Both cases relate to the same loan, so the claim was struck out. The new claim is against both of us, so even if their discontinuance against me was valid, presumably they would not be able to pursue both of us again?

New court date is 16th January and I came across this thread and wondered if the principle of "res judicata" applies here. We have a letter from the court stating: "Case against Mr P discontinued Case against Mrs P struck out" Followed by a quote from the presiding judge: "I do not understand the problem - are there fresh proceedings against Mrs P?" Just to recap, the case was struck out because NatWest failed to submit a WS before the deadline. In fact they didn't submit one at all. The court struck it out and several months later Nat West notified us that the claim had been "discontinued". The attached thread seems very similar to our situation: http://www.consumeractiongroup.co.uk/forum/showthread.php?274161-Claim-struck-out-claimant-trying-to-re-issue-%28abuse-of-process%29-then-read-on Any thoughts?

I'm also struggling to figure out if I have a defence or not. NatWest defaulted a loan in 2012 and we went to court, but the DN was defective (amount wrong, less than 14 days to resolve). The judge struck it out and as if by magic, a new default notice arrived in April 2013. It all seems to be correct but there is the small matter that the agreement was in effect, terminated when court action took place. Also, my access to the linked bank account/loan was unilaterally terminated in 2009 with no notice when arrears first started. I have a trial date in 3 weeks time and keep finding conflicting information so I don't know if it can be successfully defended on this basis or not. Please advice, thanks http://www.consumeractiongroup.co.uk/forum/showthread.php?336532-RBS-taking-me-to-court-*Struck-Out*-**-New-claim-issued-by-RBS-**/page18

they have sent a screenshot showing one was sent but there is no actual default notice or evidence that it gave sufficient time - but this doesn't matter?

How did this pan out? I'm in a similar situation too...

So if they issue a template default notice as per above with all personal details edited out, that counts as proof that one has been issued but if they issue one with incorrect details that prevents them from being able to enforce the debt until rectified?

so even though they haven't issued a valid default notice, the judge would probably still rule in their favour? What about assignment? I receive a letter from them telling me the debt had been assigned but nothing from the original creditor to verify. Also, no sight of the deed of assignment...

Ok thanks - is there any mileage in the fact that I only received a screenshot of an alleged default notice and a blanked out version as above? Surely if there are no details on it they can't prove that it was not defective or that it was even issued?

So if they amend the trial could go in their favour?

Ok great. Can they go away, recreate another recon and come back at a later date?

Can they change it when it comes to light at the SJ hearing or do they get a second bite at the cherry?

This is 2008, does that mean recon is ok? Also the address on the recon is not my address when the agreement was taken out?

I responded with a WS and summary judgement is booked for 25/11. I'm talking to them about a payment plan but they are playing hard ball with a payment plan that repays the whole amount + costs. What level should I pitch an offer in. Also the following occur to me and I wonder if they have any merit: The emphasis in Carey v HSBC on section 78 of the Consumer Credit Act 1974 appears to have obscured the duty of the Claimant to adhere to section 61 of the Consumer Credit Act 1974, which states that a regulated agreement is not properly executed unless a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor and by or on behalf of the creditor. The document must include the credit limit, the interest rate and details of how and when a debtor is to discharge his payment obligations. A failure to produce such a document could render the agreement irredeemably unenforceable. Am I right in thinking they still need to come up with a signed copy of the credit agreement at some point to enforce the debt? The letter of assignment comes from 1st Credit - shouldn't there be a deed of assignment or some kind of notification from the actual creditor. Attached is the default notice they sent - I haven't blacked it out, this is exactly how it arrived. Is this valid, as we have no way of knowing if it was issued correctly or not? Thanks, D

Trial is due tomorrow and judge looked at the application and decided not to delay proceedings because NatWest objected to it. However, the good news is that the court was double booked so the trial has been postponed, which will give us more time to prepare a better defence. Not how long it takes to relist but court said we could be looking at January.

We submitted the application and have been told the judge will look at it tomorrow - the day before the trial! We have also been put on notice of a possible double booking so the trial date may move anyway. Still struggling to reach an acceptable way forward with NatWorst as they still want a charge and CCJ - we would rather see what the judge has to say. We have provided the court with responses from ICO and FOS confirming that investigations are ongoing so hope the judge will wait until these are resolved. In terms of preparing for a trial - what do we do? Rehearse arguments, swot up on facts - never been here before so really not sure how to get ready...

OK thanks - bit confusing for us non-legal types with having SJ and a separate trial? Notice of Allocation to Small Claims Track states: "District Judge X sitting at Y considered the papers in the case and ordered that: 1. Claim is allocated to SCT and parties are referred to CPR 27 and Practice Direction ... this is what made me think trial had superceded SJ?!

Hi Andy, I know we lost a couple of days, but I am thinking of driving to the court tonight to post the N244 tonight, email to court and claimant and follow up on it tomorrow. Surely a judge would be available to consider it before Thursday? Also should I include copies of FOS and ICO acknowledgements and would this be admissible in court as we haven't update our list since the exchange of WS in June?

If we stay up to date on payments can they enforce it or does it just sit there until debt is repaid or property is sold?

So given that summary judgement date is 25th I need a witness statement by Monday 17th?

Hi Andy, does a charging order have to result in a CCJ?

just received notification of a trial date in January - no mention made of summary judgement date at the end of November - does the trial date supercede the summary judgment date?

Not a good response - they have said they won't consent to the application to the court and won't accept an offer without a charging order behind it. Apparently the claimant wants to "secure" the debt via a charging order but "you have my word they won't enforce it". I said something like "sorry I don't believe you" and asked them exactly what they would be looking for as a settlement that didn't involve a charge - at least if we know we can decide over the weekend whether we can stretch to it or whether to submit the application on Monday and face the music next Thursday at court. They managed to sidestep my question about how court costs had escalated so much in 4-6 weeks and didn't even mention the ICO and FOS investigations. Waiting to see what kind of figure they will come back with if any, and would appreciate any thoughts. PS. Another small matter, and I don't know if this works in our favour or not - our house was repossessed last year - the repossession order was granted but we cleared the arrears and have been up to date with payments since so are still in the property. The repossession order still stands but could mean claimant wouldn't get as much if it was repossessed and sold at peanuts.

Ok will phone them first thing. Are they likely to agree, given what you know of this case as per the thread?

Thanks Andy. We don't know who the DJ is going to be - does that matter? In the ......... county court Claim No. ... Before District Judge ……… Also, Q.9 - Who should be served the application? Claimant? Q.10 What information will you be relying on, in support of your application? witness statement/statement of case/evidence below - what should I write?

So I need to create a draft order and attach to the N244?