Natwest/Shoosmiths Court Action

[AndyOrch]

So you have input your defence and not submitted a counterlaim?

I wouldnt concern yourself with what they have not supplied if we get to AQ stage you can propose Directions for them to disclose.if you have the bulk of your statements then I am a tad suprised you have not entered your C/C via MCOL

If you are going to make a claim against them, you really should do it during these proceedings. Always better to be on the receiving end of a claim, than have to pay all the fees if you issue one! Also, the burden of proof rests with the person who raises the claim, so in essence, the Claimant must prove everything they have asserted in their case, which you can use to scrutinise and pull their case apart! It's true that your case is much much easier to deal with if you are the Defendant!

 

Regards

 

Andy

[stressed2009]

Oh no! I assumed I would have a chance to put in an amended defence when Natwest revise the particulars of the claim, and counter claim then? Is this not right? Maybe I misunderstood what I was being told.

Post by Caro "I see that you have put in a CPR request as you don't have all the information at the moment. I suggest that if you aren't ready to do the counterclaim now, you apply to amend your defence if and when you get that information and add the cc then."

 

I need to concentrate the stress over my job is making me far too stressed that I cant deal with this as well as I'd like

 

Is there any way I can put it in now? I am guessing not

Edited June 22, 2009 by stressed2009

[AndyOrch]

Stressed dont get stressed;)

 

Yes you can put in an amended defence and C/C during procedure its just that its so easy to input at time of submission on MCOL.You can recheck the screen and see if it as locked or will allow you to input the CC also but dont leave it too long,if it wont dont, worry you can do it manually also.

Stop stressing;)

 

Regards

 

Andy

Edited June 22, 2009 by Andyorch

[stressed2009]

LOL I know. Just been told I will find out the decision if I am being made redundant on Wednesday afternoon.

 

Its too late cant access the screen anymore. I will just have to put in an amended defence and CC when the time comes.

 

I need to stop stressing its not good!

[caro]

The main thing is that your defence was in on time so now you have some breathing space to deal with other matters.

 

Fingers crossed for Wednesday.

[stressed2009]

Right well i did get made redundant but at least I got some redundancy money to keep me going a while.

 

I have heard back from the solicitors who say they are waiting for instructions from their client. The date I had to have my defence filed by was Monday 22nd June 2009, so do they have 4 weeks from this date to reply?

 

J

[AndyOrch]

Hi Stressed

Sorry to hear about the redundancy.

 

The Claimant as 28 days to respond failure will place the claim in a stay position.This will remain until the Claimants wish to proceed and have to pay to do same.How long wil the stay remain well it varies depending on how good your defence was,have they got all the documents to enforce etc, if the stay continues longer than a reasonable period you can make application to strike the Claimants claim out but at a cost to yourself.If however they proceed within a reasonable time frame then you will recieve an AQ (Allocation Questionnair)this transfer the case to your local CC and yourself and the Claimant have to complete and submit to enable t the DJ dealing with the claim to proceed and allocate track etc.

Sit tight for now untill the above happens if at all.

 

Regards

 

Andy

[supasta1]

Best of luck to you stressed, i too am going through a claim with nastywest for loan and overdraft. I did a simple embarressed defence like you and then added the counterclaim when i amended my defence. They have now asked the judge to stay the overdraft part of the claim and my counter claim until the outcome of the test case which is ok by me. Just the loan to worry about now which they have no credit agreement for... anyway, i shall keep my fingers crossed for you! Hope everything works out for you, sorry to hear about your job!

 

Best regards

 

Supa:)

[stressed2009]

Right, its now well over the allocated time they get to respond. What do I do now? Do I carry on sitting tight?

[stressed2009]

And still not received ANYTHING at all from my CPR request either!!

[supasta1]

Have you rang the court to see what the situation is? It would appear to be stayed! With regard to getting them to send you further information, i had to send two CPR 31.14 chaser letters basically saying that you have not responded with the required info, you have seven days to correct this or i shall inform the court etc etc on the second chaser letter which i sent immediately once the seven days were up i explained that if they did not respond this time that i would make an order to the court for strike out because of non compliance and would seek the costs of this back from themselves, this seemed to wake them up as i then received the information although it was just a re constructed agreement, which was fine with me as it is completely unenforceable!

 

Keep positive....

 

Supa

[stressed2009]

I spoke to the court this afternoon who have not had any response to the claim is stayed currently.

 

I will send a chase up CPR request tomorrow recorded so they receive it first thing on Monday.

[AndyOrch]

Wouldnt bother to be honest Stressed, their case as been stayed due to the non-response of the Claimant to your defence.If they are not in hurry why should you,longer they leave it stayed and not respond to your CPR the better for you.IMHO

 

Regards

 

Andy

[stressed2009]

What happens if they do respond and decide to continue, should I leave it until I hear from them before i chase it up? Will I get the time to chase them and remind them of non-complicance before it gets to a court?

[supasta1]

i would follow Andy's advice Stressed! If they haven't responded then they probably realise they have not got a case and you are not going to just roll over. You may never hear from them again and if they do continue you will get the chance to get the information you require do not worry about that. Just try to forget about them, if they do come back then just update the thread and i am sure Andy and co will give you the advice you need..... Keep smiling

[stressed2009]

Right, they have finally sent me some information. This includes a copy of a credit agreement, a copy of the loan account statement, and statements from our joint account. There is no sign of the default notices.

 

Please see below link for documents received.

http://s865.photobucket.com/albums/ab212/worriedmissymoo/

 

They have asked that we sign an enclosed Consent Order (which actualy has someone elses details and claim number on!)

 

What do I do now?!

 

HELP!

Edited August 23, 2009 by stressed2009
added link to scanned docs.

[stressed2009]

Also, just noticed on the CCA the box for loan protection insurance does not have signatures for both parties and the box is not ticked?! Does this make a difference?

Edited April 5, 2010 by stressed2009

[stressed2009]

Can anyone help?

 

Thanks

[supasta1]

Hi stressed, i think you should press the red triangle and get someone with legal knowledge to look through your agreement to see if there are any flaws. Who has signed for the PPI, you or them? Also can i ask what the date is that this agreement was taken out on?? I would guess that if the PPI box is not ticked then it should not be added? I would not do anything until you have had some more advice here.

[stressed2009]

Hi

 

The agreement was taken out in June 2005. I would have thought for a joint agreement there should have been signatures for both of us and the box ticked?

 

Sorry but where is this red button for legal help!? I really need advice.

 

Could have done with the default notices as well

 

Thanks

 

Stressed

[supasta1]

Hi Stressed,

 

The red triangle is on the bottom left of every post. Red triangle with an exclamation mark in the middle. I have pressed it for you so help should be on the way soon.

 

I agree you really do need to see the default notices aswell.

 

lets see what advice the site team can give you.

 

supa

[stressed2009]

Thank you very much!

 

Do you think I can buy myself some more time by sending a letter today advising another letter will follow within 7 days?

[supasta1]

Yes i would definately send them a letter saying that you acknowledge their letter but you need more time to respond as you are seeking legal advice.

 

You could even send a copy to the court so they know what you are doing.

[AndyOrch]

Hi Stressed can you post up details of the Consent Order less details which are not yours:)

 

Regards

 

Andy

[stressed2009]

I don’t have access to a scanner at the moment but it says:

By Consent

It is ordered that:-

• Proceedings be discontinued
  
• Both parties bear their own costs
  

Then there is space below for Shoosmiths and other person to sign.

Obviously this is not relevant to us, as the letter from Shoosmiths states they are continuing to claim the balance in their original POC.