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

[texanbar]

Hey Womble, great to hear from you. Hope you and your family are also well and your not too tired from all your work commitments.

 

Thanks for your kind message... we shall wait and see.

Warm regards,

x:)x

 

 

Hi Texanbar,

 

Hope you are well and hope you have a positive outcome.

 

Womble:)

[texanbar]

Good morning all,

 

Received another reply back from NW sols, marked Without Prejudice, stating that whilst NW may consider the agreed amount of £5k, they are not prepared to accept my monthly repayment amount of £22.00. The debt would need to be cleared within 60 months therefore they are looking for payments of £83.25.

 

Unfortunately, this is not something I could agree to at the moment because my husband has just had 25% pay cut and this is what I have left when I did my I/E sheet. I would hate to default the agreement.

 

Any suggestions or advice would be greatly received.

x:)x

[texanbar]

Wonder why the Sols letter are now coming via Sheffield instead of Manchester

 

I guess they could always reduce the debt amount so it does get cleared off in 5 years - wishful thinking!

x:)x

[Crapstone]

Good morning all,

 

Received another reply back from NW sols, marked Without Prejudice, stating that whilst NW may consider the agreed amount of £5k, they are not prepared to accept my monthly repayment amount of £22.00. The debt would need to be cleared within 60 months therefore they are looking for payments of £83.25.

 

Unfortunately, this is not something I could agree to at the moment because my husband has just had 25% pay cut and this is what I have left when I did my I/E sheet. I would hate to default the agreement.

 

Any suggestions or advice would be greatly received.

x:)x

 

Repeat your offer and remind them that should it go to court you will remain steadfast and the repayment amount is not up for negotiation as you will not enter into any agreement that you cannot maintain in the long term.

 

Add in that you will agree to the payments being reviewed 1/2 yearly and you will contact them should your situation improve and further funds become available.

 

They are just testing to see if you will up the amount offered but once they know you are sticking to your guns they should review their position.

[texanbar]

Morning all,

 

Okay, I decided to send NW sols a letter yesterday, giving them a final chance to send me a copy of my agreement which bears my signature, or to confirm it has been recreated from banking records. I also made them aware of the Fraud Act 2006 and they have 7 days to reply.

 

Until this is confirmed, I will not confirm any repayment proposals with them.

 

Will keep you all posted.

x:)x

[womble72]

Good Luck Texnabar!

 

Womble:)

[texanbar]

Dear all,

 

As of today not received anything from NW sols, however, the post delivered another letter from the court today (dated 8 September 2009).

 

IT IS ORDERED:

1. The Claimant will by 4.00pm 22nd September 2009 file and serve

(a) a true copy of the whole of the Agreement relied on which has been signed by the Defendant

(b) a true copy of the default notice

 

2. The Defendant will by 4.00pm 6th October 2009 file and serve a re-amended defence.

 

3. Any party affected by this order may apply to the Court to have it varied, stayed or set aside within 7 days of receipt of this order.

 

Dated 4 August 2009 (yes that is what it says).

 

 

Okay.... now the waiting game begins again!

x:)x

Edited September 9, 2009 by texanbar
fish fingers

[AndyOrch]

Dear all,

 

As of today not received anything from NW sols, however, the post delivered another letter from the court today (dated 8 September 2009).

 

IT IS ORDERED:

1. The Claimant will be 4.00pm 22nd September 2009 file and serve

(a) a true copy of the whole of the Agreement relied on which has been signed by the Defendant

(b) a true copy of the default notice Stand by the letterbox/phone then and check if not strike out

 

2. The Defendant will by 4.00pm 6th October 2009 file and serve a re-amended defence.Only if they comply to the above

 

3. Any party affected by this order may apply to the Court to have it varied, stayed or set aside within 7 days of receipt of this order.Good no chance of them varieing it then either

 

Dated 4 August 2009 (yes that is what it says).

 

 

Okay.... now the waiting game begins again! Still time to settle then your offer Texan was miles out I did advise you.Try not to be distracted by posters who know nothing!!

x:)x

 

Regards

 

Andy;)

[supasta1]

What a great court order, i wish the judge handling my case had wrote that.....

 

Looking good, well done to you and Andy!!

 

Supa

[texanbar]

Hi everyone,

 

I am still awaiting a copy which bears my signature from NW, however, today, I did receive a letter from their sols which says.

 

"

We write further to your letter dated 1 September 2009.

 

Please find enclosed a copy letter sent to the Court today, together with enclosures.

 

We are presently awaiting your response to our without prejudice letter dated 28 August 2009.

 

We look forward to hearing from you. "

 

 

The 'bundle' of paperwork they have sent to the court which I have been copied on include:

 

a) Letter to the Court which says:

We refer to paragraph 1 of the Court Order made on 4 August 2009.

On 19 June 2009, we filed and served Amended Particulars of Claim, which annexed a true copy of the loan agreement and screen prints relating to Default Notices served upon the Defendant.

 

A copy of the Amended Particulars of Claim is attached for ease of reference.

 

In the circumstances, we would be grateful if the Court could clarify whether any further evidence is required in respect of the Court Order made on 4 August 2009, as we believe that such Court Order has already been complied with.

 

We look forward to hearing from you. "

 

b) Amended POC (see post#88 )

c) Computer print out of loan agreement (no date, no signatures) (post #88 )

d) Screen prints/dumps (post #88 )

 

I take it the court order is left to interpretation by NW as they don't believe they need to find a copy which bears my signature

 

Anyway, thanks everyone for your support.

x:)x

Edited September 11, 2009 by texanbar
it put in smilies instead of number 88 !)

[AndyOrch]

IT IS ORDERED:

1. The Claimant will be 4.00pm 22nd September 2009 file and serve

(a) a true copy of the whole of the Agreement relied on which has been signed by the Defendant

(b) a true copy of the default notice

 

 

In the circumstances, we would be grateful if the Court could clarify whether any further evidence is required in respect of the Court Order made on 4 August 2009, as we believe that such Court Order has already been complied with.

We look forward to hearing from you. ":D

 

Killers arnt they Tex?

 

Andy

[texanbar]

Oh Andy, I just don't know whether to laugh or cry!

 

x:)x

[AndyOrch]

Oh Andy, I just don't know whether to laugh or cry!

 

x:)x

 

Laugh they are not worth tears;) They will either strike a deal or discontinue at the death the hole they are digging above is getting very deep:cool:

 

Andy

[texanbar]

8 days left and counting ...

 

x:)x

[texanbar]

okay... down to 4 days and counting (depending on postal strikes of course) .

 

x:)x

[texanbar]

Okay... I know I might be tempting fate here, but IF I don't receive a copy of the agreement which bears my signature by 4.00pm on Tuesday, what exactly do I do.

 

I'm guessing, I telephone the courts to ask if the same has been submitted.

 

And then do I put it in writing to NW sols and the courts that I wish to have the judgement set aside?

 

3 more sleeps left (as my little ones would say!)

x:)x

[AndyOrch]

Not set a side they dont have it yet you apply to strike out the Claimants case for not complying with the Dj Order of xxxxxth.

 

Regards

 

Andy

[texanbar]

Oh I see, okay thanks Andy, that's cleared that up for me. I take it I put that in writing to the courts?

 

 

Thanks,

x:)x

[texanbar]

Not received anything in today's post, so will be waiting by the letterbox tomorrow and the phone at 4.00pm.

 

Wish me luck everyone!

 

Andy, could you possible advise what I need to put in writing to the court to have claim struck out. Many thanks

x:)x

 

1 more day left!

[AndyOrch]

Not received anything in today's post, so will be waiting by the letterbox tomorrow and the phone at 4.00pm.

 

Wish me luck everyone!

 

Andy, could you possible advise what I need to put in writing to the court to have claim struck out. Many thanks

x:)x

 

1 more day left!

 

Hi Texan

 

Normally this would be requested via an Application Notice (N244) however this would cost you more expense.In this instance i would advise you to on the deadline, phone the court and see if anything further as been furnished and if not as per the DJ orders dated xxth request a Strike Out of the Claimants case.They may tell you that you need to make application but in this instance i feel you are just seeing through the DJ order and making sure he follows it through!!without further application.

 

Regards

 

Andy

[texanbar]

Right you are... thanks Andy, okay, I'm all set now, roll on tomorrow

 

x:)x

[AndyOrch]

Fingers crossed for you Texan( although im sure nothing further will be presented as per their last letter they think they have coplied)

 

 

Andy

[lmrn37]

Good luck texan

[moneydragon]

Hi Texan

 

I have been following your thread with interest as I too am having a battle with NW.

 

Here's hoping no post for you tomorrow

 

md

[texanbar]

Good morning everyone,

 

I just thought I'd put down the number of requests I have made to NW and their Sols to provide me a copy of my agreement which bears my signature since they started their claim.

 

I am hoping to advise the courts exactly this as well.

 

 

05 Jan 2009 - Claim started

 

07 Jan 2009 - CCA request pursuant to s.77/78 made

 

07 Jan 2009 - CPR 31.14 request made

 

09 Jan 2009 - SAR request made

 

01 Sep 2009 - Final request to their sols to send copy of agreement or to

confirm they have recreated it from banking records (no response)

 

08 Sep 2009 - DJ orders NW to file and serve true copy of the whole of the Agreement which has been signed by the Defendant (me) by 4.00pm 22nd September 2009 (today).

 

22 Sep 2009 - Still waiting for post... will keep you all updated.

 

Thank you all for your wonderful support. I would never have come this far without you (especially Andy, Paul W, Womble) to name a few.

 

x:)x