Nat West taking me to court ! Need Help urgent !**DISCONTINUED**

[womble72]

Hi Cag team and fellow members,

 

It has been a while since i have been on the forum but i need further assistance from the cag team who helped me have a victory against NR.

 

Since i was last on here i have sold my house due to financial hard ship and also creditors making my life a misery with charging order threats.

 

So now i have had a claim form against me for £13,660.73 from Nat West.

 

One debt was for a un secured loan.

The other was a overdraft limit.

 

Now can someone just give me some guidence of what steps to do first.

 

Now i know with the Nr case i will defend the whole claim but is it too late to send the company acting on nat west behalf a cca letter ?

 

 

And also a cpr ?

 

The claim can be done via moneyclaim.gov but the form is dated the 17th Sep so how much time does this leave me to act ?

 

Your help as always would be much appreciated.

 

Kind Regards

 

Womble

[womble72]

Hi Cag,

 

A few more things to add to the previous thread.

 

(1) I have had no default letter from the Natwest.

 

(2)I am still using Payplan Dm to pay them.

 

(3)Is it just best to send a cpr to them and does that cost any fees to do so ?

 

Kind Regards

 

Womble

[Goldlady]

Hi Womble. If the claim was dated 17 Sept then you need to respond within two weeks - the actual deadline allows two more days.

 

Yes you can send them a cpr request which incorporates sending a cca request. And no it doesn't cost anything.

 

Stupid thing is that even if you did lose the fact that you are paying them will go in your favour and you will probably end up in the same situation but with a ccj.....

 

I have some CPR requests I used which might be helpful - let me know if you need one

[womble72]

Hi Gold lady,

 

Thank you for your response and yes please can i have one of your templates.

 

Could i try with unfair bank charges as a defence on the overdraft ?

 

They have never send me any statements for a long time but i am not sure how to go about doing it ?

 

Kind Regards

 

Womble

[paulwlton]

Could you post what's on the claim form?

[Goldlady]

CPR PART 18 - REQUEST FOR INFORMATION

 

I, the Defendant in the above case, acknowledge receipt of your Court Claim.

 

Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement, compliant in all ways with Part V of the Consumer Credit Act 1974 as amended and all relevant regulations made under such, along with any documented terms and conditions that applied to the account at the time of default and at the time the account was opened.

 

2. All records you hold on me relevant to this case, including but not limited to:

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor.

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account held with xx bank

 

c. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

g. A list of third party agencies to which you have disclosed my personal data and a summary of the nature of the information you have disclosed.

h. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a complete defence to your claim.

[womble72]

Thanks Goldlady.

Paul i will post the claim form on tonight.

 

Womble

[womble72]

Hi paul,

 

On the claim form it states i owe the claimant £14,000.

 

The company acting on behalf of Natwest is Incasso LLP.

 

The only other thing on the form is costs for court & solicitor.

They have not even bothered putting a actual siganture on the paperwork.

 

Thats all there is and no other information. Maybe because i have just recently moved they might think i still own my property as the action is at my old address.

 

Regards

 

Womble

[womble72]

Hi Everyone,

 

I need a refresher course on filling in the AOS form.

(1)Do i wait to fill the aos form until i have recieved any information from the solicitors concerning the cpr.

(2)Just fill in the defend all of the claim.

(3)would i need to fill in the admission form as well ?

 

Or skip all of this and go bankrupt because i am just fed up with all this crap these big companys keep throwing at me.

They wont listen that im with payplan and i have lost owning my own home because of having no money to feed my young children.

Payplan have giving a Bull**** statement to all the creditors because if they knew my real ingoing/outgoing they cant represent me.

 

The sale of my property was the hardest thing i had to do because i would have either gone into negative equity or charging orders thrown at me and having a intreast only mortgage there was no way i would be able to pay it off.

 

The people on here have all the same purpose of keeping one step ahead of all these companys who thrown money at us and expect to get it back as a lump sum !

 

I managed a victory against Nr but now i am in rented accomadation i feel like i lost and it is all my fault ! I wouldnt have felt so bad if i did not have two wondeful children to support but maybe bankruptcy is the only way out of this nightmare.

 

Apologies for going on and on but a dark cloud is hovering above me and i am just so fed up with it all.

 

I need a good defence against the Natwest and i know the cag team are brilliant but i cant help feeling alone with this mess i am in.

Thats me feeling sorry for myself,

 

Kind Regards

 

Womble

[emmaf01]

Hi Womble. I know things look black at the moment but you have two wonderful kids who need you and all of us on here ready to help if we can.

 

There is generally someone on here at all times so if you need a moan or someone to talk to, we are here.

 

This Natwest claim- regarding the overdraft- have you got any statements? Any idea about the charges, how many there are? Of course you can start a claim, therefore disputing the amount owed.

 

Regarding the loan, any PPI? I know the CPR Part 18 will try to get information for a specific defence, I'm just trying to see what you can recall or have to hand for evidence.

 

You will get through all of this. And you've been through a lot of stress already, go easy on yourself. And you aren't alone- we're all in this together. Just be glad you're not in Liverpool- I'd make you go for a coffee!

[saintly_1]

1 You must file the AoS within the 14 days ........ which will give you 28 days from when the papers were served to file your defence ......

 

2 You will be defending the whole claim

[womble72]

Hi,

 

Thank you for your kind words.

 

I will tick the defend all of the claim but do i just send that part of the form only because there is another sheet on the admission form stating about defending the case but i dont want to get too confused ?

 

What i recall is just send the aos form only and wait from the courts for a reply ?

 

Kind Regards

 

Womble

[womble72]

Hi,

 

Has anybody got info on a company called [edit]?

 

They are supposed to help you wipe debts off.

I have been offered to maybe try them but i am sceptic.

Has anybody else heared of them.

 

Kind Regards

 

Womble

Edited September 23, 2008 by GuidoT
Please do not post links to commercial sites

[berrylover]

I would reckon you would need to pay them to do that. Stay away.

[Belaflat]

Costs,

 

Cost to client.

• £450 for first card or unsecured loan (and to join Credit Issues)
  
• £150 for each additional card or unsecured loan
  
• A conditional fee charged upon success of £150 per hour up to £1,000 per client
  

 

• Examples
  
• Client with 1 credit card with a balance of £5000
  
  • Cost to client - £450 plus £1000 = £1450
    
  • Total saving to client = £3550
    

   

  [*]Client with 5 credit cards and 1 unsecured loan with a total combined balance of £40,000

  • Cost to client - £450 plus 5 x £150 plus £1000 = £2200
    
  • Total saving to client = £37,800
    

   

  [*]In the case of 3 credit agreements

  • Initial fee payable 1 x £450 plus 2 x £150 = £750.00
    
  • Reductions of £5,000 in the sum outstanding under the first and second credit agreements therefore a total reduction of £10,000.00
    
  • Compensation of £500 in the third credit agreement therefore a total compensation of £500.00
    
  • Say 10 hours worked in respect of first credit agreement
    
  • Say 5 hours worked in respect of each of the second and third credit agreements
    

   

  [*]Conditional fees payable

  • First credit agreement
    
  • 10 hours worked less 3 initial hours is 7 hours at £150 is £1,050 (capped at £1,000) = £1,000.00
    
  • Second credit agreement
    
  • 5 hours worked less 1 initial hour is 4 hours at £150 = £600.00 (waived)
    
  • Third credit agreement
    
  • 5 hours worked less 1 initial hour is 4 hours at £150 = £600.00 (waived)
    
  • Benefit to Client : £10,500 less (£750 + £1000 (inclusive of VAT as applicable) is £1,750.00) = £8,750.00
    

   

[womble72]

Thanks for the input and yes you will need money but in theory does this actually work ?

[Belaflat]

If all else fails in my attempts in keeping the wolves at bay, I would consider using them.

[GuidoT]

Have a look here.

[emmaf01]

Surely you can just send off for CCAs yourself for £1, then check on here whether they are enforceable?

[womble72]

Thanks Gudio 2,

 

So i will need to tread very carefully with this company.

 

My ex mortgage broker put me in contact with someone he knew about helping with debt problems.

 

It does sound too good to be true.

 

Regards

 

Womble

[Multay]

Hi,

 

Has anybody got info on a company called [edit]?

 

They are supposed to help you wipe debts off.

I have been offered to maybe try them but i am sceptic.

Has anybody else heared of them.

 

Kind Regards

 

Womble

 

Hi,

 

It didn't work for the Rankines - They set one of these up and lost big time in court (100,000 quid I think) - There was some dodgy lawin the judgement against them, but I would be very suspicious about these companies - What happens if they don't write anything off? Get your money back? I would doubt it...It's just another example of companies cashing in desperate people.

You will get better advice on here I reckon....Stay strong and to be honest, if you got 750 quid to play with you could always go for a F&F settlement with a creditor?...You never know, they might just take it..

[paulwlton]

When did you take the loan out?

[womble72]

I took the loan out in 2003

Edited September 23, 2008 by womble72
wrong year

[paulwlton]

I took the loan out in 2003

 

Have you sent a CCA request yet?

[womble72]

yes yesterday to there solicitors via special delivery.

Also wrote to Natwest to ask them to reconsider court and carry on the payment via payplan.i I also gave there solicitors a copy.