natwest - shakespear putsman - court date -so stressed.

[stuck03]

Hi, im back again......Just had a 'notice of directions hearing'.....What is this????

States...

 

TAKE NOTICE that the directions Hearing will take place on

Monday 14th May at 1030 AM

at Birmingham county court...address

When you should attend

15 Minutes has been allowed for the Directions Hearing

 

Please note: This case may be released to another judge, possibly at a different Court.

 

Does anybody know what this is??????

 

Thanks a x

[asokn]

A directions hearing is a procedural hearing where the judge will provide directions to take the matter to a final resolution. It is not a trial date and you should think about what you feel you need to do, and what you need the other side to do, in order to be ready for trial.

 

The judge will hear the parties and then make an order which will set out what needs to be done by each party in preparation for the trial. The directions hearing can also be used to narrow down the issues by striking put some elements of the pleadings or the judge may give some indication as to what he thinks the issues in the case are.

[stuck03]

TRIAL......I wanted to pay in instalments but the claimant wouldnt agree.....sounds frightening!!!! What should i be doing now????

[gezwee]

TRIAL......I wanted to pay in instalments but the claimant wouldnt agree.....sounds frightening!!!! What should i be doing now????

 

Oi oi stranger

 

Trial = hearing...... you've been there before, nothing to be frightened of

 

Gez

[gezwee]

Hi Stuck

 

From memory they attempted to enforce the terms to a tomlin which it seems they had no cause [incorrect party substituted NW/RBS]

 

It seems a long long time to decide on an alleged admin error, have you checked with the court to see if anything else has been filed from the other side prior to receipt of order?

 

Gez

[stuck03]

Hi i got a copy of my original consent order from the court...The incorrect party had benn crossed out in biro and changed for the correct claimant(Natwest). This come from the court......What is the idea of the Directions hearing......I see trial mentioned and have visions of having to stand in court with judge and jury.

It says 15 minutes....Is there anything i should be doing. I made my offer of payment last time and the claimants solicitor said no!! My circumstances havent changed that much. I could trealistically offer them a few pounds more a month but still not what they want!!!

[AndyOrch]

No judge or jury Stuck, small room table and chairs, its an hearing to discuss direction to enable how to progress and how the claim will proceed before its heard at the final hearing.

Trial is a word used as conclusion to the matter, nobody's on trial, only the claim.

 

Regards

 

Andy

[asokn]

It is not a trial

 

I'm not sure how much clearer that could have been really.

[gezwee]

Hi Stuck

 

Back to the directions hearing...... had a brief scan back through your thread, and best I can suggest at the mo is to go back over everything thats been before;

 

1. Loan account - who was the creditor, NW or RBS?

2. O/D ...... same as 1?

3. Name of filing party in original claim [NW or RBS]

4. Were the 2 accounts combined to one cause or were both stated separately in particulars

 

The change to consent by the court, surprisingly common for court staff to believe they can amend under the slip rule when they have no jurisdiction to do so.

 

Gez

[ims21]

Hi Guys

 

Surely the most important thing is to give the OP clear and objective advice which seems to have been done but using perhaps different words

 

I've taken down a few posts for no other reason than they do rather detract from the OPs issues

 

Back to topic please?

 

Many thanks

 

ims

[stuck03]

1. Loan account - who was the creditor, NW or RBS? (Natwest)

2. O/D ...... same as 1? (Natwest)

3. Name of filing party in original claim [NW or RBS] (RBS)

4. Were the 2 accounts combined to one cause or were both stated separately in particulars (2 account numbers listed in the Schedule with one total amount payable)

 

The change to consent by the court, surprisingly common for court staff to believe they can amend under the slip rule when they have no jurisdiction to do so.(Covering letter states

 

"RE: Case Number:000000 National Westminster Bank PLC V Defendant

 

Further to the lodgement of an application and consent order in the above matter, please find the approved order enclosed.

 

Yours sincerely

civil cerks - orders Section

 

The following 2 pages are my original consent order with rbs crossed out in red biro and replaced with natwest. A note in red above this states "Amended under CPR 17.1"

 

The next page is the copy of an application notice where is states " The claimant has permission to amend the consent order in accordance with the draft appeneded hereto because the original Claimant was misstated."

it mentions to be dealt with without a hearing.

The evidence set out is

1. The Claimant seeks permission to amend the consent order in the form annexed hereto.

2. The consent order stated the Claimants name incorrectly as rbs. In all other respects the order is unaltered.

Signed the applicants solicitor!

 

Hope this is ok. Thanks a

[gezwee]

Hi Stuck

 

Could you type up [or scan and attach] the original particulars of claim please

 

Seems like a right muddle tbh, Natwest accounts, RBS pleading, now wishing to substitute NW in consent.

 

Gez

[stuck03]

Hi Gez,

In the birmingham county court between Claim Number 00000000

 

The royal Bank of Scotland claimant

and

Mr........ Defendant

 

--------------------------------------------------------

CONSENT ORDER

--------------------------------------------------------

 

UPON the parties having agreed the terms contained in the Schedule hereto

AND BY CONSENT:

IT IS ORDERED that:

1) The Claimants claim be stayed upon the terms set out in the schedule hereto.

2) There be no order of costs between the parties in connection with this order.

 

SCHEDULE

 

1) The defendant will pay the claimant the sum of £00,000.00 by monthly payments of £260 in relation to Account Numbers 000000 and 000000 by standing order to the Claimants solicitors.

 

a) The first such payment to be made on or before 5.00pm on the 26th January 2010.

b) The payments thereafter shall be made on or befor 5.00pm on the same day of each month, until the liability to the claimant is repaid.

 

2) In default of payment under paragraph 1 above the claimant shall be at liberty to enter judgment forthwith for the full amount outstanding at that time with costs.

 

PAGE 2

 

Dated 27th January 2010

 

 

......................... ......

Shakespeare Putsman LLP

Solicitors

Somerset house

37 Temple street

Birmingham

B" 5DJ

 

Solicitors for the Claimant

 

 

This has now been altered to show Natwest instead of rbs as claimant!!!

 

Just a thought....it says no order of costs but i am sure they have added an extra £200 for their fee. Will check Monday!!!

[gezwee]

Hi Stuck

 

Its the original particulars of claim on the N1 that are of interest, do you still have the claim form?

 

You have to sort the wheat from the chaff;

 

a. Accounts with Natwest

 

b. No known assignment to RBS?

 

c. RBS plead the case with no cause [or did they plead the accounts assigned?]

 

d. Consent entered into with RBS in ignorance/naivety

 

e. Natwest seek to amend consent with no evidence of interest in the original pleading or assignment

 

Gez

[Ganymede]

I doubt any assignment has taken place. It would seem that Natwest should have been stated as the Claimant from the start but due to a mistake by the solicitor they put RBS.

 

The Defendant seems happy to have signed the Consent Order. They will need to show how they have been prejudiced by the correcting of the Claimant's name.

[gezwee]

I doubt any assignment has taken place. It would seem that Natwest should have been stated as the Claimant from the start but due to a mistake by the solicitor they put RBS.

 

The Defendant seems happy to have signed the Consent Order. They will need to show how they have been prejudiced by the correcting of the Claimant's name.

 

Gany

 

I have the same doubt, Natwest do not litigate, all proceedings are instructed by RBS........ where the claimant fails to show cause the particulars cannot be undone without evidencing the chain of assignment.

 

If its an error that cannot be undone the case fails

 

If the claimant wishes to replead on pre and post filing assignments they must apply and show evidence of the chain. It is not enough to request a slip correction.

 

From the logic of your post it would be acceptable for Santander to plead cases for Barclays accounts, 2 separate legal entities no cause without assignment.

 

Gez

[Ganymede]

Natwest are owned by RBS group though so not quite the same as your example although I see where you're coming from.

 

In any event if Natwest are the Claimant and should always have been stated as the Claimant then assignments are not relevant as it was a typo on the Claim Form by the solicitor that resulted in this.

[gezwee]

Hi Gany

 

A typo it may be, but the claimant is now seeking to amend by way of part 17 . No application having been made to substitute.

 

Gez

[asokn]

But what difference does it make to the debtor if it's simply a case of correcting the name? He can either erroneously pay RBS or correctly pay Natwest. As Ganymede says, what is the prejudice?

[gezwee]

Hi Asokn

 

At this moment in time, its a question of halting the enforcement of the consent order so that stuck can protect her position. The result would possibly be the same with RBS or Natwest as claimant but there is still the need to follow procedure.

 

I suppose it could be suggested that the prejudice to the defendant was the original non service of claim, misappropriated payments, non reviewable consent agreed to whilst under duress, costs attached to consent with no agreement in place to do so.

 

The hearing itself should afford the OP the opportunity to re-open the order and mitigate any future financial damage the banks counsel have caused in their failings.

 

Gez

[asokn]

 

I suppose it could be suggested that the prejudice to the defendant was

the original non service of claim,

misappropriated payments,

non reviewable consent agreed to whilst under duress,

costs attached to consent with no agreement in place to do so.

 

But none of those points are relevant to a change of name. If the OP is trying to just buy time though then I suppose kicking up a fuss is the best way to do it!

[stuck03]

Hi Gezwee

I never received an original claim form......I never filed any defence.....This is where a lot of the confusion began as i just agreed to the consent order with the sols as never knew any difference. I so wish i knew about this site at the beginning of all this mess!!! The first i heard was when i received the above consent through the post to sign. I never had anything prior from the court!!!

 

Asokn.....im not trying to buy time....i want this whole mess sorted as its a worry. From what i can make out they have a consent order for £15k plus.....i owe the loan just over 8k and overdraft around 2k as i had been paying it off until work situations changed. I am just petrified of getting a charging order and them trying to make me sell my house!!!

 

Cheers a

[gezwee]

Hi Gezwee

I never received an original claim form......I never filed any defence.....This is where a lot of the confusion began as i just agreed to the consent order with the sols as never knew any difference. I so wish i knew about this site at the beginning of all this mess!!! The first i heard was when i received the above consent through the post to sign. I never had anything prior from the court!!!

 

Asokn.....im not trying to buy time....i want this whole mess sorted as its a worry. From what i can make out they have a consent order for £15k plus.....i owe the loan just over 8k and overdraft around 2k as i had been paying it off until work situations changed. I am just petrified of getting a charging order and them trying to make me sell my house!!!

 

Cheers a

 

Hi Stuck

 

Was there any PPI on the loan?

 

Gez

[stuck03]

now now guys!!!!!!

 

no ppi!!

 

Dont understand anything else!!

[citizenB]

If anyone has an issue with another poster.. can they please private message the person with whom they have that issue.. try and sort it in private and not on the thread of someone looking for advice.. please !!!