Barclays Claimform on A personal guarantee business overdraft ***SET A SIDE***

[elsinore]

Hi SW.

 

The judge was referring to the Civil Procedure Rules, Part 14, and the forms you have are correct.

 

http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/procedure-rules/civil/contents/parts/part14.htm

 

Els

[skywalker1010]

Thanks elsinore, but I am still confused

 

I have filled in form N9A which basically says I agree to pay the full amount, but I propose installments after setting out my income/expenditure in that form.

 

As far as I can see that is the only form, the N245 seems for something else. I read the link you kindly posted but it does not say what forms, it just explains the process.

 

I am just worried I may lodge something which gives Barclays a chance to overturn?

 

Thanks

 

SW

[elsinore]

Hi SW,

 

Form N9A is an admiission and a statement of income with an offer of repayment.

 

Form N244 is formal application to the Court to accept what you have offered in N9A.

 

You are duplicating some info but that's the way the Court wants it! (CPRs)

 

Els

[skywalker1010]

Hi Els,

 

Thanks for that ;o)

 

I called the Court and said I was a bit confused, someone there who actually pulled the file said that the N9A was enough with a covering letter, so I sent those two via registered post to arrive tomorrow AM.

 

I will sort out the N244 now and send that tomorrow the same way, it was as you say confusing that there was a duplication of info on both forms.

 

But better be safe than sorry.

 

Thanks again

 

SW

[Muffintop]

What happened with this, this is my situation at the moment and not getting much advise from people who have experience in this area, we DID TAKE a secured loan to cover the business overdraft just before company was disolved and its been disasterous as husband was guarantor and now its in court with a suggestion of a charging order, we doo have a ltd business or did.. I could really do with anything you may be able to share with me on my thread,

Misrepresentation is only defense I have at moment. If you cant find my thread I can post you a link or anyone else who will look at our indemnity guarantee which i dont think is covered by cca

[Muffintop]

here it is Re: Imminent Charge on property Lloyds bank Business Loan pse help someone... I have posted the agreement,

[Muffintop]

We had just the same an indemnity guarantee and my husband signed it! which has now left us with his company disolved and him liable for the debt well us liable for the debt as its in court now with a proposed charging order. I am subbed and frantically reading your thread over and over to see if I can get some advice for myself too as my thread a lonley place. Re: Imminent Charge on property Lloyds bank Business Loan pse help someone...

[The Mould]

We had just the same an indemnity guarantee and my husband signed it! which has now left us with his company disolved and him liable for the debt well us liable for the debt as its in court now with a proposed charging order. I am subbed and frantically reading your thread over and over to see if I can get some advice for myself too as my thread a lonley place. Re: Imminent Charge on property Lloyds bank Business Loan pse help someone...

 

Hello Muffintop

 

I am going to have a read through of your case, thank you for the link, if I see something that you have reported on your case that may help your defence, I shall let you know without any delay.

 

Kind regards

 

The Mould

[The Mould]

Muffintop

 

I am afraid to say that the link does not work, I shall try and find your thread/case by another means.

 

Kind regards

 

The Mould

[DonkeyB]

It’s here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?306013-Imminent-Charge-on-property-Lloyds-bank-Business-Loan-pse-help-someone...

[Muffintop]

just one question on this as in same situation with my thread and situation.... if a company disolved as is this case and mine.. legally i thought we could have no dealings with the company as its with the administators so how could we challenge the bank charges fromt he company that was ltd company and disolved.

[Muffintop]

i would like to see the agreement please you can pm me if you like

[Muffintop]

Muffintop

 

I am afraid to say that the link does not work, I shall try and find your thread/case by another means.

 

 

 

The Mould

my thread can be found if you go to http://www.consumeractiongroup.co.uk/forum/showthread.php?306013-Imminent-Charge-on-property-Lloyds-bank-Business-Loan-pse-help-someone...

 

im so grateful that i have found this thread skywalker we have lots in common

Edited May 26, 2011 by cerberusalert

[Muffintop]

fantastic news just got to the bottom of your thread, i only hope i can get the same support you have had, this is what cag is all about

[skywalker1010]

Hi SW,

 

Form N9A is an admiission and a statement of income with an offer of repayment.

 

Form N244 is formal application to the Court to accept what you have offered in N9A.

 

You are duplicating some info but that's the way the Court wants it! (CPRs)

 

Els

 

Hi Els,

 

Sorry to be a pain, but the form I did not fill in was N245, you have now mentioned N244 is the one I need to also send off. Is yours a typo?, if it still is the N245 please let me know.

 

Muffintop, hi,

 

Thanks for the details and PM, I will respond to that shortly, hope anything I know can help you also.

 

Thanks

 

SW

[skywalker1010]

Called the Court again a few moments ago and a lady went through the file and told me that the official Order will be coming out to all parties soon. But they recieved this morning my N9A and covering letter and that is all that is needed, blimey I am confused.

 

But at least the Court has confirmed verbally all is in order my side...... just been a bit paranoid. The brief was so going nuts that I am sure they would love anything to screw up my Set Aside

 

SW

[DonkeyB]

They don’t like it up ’em, captain!

[elsinore]

Hi Els,

 

Sorry to be a pain, but the form I did not fill in was N245, you have now mentioned N244 is the one I need to also send off. Is yours a typo?, if it still is the N245 please let me know.

 

 

 

 

Hi SW,

 

My apologies, it wasn't a typo, I just misread your post (memo to self - take more care!).

 

I see why you were confused now. The N245 is only appropriate if an order has already been made.

 

Perhaps the court gave you the forms as an either/or option. Anyway, I'm sure you'll be OK. Courts are forgiving of LIPs.

 

Els

[Muffintop]

hi, i have just submitted a n244 I thought it was for a request for something, ie a stay or permission to ask for something,, in my case to file late defense.. costs 40.00

[skywalker1010]

Quick update folks.

 

Claimant has rejected my £150/month payment plan submitted to the Court in my N9A

 

Spoke with the Court yesterday to get this info and they said it was being passed to the Court again for them to determine if this amount is fair or to set an increased amount. That really was the best I could do under present circumstances. So the claimant can either agree with the Court or set another date to contest, apparently I can ask for a Court nearer my home?

 

The Court official did say they were two weeks behind all paperwork. But I did say that even after the Set Aside the CCJ was showing on my Credit File, she said it may be that Equifax had not updated this yet as she did say that it should not appear.

 

With a £31K defecit, is it worth a punt on £10K again Full & Final. Surely the claimant must feel that to get this resolved, this must be the best way, or are they just wanting blood now

 

SW

[Cadbury1879]

Hi Sw

Definetly worth a punt, they have rejected your very fair offer, because they wish to control this situation and potentialy apply for the C/O. Keep fighting, and obtain a instalment order from the court within your means.

They will then have exreme difficulty in gaining, there aims.

 

All the Best

Cad

[Muffintop]

I think worth a punt too, start low then you have somewhere to go to..yes you can asked for it to be transferred to your local court. I requested this for ours and its coming over.. watching with interest as we are just behind you. Only thing holding our court case at the moment is we made official complaint to bank and they have to respond fully within 8 weeks, will prob then go to fos and extend the complaint a little longer

[Cadbury1879]

Any update?

Cad

[skywalker1010]

Hi Cad,

 

I am due in Court again tomorrow, to have the judge decide what I can pay. The claimant really has clammed up, so I wonder if I could propose a F&F in Court?

 

Just plead that need to get on with things and a £10K amount I can have lent to me to bring everything to a close is possible.

 

Glad to hear your case is moving along Muffin, sorry I have not been able to lend a hand, I am really bumbling along myself with the great help of much more knowledgeable others.

 

I will report back tomorrow PM.

 

Skywalker

[skywalker1010]

Hi Cad,

 

I am due in Court again tomorrow, to have the judge decide what I can pay. The claimant really has clammed up, so I wonder if I could propose a F&F in Court?

 

Just plead that need to get on with things and a £10K amount I can have lent to me to bring everything to a close is possible.

 

Glad to hear your case is moving along Muffin, sorry I have not been able to lend a hand, I am really bumbling along myself with the great help of much more knowledgeable others.

 

I will report back tomorrow PM.

 

Skywalker