety of other things that could happen, but at the moment I would suggest that you just sit tight and wait patiently.

Look forward to your thoughts ?

Kindest regards,

R
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PS The letter said 28 days from when the claimant receives my defence - what do you think the timescale is now, from this comment ? Is this 28 days OR 28 working days (obviously lots of bank hols etc.. also, at bend of this month !)Work on 4 weeks from today, so beginning of the New Year. ?

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Hi Budgie,

Thanks for all your comments, as above.

I'm obviously pleased that we seem to be a 'nose in-front', at the moment, but I'm really not sure what to do now ?

As you say I guess we need to sit tight, for a while, and see what happens next, I guess - as you say the ball is now in their court.

I'm a little confused how they can instigate a claim and then not 'back it up' / respond, as they should, have but then this can then hang over us and re-surface at any time ? Surely their must be some 'timescale' for some closure ?

Surely the fact they've instigated proceedings - this is the 'ultimate threat' - if they don't keep pursuing they don't have anywhere else much to go - do they ?

Assuming now they haven't produced any type of agreement perhaps they have nothing, on file, to produce - can't we therefore contest the whole thing ? Just a thought ?

Sorry to ask so many questions but I'm trying to understand the process, Budgie.

Kindest regards,

R

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

PS Was expecting this to just go straight to my local Court, Budgie - why didn't this just happen (not that I mind, you understand !) !

[Budgie]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

See below

Hi Budgie,

Thanks for all your comments, as above.

I'm obviously pleased that we seem to be a 'nose in-front', at the moment, but I'm really not sure what to do now ?

As you say I guess we need to sit tight, for a while, and see what happens next, I guess - as you say the ball is now in their court.

I'm a little confused how they can instigate a claim and then not 'back it up' / respond, as they should, have but then this can then hang over us and re-surface at any time ? Surely their must be some 'timescale' for some closure ?
It's possible that the Court may get fed up with IM and throw the claim out, but that will still leave you with the debt and Nat West will just appoint a new Solicitor and start a new claim against you ( instead of your wife ) maybe via the Shoesmiths route. There are plenty of options we have up our sleeves at the moment RB but sometimes its best just to sit, watch and wait.


Surely the fact they've instigated proceedings - this is the 'ultimate threat' - if they don't keep pursuing they don't have anywhere else much to go - do they ?
See above

Assuming now they haven't produced any type of agreement perhaps they have nothing, on file, to produce - can't we therefore contest the whole thing ? Just a thought ? There never was and never will be a possibility of getting the whole debt wiped out. This is a joint bank account, Nat West will have your agreement, it's just that IM do not have a copy of the agreement or the default etc. IM are just proving how bloody useless they really are.

Sorry to ask so many questions but I'm trying to understand the process, Budgie.

Not a problem, there isn't really any definite plan or schedule that we are working to RB. To be honest, if we can get the court claim halted with a stay or get the Court claim halted and a settlelemnt agreed with your charges and compensatory interest deducted from the outstanding debt and a payment agreement in place for the remaining balance then we will have basically done very very well, especially considering the fact that the banks charges situation is currently up in the air.

Hopefully that helps clarify things a bit for you !!!


Kindest regards,

R

[Budgie]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

PS Was expecting this to just go straight to my local Court, Budgie - why didn't this just happen (not that I mind, you understand !) !

Thats actually what I was expecting as well RB.
I can only assume that the contents of the extremely well crafted defence ( PMSL ) so impressed the Judges at Northampton bulk centre that they decided to issue the orders that they have to IM.

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Thanks Budgie.

Sorry, again, to ask so many questions and put upon your valuab ale time but I suspect many, many others are finding this post very helpfyl - particularly the FANTASTIC defence !

Thanks,

R

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Good morning Budgie / Ame,

Just popped in to say nothing further has yet been received.

I'll keep you updated / posted and until this time will simply 'sit tight'.

Kind regards,

R

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Good afternoon,

And again................. nothing today !

Regards,

R

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Morning Budgie / Ame,

Do we still sit tight and see what happens or does the witness statement need our consideration yet, Budgie ?

Also just wondering whether its worth preparing the 'revised charges claim' which you mentioned you'd run through your own 'spreadsheet' (as it seems my 2 x claims were in fact far less that you thought they should have been) ?

Its been a week now since Northants Bulk Centre wrote to myself and Natwest / Irwin Mitchel and nothing received, at all, yet ?

Kindest regards,

R

[Budgie]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

HI RB,

Please sit tight today.

I was planning to review things tomorrow ( Saturday ) with you and decide on a course of action.

All the time you hear nothing from IM the clock is ticking away regarding their possible opportunity to settle this matter.

You are up to date with everything you need to have done.

Over the weekend we can work on your witness statement ( just in case it is needed ) and a recalculation of your charges claim ( just in case it is needed ).

Following, events this week with the OFT and developments behind the scenes we now potentially have a lot of additional material for inclusion in your witness statement.

Regards Budgie

Morning Budgie / Ame,

Do we still sit tight and see what happens or does the witness statement need our consideration yet, Budgie ?

Also just wondering whether its worth preparing the 'revised charges claim' which you mentioned you'd run through your own 'spreadsheet' (as it seems my 2 x claims were in fact far less that you thought they should have been) ?

Its been a week now since Northants Bulk Centre wrote to myself and Natwest / Irwin Mitchel and nothing received, at all, yet ?

Kindest regards,

R

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Thanks Budgie,

Whilst writing did Ame let you know about my telephone conversation with "TB" ?

Kind regards,

R

[Amethyst]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

I did

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Thanks Ame.

For the record still nothing, in the post, today (from Natwest / Irwin Mitchell)

I'm still undecided about what we should do next - do we sit tight (as the old saying goes let sleeping dogs lie) or actually send the witness statement ?

I'll wait to see what my dear friend Budgie thinks ?

All the best,

R

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

I'm stilll wondering if we'll actually hear anything, from Irwin Mitchell, at all, Budgie ?

R

[Budgie]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

OK, have had a think about things RB.

I think we should do nothing until Friday of next week. The ball is very firmly in IM's court. They must respond to Court by roughly the end of first week in January at the latest. They must contact you to see if settlement can be reached and / or contact the Court to let the Court know if they intend to proceed. If they do nothing in terms of contacting you or the Court then the claim will be stayed anyway.

IMO, if you hear nothing from IM by Friday we should think about writing them a letter stating your position, IE You might be prepared to settle with them on the basis that a debt figure is agreed ( balance less charges and interest - compound interest on your charges of course - LOL ) and a mutually agreeable repayment plan is set up. We can suggest some figures. At least by doing this you will be seen by the Court as trying to reach a settlement especially important if IM do not try to do so.

If you hear from IM before Friday then we will decide what to do based on the content of that letter or tel / call, if they do call you simply say that you require written communication rather than by phone.

To be honest I dont think you will hear from them at all, even if we do a settlelment letter to them, in which case we will just let things progress through to the beginning of January and then write to the Court, either requesting a stay or that claim is dismissed.

Sorry to be so vague, but the ball is really in their Court and there is no real need for you to do anything. I appreciate you want to get it all sorted but sometimes doing nothing is the best action to take.

Please just keep me in touch daily to let me know if you recive anything from the Court or IM, rest assured we are keeping our eyes on things.

Budgie