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

[stressed mum!]

subbing! Hello texanbar am too having issue's with ratwest and womble has been great you are way ahead of me, keep your chin up though I would be very nervous at the idea of court x

[texanbar]

thxs Stressed mum! yes, very nervous but like I put in womble's thread forearmed is forewarned! is that the right saying!! I shall take myself along to court next week (Uni finished on Friday, so I've got one week to myself before my little ones break up for Easter hols from school) and sit in on the public gallery.

 

At least I'll know where to stand and what to say etc. This forum is a gold mine of knowledge, it's just wonderful to have some support.

 

If you need any help, just shout! although typing it might be easier

 

x:)x

[texanbar]

Hi everyone,

 

Just to keep you advised, still haven't heard anything back from anybody as of yet. Womble may I ask how long it was before you heard anything once you submitted the AQ to court.

 

On a personal note, my mother-in-law had a heart attack at the weekend and she's in hospital. Feeling very sad and emotional at the moment, trying to hold it all together... any free hugs going?

 

x:sad:x

[nevos]

Here is a big bear hug for you, hope MIL is OK

[stressed mum!]

Hugs from me to honey take care, you know where we are x

[texanbar]

Hi everyone,

 

Just to share some good news... mum in law is finally back on the road to recovery... and starting to (a little) get back to some normality.

I've only got a few exams next week, then I'll have also finished my first year at Uni... wow! can't believe it.

 

Couldn't have done it without the help from everyone on here with my financial problems so here is a BIG thanks xxxx

 

x:)x

[stressed mum!]

That's great new's as long as family is ok that's all that matter's.

Good luck with your exams next week will be thinking of you xx

[texanbar]

Hi everyone,

 

It would appear, timing is everything! Just when I thought I could enjoy the next few weeks now that my exams are over, I get a letter this morning from Northampton County Court.

 

It is a 'General Form of Judgement or Order' and it is ordered that:

 

1. Claimant will by 4pm on 22 June 2009 file and serve an amended claim, setting out the contract relied on, the alleged breaches of the contract and how the claim is calculated.

 

2. Defendant will by 4pm on 6 July 2009 file and serve an amended defence referring to the amended claim.

 

I take it I'm the defendant and am I just waiting for NW to send me info the Judge has asked for? OMG I'm a little shaky. What if they don't send it? or I don't know how to respond.

 

This is really scary. Any words of wisdom will as always, be deeply appreciated.

 

x:)x

[womble72]

Hello Texanbar,

 

Hope your mum in law is ok and hope you are well.

 

It looks to me that the Ratwest need to give the judge the agreement of your loan and how they come to these charges.

 

The judge has probably given them a time limit and for the Ratwest to give you a copy of there amended claim.

 

Will it happen?

 

Now wait and see if the Ratwest will respond to the court but if you hear nothing from the Ratwest by the end of next week please phone the court and explain that you have not recieved an amended claim from them.

 

You could then write a letter to the judge having the case struck out!

 

I will cross my fingers for you!

 

Just remember this the advice i would do but maybe a more experianced cagger would have a bit more knowledge but lets see if the Ratwest respond first.

 

Womble:)

[texanbar]

Ahh thanks Womble. Great to hear from you. MIL is feeling better thanks, got heart failure and keeps getting angina but thankfully home with a care package in place. Hope you and your family are all okay too! x

 

Yes, let's see what, if any, NW will send to me and/or courts. They have until 22 June to do it (which isn't long - great). I'm praying they don't so I can take the same route as yours. It would be a fantastic outcome if it is.

 

Fingers crossed... will keep you all updated. Thanks Womble x

 

x:)x

[texanbar]

Hi everyone

as I suspected, I received NW response today of an Amended POC.

 

I now need HELP in putting together my defence by July 6th.

x:)x

[Andyorch]

Hi Texan

 

Can you type up verbatum the details of the amended P.o.C?

 

Regards

 

Andy

[texanbar]

Hi Andy / All,

 

Ok here it is... apologies for the delay...

 

1. Amendments have not been shown to the original claim as this was issued electronically through the Northampton CC Bulk Centre

 

2. The Claimants claim is for the sum of £xx,xxx.xx which arised out of the balances outstanding on 2 a/cs which the Defendant holds with the Claimant and one credit balance for an account which the Defendant holds with the Claimant has been taken into a/c.

 

3. The first a/c, number ****** relates to a loan taken out on or around the 1st December 2005. The loan agreement (hereafter Agreement) is regulated by the Consumer Credit Act 1974. Under the terms of the Agreement the Claimant loaned the Defendant the sum of £x,xxx, the charge for credit was £x,xxx.xx and the total amount due under the Agreement was £x,xxx.xx. This was to be repaid in 60 monthly instalments of £xxx.xx.

 

4. The Defendant has paid £x,xxx.xx towards the loan agreement and te balance claimed in respect of this account is £x,xxx.xx.

 

5. As at the 6th February 2009, were the full sum to be paid under the Agreement, a rebate of £x,xxx.xx would apply in respect of an early settlement.

 

6. A "True copy" of the Agreement is attached to the Amended Particulars of Claim at Appendix A.

 

7. The second a/c, relates to an outstanding overdrawn balance on an Advantage Gold Current account, number ******** which the Defendant opened the 31st October 1994. The balance claimed on this a/c when proceedings were commenced was £xxxx.xx

 

8. The Claimant has taken into a credit of £0.02 in respect of a/c number ********.

 

9. Default Notices were issued on the 9th November 2005 and a copy of the screen prints in this regard are attached to the Amended Particulars of Claim at Appendix A.

 

10. The sums owed on the current a/c and Agreement have not been paid and remain outstanding to the Claimant.

 

11. The Claimant therefore claims the sum of £xx,xxx.xx and costs from the Defendant.

 

12. The Claimant claims interest at the court rate of 8% pursuant to the Section 69 of the County Court Act 1984 on the blalance claimed, from the dateof issue until judgment or sooner payment.

 

And the Claimant claims:

1. The sum of £xx,xxx.xx

2. Interest

3. Costs

 

Dated this 19th Day of June 2009

 

STATEMENT OF TRUTH

The Claimant believes the facts stated in this Amended Particulars of Claim are true. I am authorised by the Claimant to sign this Amended Particulars of Claim.

 

(signed by their sols (Irwin Mitchell))

 

 

So attached in the Appendix A is

 

Print out of my Cash Loan (identical to the one I requested in my SAR - page one has my personal details, name, address, amount of credit, credit, total charge of credit, total amount payable, instalment repayments, APR, Charge on Default, Service Account (area is blank), Destination Account. (area is blank) and on page 2 a print out of T&C's. There is no signature anywhere.

 

Also attached are a couple of printouts (first time I've seen these). Very basic information under the following headings (which are difficult to read as text is really bunched up close). I have typed out the first line only.

 

Cat Date Event Description Total Debt Book Debt

REV 09/11/2005 CCRM07 Defaults issued on a/c xxxxx.30 xxxxx.30

 

Total debt and book debt are different amounts.Book debt is £225 less than total debt.

 

If you need to see these printouts properly, please let me know.

 

Thanks everyone

x:)x

.

Edited June 20, 2009 by texanbar
inserted line spacing for easier reading

[yourbank]

Hey womble, great to hear from you too.

 

No I haven't received any documents at all regarding my personal loan. Just the 84 pages of statements from 13/01/2003 - 13/01/2009. I'm just trying to ascertain what charges I can claim back and if I can put all the interest charges that ranged from £50 - £70 per day?

 

I haven't let anybody look at the statements, maybe I should. How did you did yours?

 

I will wait until the very last moment to hand deliver my defence to the Courts just in case 'They' send me some more information.

 

Yes, I admit, the help on here has been first class - although the worrying and rollercoaster of emotions doesn't stop, at least you don't feel completely alone in the world!

 

I've subscribed to your thread womble so, will be picking up advice as you and I go along. Thinking of you and many thanks for your great advice x

 

x:)x

texanbar, did you receive any further data from natwest or just statements on the bank account jan 2003 to jan 2009? Apologies for joining late on this one.

[texanbar]

Hi yourbank, no apology required!

 

After receiving the 84 or so pages of bank statements, I did then receive a few extra pieces of data.

 

In response to my CPR 31.14 request, I did then (not at the same time as the statements) receive on 30 January 2009;

 

a) a letter from them saying they do not need to provide me with a 'true copy' of my agreement letter,

 

b) A Schedule of Arrears printout which shows missed payments to date

 

c) A printed out copy of the Credit Agreement regulated by the CCA 1974 of my loan agreement which does not show any signatures of either party anywhere.

 

Hope this helps, please shout if you need to see these.

 

Many thanks

x:)x

[yourbank]

am pleased I joined late, how about archived account notes going back to 1994. Furthermore, the FSA reminded all firms about data retention and I have an email from Group Customer Relations of NatWest stating that if asked they would supply the information back to July 2001. The archived notes themselves will provide interesting reading as well(make the SAR team aware if you have the reference number that you want further details). Glad I spotted this one albeit late

[texanbar]

That's very interesting yourbank. Can I use this information as part of my defence?

 

x:)x

[texanbar]

Sorry to bump but can somebody please help me as to what I should be sending back to the courts. The date to respond to the court is July 6th 2009.

 

Many thanks

x:)x

[stressed mum!]

Hopefully someone will come along soon, unfortunatley I have no idea what to do!!!

Keep bumping keep your chin up;)

[texanbar]

I know what you mean lol! At least we have each other... just got my little ones in from school. Don't know where the day goes! I wish all our financial problems would disappear - I know they will one day it just all this 'baggage' hanging over you every day isn't it? x

x:)x

[stressed mum!]

I know!! feels like I've only just dropped them off.

better get the tea on then write the Ratwest and Northern Rock another letter take care x

[Andyorch]

Hi Texan

Ok we have plenty of time to submit an amended defence. If you could highlight where you are with this ie docs recieved sent etc.Ive slept since we submitted the embarrased defence:D

 

Regards

 

Andy

[texanbar]

Hi Texan

Ok we have plenty of time to submit an amended defence. If you could highlight where you are with this ie docs recieved sent etc.Ive slept since we submitted the embarrased defence:D

 

Regards

 

Andy

 

 

Hee hee, no worries... I'll do this after tea if that's okay!

Many thanks Andy

x:)x

[womble72]

Hello Texan,

 

Sorry about not replying i have been busy.

 

Andy is a good with defences and i am sure he can do an excellent job(no pressure Andy)

 

The Ratwest have still not provided an original agreement for the loan then?

 

Womble:)

[GhostDebt]

Hi Texanbar.

 

If they can't provide the original agreement you need to consider the civil evidence act and the part about adduced hearsay evidence.

Andy will point this out as well I suspect.

 

Regards