Natwest/Shakespeare claimform £29K - merged OD & loan - help!!

[surfaceagentx20]

You can lose Part 2. These are documents in the public domain and which are not evidence.

 

Part 1 should be listed in chronological order and numbered in sequence so drop the lettering. Don't use the list as a means of giving evidence either (ie stuff like 'response to Court Order giving explanation of their false claim that they had not received notice of proceedings and General Order, when in fact they had.' or 'time wasting tactics' et al). The list should be matter of fact, flat and neutral.

 

x20

[Grad98]

OK thanks for that X20 - I will make those changes and make it compeletly a numbered list with no added information. Appreciate your help and will keep my thread updated as to what happens next.

Grad

[Grad98]

Further to the courts order to provide standard disclosure of documents by Oct 20th, Shakespeare Putsman have only just written to me today (Nov 13th) with the list. Yet again they have submitted it late to the court. Anyway, it is as follows:

 

1. 9 Nov 2005 Fixed sum loan agreement between Claimant and Defendent

2) 9 April 2008 Letter defendent to claimants solicitors

3) Various - Natwest bank statements acount no xxx3479 between 11 Nov 2005 and August 2008

4) Various - Natwest bank statements account no xxx2871 between 10 Nov 2005 and Aug 2008 (52 pages)

5) Various - Pleadings to date

6) Various Party and Party correspondence

7) Undated - Schedule of arrears document account number xxx3479

 

They also go on to ask me to provide them with items 1-20 from my own standard disclosure list and invite me to make any requests for copy items which appear thereon (on their own list).

 

I will obviously respond and ask for copies of all of their list of documents but could you please advise me is there anything else I should be doing at this point. Still no firm mention of the CCA agreement (I don't know if the "Fixed sum loan agreement between claimant and defendent'" is meant to be the CCA.

I am also aware that the deadline to do the witness statememnt is fast approaching and am worried about that.

 

Any advice on next steps will be well appreciatied.

 

Grad

[surfaceagentx20]

Grad,

It would appear to be the only agreement they are willing to disclose so I imagine that there is your agreement.

 

I also notice that a default notice is not disclosed, nor is there one in your list. Is the existence of one mentioned in the Claim Form?

 

Further, your statement of the last order says exchange of witnesses is fixed for 30 November. Which is the same day as production of copy documents. Is that right?

 

You should now write to the other side asking for the production of copies of whatever you want to see. You may request the facility to make physical inspection of the agreement if you wish. Where you request copies, include a statement that you undertake to pay the claimant's reasonable copying charges pursuant to CPR 31.15©. Also, did the other side include a similar copying charges undertaking whwen they wrote to you?

 

x20

[Grad98]

Hi X20 - thanks for your respomse

 

There is no mention of a default notice on the claim form.

I cant recall receiving a copy (not to say that I didn't...but I don't have a copy now nor remember receiving one.).

 

Yes, that is correct that exchange of witness statements is the same date as inspection of copy documents (30th Nov)

 

And finally they did not undertake to pay my copying charges, they simply said at the risk of causing me inconvenience, could they kindly request items 1-20 of my disclosure list. Given that most of the items on their list

 

Does this have any implications?

 

I will now go and ask for a copy of all the items on there list pursuant to CPR 31.15 C and request to see the original fixed loan agreement. Do you reckon I should request it by a certain date, i.e. by no later than 23rd Nov to give me time to prepare my witness statement.

 

I appreciate your advice x20 - thanks so much.

[Grad98]

Further to my post above re the default notice. On the claims form the claimant stated:

"The claimant has served the defendent notice under the Consumer Credit Act 1974"

 

I am not sure if this refers to a default notice or notice that they are taking me to court. Just thought I should clarify that in case you had any further advice re this...

[Grad98]

I have requested a copy of all the items on their list. I suppose now I must turn my attention to the witness statement that must be submitted by 30th Nov.

Could I please ask for your guidance on how I put a witness statement together and what I need to say on it please.

 

Thanks so much for your time and help .

 

GRAD98

[surfaceagentx20]

You are going to be in great difficulty in compiling a witness statement if you do not have physical possession of all of the documents material to thie issues in this case. Like both agreements, the notice under the Consumer Credit Act 1974 whatever that may be, and so forth.

 

I suggest you postpone compiling your witness statement until Shakespeares have complied with your request for inspection of documents. Even if that means the statement doesn't get done until after 30 November.

 

Have you been given a trial date or trial window yet? If so, what is it?

 

x20

[Grad98]

No trial date but the order that the claimant liaise with the defendent (me) and file listing questionnaire (pre trial checklist) by 4pm Dec 14th 2008.

 

Thanks for your advice, will postpone doing witness statment until I receive the copy documents for inspection of documents. I requested to Shakespeare Putsman to send them to me by the 25th Nov so lets see if they comply,

 

Will post again when I receive the docs. In the mean time, thanks for all your help.

[Grad98]

On Saturday(13th Nov), I received the way of service witness statement from Natwest.

Unfortunatley for me, they have produced the fixed sum loan agreement regulated under the consumer credit act 1974 for the loan. Does this mean its all over for me now? Also included are copies of my statements.

 

I am at a loss at what to do now. Could someone please help me. I assume the next thing for me to do is a witness statement as soon as possible (given the deadline to do this was 30th Nov). What should I be putting down in it pleae.

 

Any assistance will be appreciated - I am so worried now.

 

Thanks

Grad

[paulwlton]

Could you scan and post the agreement?

Have they sent statements in relation to your overdraft?

[Grad98]

I have to go to internet cafe to scan so I will do this tomorrow.

 

Yes they have sent copies of my statements in relation to the O/D.

 

One thing that does seem to be missing is I cant locate any default notice (although in the particulars of claim the claimant states they have served on the Defendent Notice under the consumer credit act 1974). This has not been sent with their list of disclosed docs either although they refer to party and party correspondence).

 

Well - I guess there is nothing much we can do till tomorrow when I post the loan agreement.

 

Do I also need to post the claimants witness statement?

 

Thanks for taking the time to respond.

 

Grad

[Grad98]

Hi

 

I have attached the Claimants witness statement and copy of the agreement that was sent.

I would be grateful if you can point me in the direction for next steps and to write my witness statement.

I also received the listing questionnaire completed by the claimant today and their estimated costs are £6k! Am really panicking as a 24k debt has turned into £36k now. Any advice for next steps is appreciated.

 

Thanks

 

Grad98

Edited December 29, 2008 by ukaviator

[Grad98]

BUMP

 

Can anyone please help me please. My witness statement under court directions was due to be in by 30th Nov and the Claimant has submitted theirs. I have no idea what I should be putting down in my witness statement. Help please!!

 

Grad98

[The GodMother]

did you recieve any cancelation details or t&cs?

 

 

The t&cs listed on the document start at number 4 so were are 1, 2, 3?

 

I am no expert but i think it might be enforcable but i will need to know more

[Grad98]

Hi Godmother,

 

I dont recall receiving any cancellation details or T&C's when I took out the loan.

What I have scanned in and posted is all that was sent to me in terms of the T&C's - nothing further. They also wrote in their cover letter I can come to their offices and inspect the original.

 

Could you advise me what to do next and what I should be putting down in my witness statement. If this is enforcable then is that it for me then? i.e. the judge will rule that I am liable for the full debt and costs now? I am so worried, costs alone are about 6k.

 

Please help me

 

Thanks

 

Grad98

[The GodMother]

erm well as no expert i would say it was unenforcable the t&cs start at number 4 so where are the first 3?

 

Sorry iam no good with witness statements

[Grad98]

Thanks for that Godmother, I would certainly try and use that argument. On the CCA, I notice that key financial information, other financial information and key information are respectively numbered 1,2, and 3. Perhaps they would argue those are the first 3 of the T&C's.

 

Could Anyone else PLEASE help me with a witness statement? Not to write it for me but please just advise me what I need to be putting in it. I am late in submitting it and I really need some guidance.

 

Thanks , Grad

Please help.

[citizenB]

just giving your thread a gentle nudge.

 

If you havent had a response in say a couple of hours, try clicking on the red triangle at the bottom of your avatar and asking a mod/site helper for assistance.

[paulwlton]

The agreement looks enforceable, the amount claimed is based on the credit and interest payable under the agreement, this means if judgment is obtained it will be on the basis that if you were to pay the judgment amount before the actual term of the agreement then the interest element would be rebated accordingly.

 

Regards

[Grad98]

Thanks for your response. It sounds like they will be able to obtain judgement against me based on the agreemement for the full 36k which is so distressing. I guess I should still submit a witness statement, perhaps tif I say the right things the judge may not charge costs to me?

Could you please let me know how to draft a witness statement given they have produced the CCA and what I should be saying in it.

 

thanks, Grad98

[Grad98]

Bumping

[Grad98]

bumping please -i really need help with this witness statement.

 

Can I use bank charges on the overdraft to dispute part of it?

[paulwlton]

bumping please -i really need help with this witness statement.

 

Can I use bank charges on the overdraft to dispute part of it?

 

I'll see if i've anything in my own library.

 

later

[Grad98]

Bumping please