Natwest taking me to court ***All 3 Claims Discontinued***

[texanbar]

Is your signature anywhere on this?

 

 

Hi Goldlady,

 

no signature box, no signature and no date.

 

 

They said they do not need to provide me with a copy of my 'true agreement' in the covering letter.

 

x:)x

[womble72]

It is not enforcable !

 

Basically the Ratwest have just created a agreement.

 

This is really good. Did you cpr 31.14 them?

[texanbar]

Hey Womble,

 

Yes, I did cpr 31.14 them and all I got were my 83 pages of bank statements from my current account. Then I got 2/3 pages of bank statements from the 'loan' account. That's been about it really other than what came a couple of days ago which were the agreements I have just attached.

 

I do have in my possession the default notices they issued but definitely no signed agreements.

 

I'm being, surprisingly, hesitant about it being good news! (sorry) I hope it is but shall wait and see.

 

x:)x

 

 

It is not enforcable !

 

Basically the Ratwest have just created a agreement.

 

This is really good. Did you cpr 31.14 them?

[womble72]

The defence your need will probably be a copy of mine.

 

(1)No orginal agreement on the loan. You have ask the Ratwest to provide a true copy and have failed to do so.

 

(2)The overdraft - it has over £1,800 of unfair charges on.

 

Please highlight the charges on your statements and put them in a folder.

(you will need to show the judge)

 

You might not even reach court because you have a strong defence concerning the loan agreement and ok the overdraft can be difficult to defend but you have unfair charges.

 

See when the date is set for court then we can put together the skelleton defence before the due date with the help of the other great caggers on here.

 

So dont worry.

[texanbar]

Wow womble, I can hardly dare to believe it. Yes, I will be 'borrowing' the same as yours, so we'll wait and see.

 

Thanks for the faith - really need it.

 

x:)x

[Goldlady]

I would agree that it has been reconstructed - or if it hasn't they have never managed to get a signed agreement from you, which is just as good.

[womble72]

I will speak soon.

 

Have a good night sleep and lets wait and see when the court date will be.

 

X:)X

[texanbar]

Good morning everyone,

 

Another update, on Saturday, I received the AQ from the courts. I will look through Womble's and see what I need to complete. The deadline date is set for 25th March 2009.

 

Starting to feel nervous now!

x:)x

[womble72]

Hi Texanbar,

 

Now i have got my judgement set aside i will now try to help you with yours.

 

Can you scan your default letter from them and see if they have correctly done this by the book. It could be a dodgy default.

 

We will re edit my defence to suit yours and then get a experianced cagger to double check it before being in on the 25th March.

 

Dont stress too much.

[texanbar]

Hey womble,

 

That's very kind of you. Yes, I will do it all tomorrow. Just got in and need to get household chores sorted and little ones into bed. Take care

x:)x

[lmrn37]

I am just waiting for my AQ as well to come through. i expect I will get the same letter as you that they wish to proceed. They still haven't sent me any details through from my cpr request.

[texanbar]

Hi everyone

 

I'm sorry I've not been back on for a while, I've had tonsillitis, and Uni work is piling up! Anyway, here's the Default Notices I have in my possession Womble, I've scanned them through. Any help regarding filling out the AQ would be very much appreciated. I shall hand deliver again - deadline is next Wednesday, 25th March 2009.

 

Thanks everybody - it's reassuring to know I am not alone. I may even ask for a court buddy once I have my date. (My confidence is slipping fast, feel like a bag of nerves!)

[womble72]

Hi Texanbar,

 

Please dont stress too much.

 

Lets start with the default notice, i am no expert but that does not look like a default notice.

 

Is the Aq the n150 form ?

 

Can you please let me know.

[texanbar]

Hi Womble,

 

just looked at it this morning, yes, it the N150 Allocation questionnaire (04.08)

 

Thanks womble

x:)x

[womble72]

Hi Texanbar,

 

I will post my n150 form on here later.Just copy the answers.

 

Womble

[womble72]

Hello Texanbar,

 

Here is a step by step guide of filling the n150 form.

(This was from my NR case)

 

Quote:

 

Section A - Settlement

tick no

Quote:

Section B - Location of Trial

tick yes, in the box put that you respectfully request the case be heard at your local county court wherever that may be as you are a litigant in person

Quote:

Section C - Pre-action protocols

 

tick no in part 2,

 

Quote:

Section D - Case management information

amount of claim in dispute, you should be able to answer that

Quote:

Applications

tick no

Quote:

Witnesses

yes you so enter your details as a witness of fact

Quote:

Experts

 

Tick no

Quote:

Track

Multi as the claim is over 14000

Quote:

Section E - Trial or final hearing

Reading time 2hrs

hearing 3 hours

 

if there are any days you are not available let them know

Quote:

Section F - Proposed directions

Attach the list of directions, if any, you believe will be appropriate to be given for the management of the claim

Tick both boxes with no

 

Quote:

Section G - Costs

 

leave blank

 

Quote:

Section H -Other Information

 

this is for any information to bring to the judges attention which the judge may use to help him deal with the case

 

Hopefully this should give you guidance.

 

Our next step would be the defence and i will use Paulwlton great piece of defence, we will re edit to suit your case.

 

Just PM me when you have time to go through the main points.

I will then draft the defence and i will let a site member to double check it.

 

We then have it on time for next Wed.

 

:)Womble

[texanbar]

Hey Womble, really appreciate this, I've highlighted in red so other points I need to address.

 

 

Hello Texanbar,

 

Here is a step by step guide of filling the n150 form.

(This was from my NR case)

 

There's a question at the top that says "Have you sent a copy of this completed form to the other party(ies)? Yes or No. - Do I need to do this?

 

 

Section A - Settlement

tick no When I tick NO, it says in Q4: if you answered NO to Q1, please state below the reasons why you consider it inappropriate to try to settle the claim at this stage? What do I put in there?

 

 

Section B - Location of Trial

tick yes, in the box put that you respectfully request the case be heard at your local county court wherever that may be as you are a litigant in person

 

Section C - Pre-action protocols

 

tick no in part 2, It say, if NO, explain why? What shall I put in here?

 

 

Section D - Case management information

amount of claim in dispute, you should be able to answer that

 

Applications

tick no

 

Witnesses

yes you so enter your details as a witness of fact

 

Experts

 

Tick no

 

Track

Multi as the claim is over 14000

 

Section E - Trial or final hearing

Reading time 2hrs

hearing 3 hours

 

if there are any days you are not available let them know

 

 

Section F - Proposed directions

Attach the list of directions, if any, you believe will be appropriate to be given for the management of the claim

Tick both boxes with no

 

 

Section G - Costs

leave blank

 

 

Section H -Other Information

Fee - there is a question that says: Have you attached the fee for filing this AQ (yes or no). An allocation fee is payable if your claim or counterclaim exceeds £1500. - Do I tick the NO box?

this is for any information to bring to the judges attention which the judge may use to help him deal with the case. Sorry womble, would this be a copy of the DN, or Loan agreements or letters I have sent? or is this the defence you've mentioned below?

 

Hopefully this should give you guidance.

 

Our next step would be the defence and i will use Paulwlton great piece of defence, we will re edit to suit your case.

 

Just PM me when you have time to go through the main points.

I will then draft the defence and i will let a site member to double check it.

 

We then have it on time for next Wed.

 

:)Womble

 

 

 

Thank you womble - you're a superstar x

Edited March 20, 2009 by texanbar
typo

[womble72]

Hi Texanbar,

 

I am asking another cag member for advice.

 

I will get back to you on those questions.

 

Womble:)

[texanbar]

Hi everyone,

 

Just to let you know that this morning, I received a copy of NW's AQ.

 

They have replied as follows:

 

Have you sent a copy of this completed form to the other party(ies)? - NO

 

A - SETTLEMENT

1) Given that the rules require you to try to settle the claim before the hearing, do you want to attempt to settle at this stage? YES

 

2) If yes, do you want a one month stay? YES

 

D - CASE MANAGEMENT INFO

Amount of the claim in dispute £xxxx

 

Witness name

Claimant's representative

 

Witness to which fact

Contract Quantum

 

TRACK

Fast track box is ticked

 

E -TRIAL OR FINAL HEARING

They have estimated 1 hour

 

G - COSTS

estimated costs to date £400

estimated overall costs £3500

 

H- FEE

Have you attached the fee for filing this AQ - YES

 

 

Is there anything here which is not the norm? Look forward to any comments. Many thanks

 

x:)x

Edited March 20, 2009 by texanbar
typo

[womble72]

Hi Texanbar,

 

Can you please tell me if you have section I on the form.

 

Also section F- what is question1 state ?

 

I have answered a few questions below with the help of Doch.

 

 

There's a question at the top that says "Have you sent a copy of this completed form to the other party(ies)? Yes or No. - Do I need to do this?

 

YES SEND A COPY TO THEM.

 

Section A - Settlement

tick no When I tick NO, it says in Q4: if you answered NO to Q1, please state below the reasons why you consider it inappropriate to try to settle the claim at this stage? What do I put in there?

 

The claimant has failed to substantiate this claim"

 

 

 

Section B - Location of Trial

tick yes, in the box put that you respectfully request the case be heard at your local county court wherever that may be as you are a litigant in person

 

Section C - Pre-action protocols

 

tick no in part 2, It say, if NO, explain why? What shall I put in here?

 

This case is not covered by any approved protocol”

 

 

Section D - Case management information

amount of claim in dispute, you should be able to answer that

 

Applications

tick no

 

Witnesses

yes you so enter your details as a witness of fact

 

Experts

 

Tick no

 

Track

Multi as the claim is over 14000

 

Section E - Trial or final hearing

Reading time 2hrs

hearing 3 hours

 

if there are any days you are not available let them know

 

 

Section F - Proposed directions

Attach the list of directions, if any, you believe will be appropriate to be given for the management of the claim

Tick both boxes with no

 

 

Section G - Costs

leave blank

 

 

Section H -Other Information

Fee - there is a question that says: Have you attached the fee for filing this AQ (yes or no). An allocation fee is payable if your claim or counterclaim exceeds £1500. - Do I tick the NO box?

 

LEAVE BLANK

this is for any information to bring to the judges attention which the judge may use to help him deal with the case. Sorry womble, would this be a copy of the DN, or Loan agreements or letters I have sent? or is this the defence you've mentioned below?

 

 

[texanbar]

Hi womble,

 

Thank you for all the time you (and others) are spending with me.

 

Yes, I can confirm I do have section I - other information.

Section F is Proposed Directions, which you have covered above already.

 

x:)x

[womble72]

Hi Texanbar,

 

Section I tick yes to the 1st question...no to the second

 

tick no to applications

 

in the big box write "please see attached section I"

 

Sign & date it etc.

[womble72]

Hi Texanbar,

 

Here is the updated yes & no answers.

 

There's a question at the top that says "Have you sent a copy of this completed form to the other party(ies)? Yes or No. - Do I need to do this?

 

YES SEND A COPY TO THEM.

 

Section A - Settlement

tick no

 

The claimant has failed to substantiate this claim"

 

 

 

Section B - Location of Trial

tick yes, in the box put that you respectfully request the case be heard at your local county court wherever that may be as you are a litigant in person

 

Section C - Pre-action protocols

 

tick no in part 2,

 

This case is not covered by any approved protocol”

 

 

Section D - Case management information

amount of claim in dispute, you should be able to answer that

 

Applications

tick no

 

Witnesses

yes you so enter your details as a witness of fact

 

Experts

 

Tick no

 

Track

Multi as the claim is over 14000

 

Section E - Trial or final hearing

Reading time 2hrs

hearing 3 hours

 

if there are any days you are not available let them know

 

 

Section F - Proposed directions

Attach the list of directions, if any, you believe will be appropriate to be given for the management of the claim

Tick YES TO QUESTION 1 AND NO TO THE 2ND ONE.

 

 

Section G - Costs

leave blank

 

 

Section H -FEE

LEAVE BLANK

 

Section I - Other Information

Tick both boxes no

 

 

tick no to applications

 

 

Sign & date it etc.

 

Edited March 21, 2009 by womble72

[womble72]

In section I TICK BOTH BOXES AS NO PLEASE !

 

Now you can send the AQ form off.

 

Good luck.

Edited March 21, 2009 by womble72

[texanbar]

Good morning friends.

 

Just wanted to say I have completed the AQ and will be hand delivering it today. Many thanks again for all your help.

 

xx

 

x:)x