Court Claim Help Please - Natwest / Irwin Mitchell

[TUTTSI]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

I had PM'd Budgie earlier to ask him to take a look at this thread.

Okay, if you have included all the interest charged on the account and monthly account fees they have to come off.

Leaves ...

Charges £ 789.00 (theres quite a few refunds on it too which have come off the total)

Stat interest £386.17

Which yes is bad news, and I'll try get hold of budgie see what his thinking was.

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Thank you Ame & Tuttsi.

I think the figures you have re-evaluated 'roughly' tally with my ORIGINAL claims to N/W (as per Money Saving Expert compiled documents) ?

Budgie was kindly following a different thought process to my own and I think the best thing I can do now is await his valued input - Looking back on this thread I know he has been reveiwing the latest spreadsheet since the end of Dec (09) so, fingers crossed, his 'investigations' may come up with some different news ?

Unfortunately I now only have 9 days to reach Shoosmiths or they will begin proceedings.

Thanks again guys for all your input and help.

R

[Tools]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Hi RB,

As time is short and Budgie does not appear to have responded, I would accept the latest posts as the most appropriate advice, you do not have the time to wait for his 'valued input' . However, it is ultimately your decision.

It seems as if your original spreadsheet was correct and whatever the reasons for the addition of the account fees and interest were, IMO too, they should not be included on there.

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Tools / Tuttsi / Ame,

Thanks for your posts.

I need to act fast now as I only have 7 days to respond to Shoosmiths.

I'm not really sure where to start - would a letter to Shoosmiths advising that two companies can't chase the same debt AND I already have a case pending with Irwin Mitchell (Stayed) be worthwhile OR are they likely to start a second 'parallel' action unless I make some sort of offer ?

I've checked Roby's thread BUT she'd already let them get charging orders, it seems - I haven't gone that far yet, fortunataly.

In my dear helper, Budgies, absence can anyone suggest a template letter / plan of action ?

BIG thanks,

R

PS Shoosmith have referred to BOTH an overdraft (approx. 4.0k) AND a personal loan (approx 2.5k) amounting to approx 6.5k HOWEVER have only enclosed a copy af a CCA for the 2.5k loan. No mpapers relating to the o/d at all ! Is this another angle we can approach from ?

PLEASE, PLEASE, PLEASE, CAN SOMEONE HELP !

[Kafka]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

An overdraft is not a regulated agreement like a loan, mortgage or credit card, so there is no credit agreement in the same way. This is why the Test Case looked at bank charges and ODs, because they are different from regulated agreements and the normal rules about unfair penalties don't apply.

[WendyB]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Best thing to do is first to get the defence etc in for IM, as they are the ones who have already started court proceedings I think? Shoesmiths, send a letter pointing out to them (and Natwest) that this is already the subject of legal proceedings by IM. This will buy you some time with Shoesmiths. I know Ruby's case already had charging orders but the principle is the same - 2 companies chasing the same debt etc. You should be able to borrowsome of the letters from Ruby's thread and adapt them suitably for your situation. If Shoesmiths take you to court you can proably go along the same lines as Ruby did.

[Amethyst]

Hi RB

Right.

The situation for others is thus;

Irwin Mitchell claimed against for both overdraft and loan (both held in joint names and legally jointly severablly liable) - the claim has been stayed indefinately following IM not putting a response to the defence in to court.

Shoosmiths are having their attempt now.

We need to send something like this to Shoosmiths and cc to Natwest

Date


Dear Shoosmiths

Re: Current Account XXXXXXXXXXXXX and Loan Account XXXXXXXXXXXXXX

I am writing regarding legal action that has been threatened by yourselves on behalf of Natwest Bank for collection of the above alledged debts.

Both the overdraft and loan are held in joint names, and we are jointly liable for the alledged resultant debts. The issue has already been bought before the County Court by solicitors Irwin Mitchell acting on behalf of Natwest and is currently stayed pending their response to the court and we are in communication with them regarding repayment.

We believe that Natwest have mistakenly and unfairly passed debt collection activity for the joint debt on to two different solicitors, Irwin Mitchell and yourselves. We are aware that by doing so Natwest are in breach of the OFT debt collection guidance(OFT664). ''2.6 Examples of unfair practices are as follows: c. using more than one debt collection business at the same time resulting in repetitive and/or frequent contact by different parties'' ''k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.''

Please confirm you are refering this back to your clients, Natwest Bank, and will not be taking further action in light of the fact that the matter is already in the courts system under different solicitors. Any duplicate action bought on this issue will be strongly contested.

Yours sincerely

Mr X

Then we need to write to Irwin Mitchell with offers of repayment for everything minus the actual charges and 8% stat interest thereon if you are happy to do so.

Re the spreadsheet issue - look back Legal Beagles

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Hi Ame and everyone else who has kindly offered support, through this thread,

BIG, BIG thanks for your help and templates.

I have now written letters, as follows:

1) Natwest (following on from their letter advising if I don't reply within 8 wks they'll consider my complaint closed) - thanks Ame, for your template,

2) Shoosmiths (following on from their attempts to instigate legal action against two accounts which are already subject to a (stayed) court case from anothe Natwest appointed solicitor (Irwin Mitchell)) - thanks again Ame, for your template,

3) Natwest - a copy of my letter to Shoosmiths asking them to get Shoosmiths to withdraw as Irwins Mitchell have already gone down the ourt route, on their behalf,

4) A letter to Nothampton Court basically to get confirmation that the case remains stayed and that Irwin Mitchell still haven't bothered to respond to my defence

Hopefully I'm all up-to-date now except for the on-going 'discrepencies' regarding my spreadshhet. I remain extremely interested in the reasons behind Budgies request for the hugely detailed spreadshhet that I spent nearly a whole day compiling - I'm sure he had his reasons and if so these would really, really, really, (potentially) help me out !

Kind regards,

R

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Hi Budgie,

Next time you're on-line I'd be really grateful if you could PLEASE, PLEASE contact me.

Thanks,

R

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Hi Budgie,

Next time you're on-line I'd be really grateful if you could PLEASE, PLEASE contact me.

Thanks,

R

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Hi Budgie,

Next time you're on-line I'd be really grateful if you could PLEASE, PLEASE contact me regarding the spreadsheet you requested and agreed to take a look at.

Thanks,

R

[Amethyst]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

RB I havent seen or heard from Budgie for a very long time. I'm sorry that he has left you in the lurch and let you down, you are quite at liberty to keep waiting for him to respond or we can help you continue sorting out the claim.

The only issue with the spreadsheet is the inclusion of all interest the bank have charged rather than the amount charged on the charges, and the inclusion of the monthly account fee which you can't include unless you are arguing you did not agree to or sign up for a fee paying account.

This obviously brings your claim level down by a lot and you need to make a repayment arrangement for the rest. You have those letters in and are waiting for responses so let us know when you hear back on either of those.

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Hi Ame,

Thanks for your reply.

I've been unwell so haven't been on-line for a week or so - please accept my apologies.

I've just logged in and see my dear friend Budgie is on-line - BUDGIE - CAN YOU HEAR ME ? Did you ever have any luck with my extensive spreadsheet ?

Kind regards,

R

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Hi Ame / Budgie,

I have now received a reply, from Shoosmiths (you may recall both Shoosmiths and Irwin Mitchell are chasing for what we believed to be pretty much the same debt):

The reply reads, as follows (quote):



Our Ref ********************
Date * March 2010

Dear Sir

Our Client: National Westminster Bank Plc
Account References: **************, **************

We refer to the above matter and further to your letter dated **th February 2010.

We referred the matter to our Client who has confirmed that Irwin Mitchell are instructed against your wife's liability in relation to the joint current account that you share. They have also confirmed that since you have a sole loan agreement we were instructed to pursue against your liability for that and your joint current account.

Due to you having a sole loan account action against you and your wife has to be sought on an individual basis, however the money owed under your joint account will only be recovered once.

Our Client has advised that if you would prefer, your file can be passed to Irwin Mitchell to deal but please note that if this is done any legal action they take will also be done seperate to any legal action taken against your wife.

Therefore please contact our offices within the next seven days to advise whether you wish your file to be passed to Irwin Mitchell or to put forward your offer of repayment. If we do not receive a response we will continue with action against you in this matter.

We look forward to hearing from you.

Yours faithfully

Shoosmiths



And thats about it !

Please remember I.M. HAVE instigated action against my wife BUT failed to respond to our defence therefore the case has been stayed. I have this in writing from Northans C C Bulk Centre.

Can anyone please offer me any of your usual, superb, guidance ?

My initial reaction is to let I.M. take this file too, in the hope this also gets stayed ?

I guess the crux of the matter is Irwin Mitchell V Shoosmiths - who is the best to deal with and who are the biggerst bas***ds ?

BIG thanks,

R

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Bump...... sorry but can anyone please, possibly help me ?

BIG thanks, as always,

R