Natwest OD CCJ , now trying for CO **WON,** - what do i now pay?

[sleepingdog]

Does anyone know if you can aknowledge papers online and then send defence in via post or once aknowleded online you have to send defence in online?. Also if debt is around £750 and you defend will case be heard in local county court or is it dealt with differently?. Any help welcome

sleepingdog

[the_shadow]

Does anyone know if you can aknowledge papers online and then send defence in via post or once aknowleded online you have to send defence in online?. Also if debt is around £750 and you defend will case be heard in local county court or is it dealt with differently?. Any help welcome

sleepingdog

 

Yes to acknowledge online

Yes to still sending by post even if acknowledged online

Yes to being heard in small claims in local court

 

If you need help with the claim you'll need to post up details of what the debt is for, who is taking you to court (on the court papers) who if different the original creditor is and any pertinent history with the account/agreement/debt.

 

Also typing out the Particulars of Claim would help minus any personal info though.

 

S.

[sleepingdog]

Thank you shadow for great information, the post was for general infomation only .I have a few posts running regarding specific court cases and your information will help in all of them.

sleepingdog

[sleepingdog]

Hi everyone , I had a overdraft with natwest in my own name and another in joint names with my wife. When I got into financial difficulty natwest took my to court for the total of both accounts and got a ccj against me which I pay monthly without any problems , now 2 years on my wife has got DCAs chasing her for the full amount of the joint account. Surley as Natwest have already taken court action and got a CCJ for the account I would have thought that was the end of the matter. Can natwest chase my wife for the money even though a CCJ exists or are they just trying it on?

any thoughts would be most welcome.

sleepingdog

[PGH7447]

if the ccj was for both then the dca's and shatwest should not be chasing, tell em to sod off

[BankFodder]

They are trying it on. Complain about them to the OFT and to trading standards. Also begin a complaint to the Ombudsman.

 

have you thought about claiming any charges?

 

It is likley that you have paid charges on the account. Why don't you find out how much they are? You may even have enough to go back to the court and get the judgment setaside.

[sleepingdog]

Thank you both PGH7447 and bankFodder , yes there was a lot of charges on the accounts and along with CAGs help I was able to put the amount on court papers and found out just as I entered court that natwset had reduced claim by that amount .I was also helped by CAG when natwest tried to get charging order for same judgement.

 

By the way the DCA is regal credit consultants and I notice that they have tried it one with at least 1 other cagger yesterday , doesn't look like they will be having much joy as more and more debters are getting clued up thanks to this site.

sleepingdog

 

Letter in post to regal ( guess they will drop this one quick),will soon be followed by letter to nat west and phone calls to TS and letter to OFT complaining of Nat west's activities , I might even send Nat West's solicitors a letter to, after all the more time and money they spend answering my letters the less time they will have chasing other debts lol.

sleepingdog

 

On speaking to T/S then onto Consumer direct they suggested a call to Nat West before further action as it could be administration error. Well call to Nat West's credit management centre found that they are going to 'actively pursue your wife for full amount of jointly liable debt' when the question was put to them of how were they going to put on POC the debt has already been judged the lady stated that the will not be going to court . I thought that Nat West couldn't sink any lower but it has in my opinion well the news for them is that after 3 years of DCAs chasing me I have learnt a lot and with caggers help have got costs against them many times now I guess I shall be having a lot of fun at Nat West's expense ,let the party begin LOL.

sleepingdog

[sorrylittlelot]

Whooopa!!!

[sleepingdog]

On another note , Natwest put my name only on all paperwork involving both accounts towards the end including default notice, termination notice then court papers . My wife only found out about the termination of account and CCJ recently . Have NatWest acted correctly in not informing her of the accounts troubles and was the account defaulted and terminated properly by missing off her name ?.

[sleepingdog]

Hi all , I had a Court claim for around 6K regarding a few bank accounts owed to Nat West , this included around 2k charges. Nat West went for the 4K and left the 2K charges subject to the ongoing OFT v Banks charges case at the time. Now we all know the case went in the banks favour but how do I stand now. I have a CCJ for around 4K that I have been paying off in installments yet when I ask Nat West for a updated figure they always state the full debt (6K) minus any payments I made towards CCJ. If I was to pay the CCJ up (4K) could they get another CCJ against me , because the charges were part of the origonal claim that I admitted could they just state that I had admitted debt so the 2K should be added to CCJ. any thoughts ?

sleepingdog

[sleepingdog]

Hi all just bumping this post for all you daylight posters to browse and hopefully comment.

sleepingdog

[AndyOrch]

In a word NO because the 2k element is either stayed or separated from the original claim.

What figure did it state on your judgment 4K?

 

 

Andy

[sleepingdog]

Hi Andyorch , thanks again for your help. The CCJ was for 4K only but the origonal claim was for around 6K.

sleepingdog

[sleepingdog]

Have to go to work now but will be on tomorrow AM again

sleepingdog

[AndyOrch]

I would check the details of the CCJ, judgment was made for 4K, if there is no reference at all to the extra 2k

then obviously the Claimant will have re pleaded and changed the claim and P.o.C to reflect just the 4K.

If there is no reference to the remaining 2k the claimant would have to issue fresh proceedings just for the remaining balance.

If they fancied their chances that is.

 

Andy

[debbbbsy]

yet when I ask Nat West for a updated figure they always state the full debt (6K) minus any payments I made towards CCJ. If I was to pay the CCJ up (4K) could they get another CCJ against me

 

Okay, once you have repaid the £4k, your CCJ is satisfied.

 

They would have to instigate a new claim for the outstanding £2k. But although the OFT didn't really win, you can still challenge bank charges under the 'Unfair Terms & Conditions'.

 

If you really want to establish what is going on with this account, you could do a SAR.

 

This goes to the banks Data Controller, not the recovery department.

[sleepingdog]

Hi Andyorch and debbbbsy ,thank you both for your replies ,they have put my mind at rest and will allow me to concentrate on other pressing debt matters .

sleepingdog

[sleepingdog]

Hi all on here, I have a slight problem regarding an old CCJ.

 

Firstly a well known bank took me to court and got a CCJ against me around the time of the court case concerning charges.

 

 

I had admitted the debt minus the unfair charges and the CCJ was for that amount only awaiting the outcome of the London unfair charges case.

 

A year later

I got another court summons in the post as the banks solicitors wanted to change the CCJ to forthwith to allow them to get a charging order on my house.

 

 

I defended this and even got costs awarded against them as I had always paid the instalments on time and my financial circumstances had not changed.

 

 

On this occasion the amount claimed for on the paperwork corresponded to that awarded on the previous CCJ .

 

Then many years later the solicitors wanted me to increase the payments

and I noticed that the total amount increased to include the full amount claimed in the first instance ,

 

 

I contacted them and over the phone they saw what I was stating was in fact correct and that they would look into it,

 

 

now after another 2 years I see that they are still using the higher amount that was claimed and not the amount awarded on the CCJ.

 

the questions I have is

could the CCJ have been increased to include the unfair charges without my knowledge. NO

 

If not could they now take me to court for the unfair charges to be added

or take out another action to get a separate CCJ for the unfair charges. NO

 

Any input on this matter would be helpful.

Sleepingdog

Edited February 29, 2016 by dx100uk

[renegadeimp]

Which bank was it. Which sols. Who did the sols say they were acting for.

 

You only pay what the court told you to pay. Don't go getting bluffed paying more. You can always contact the court to see the current payment details

[citizenB]

What ever amount on the Judgment order is the amount you have to pay.

[sleepingdog]

Thanks for replies,

bank is nat west or Royal bank of Scotland as on claims form.

 

 

Solicitors who represented them and also collect all monies is Irwin Mitchell.

 

Question is

can they amend CCJ or can they take me back to court for the additional amount that was on original claims form

,the amount I defended over unfair charges.

 

Sleepingdog

[renegadeimp]

They can amend it but there's a process which includes going back to court ,

you giving your financial info and the court ordering a payment plan.

 

 

Looks like none of this has happened from your info

so keep paying what the court said in their original order.

 

 

It's common for solicitors to try and increase what you pay outside of a court order.

[sleepingdog]

The subject of the unfair charges was never concluded as the unfair charges case was ongoing at the time.

I was not sure that as the unfair charges case in London resulted in the fact that banks were able to add the charges

as they were deemed fair then would that amount just have been added on by the court at a later date.

Sleepingdog

[sleepingdog]

Can they apply to amend this at any time, the original CCJ is around 8 years old ,or is there a time limit.

Sleepingdog

[citizenB]

I think if they had the opportunity to add the charges to the original claim at the time then they would not simply be able to add these to the claim now. They will need to issue a fresh claim. I would think also that they might be told that they should have done it with the original claim.

 

IMHO, I would write a letter to the solicitors/bank, whomever is attempting to add more money to the debt and ask them what they are playing at ?

 

I think you should head your letter Formal Complaint. If you do not get a satisfactory response, then you might want to escalate your claim to the Ombudsman.

 

You could send a Subject Access Request - this might identify what they are playing at. I am not quite sure if you can ask the court what is going on. I will ask for you.