Natwest court papers recieved. Help needed please

[gem77]

Well here we go again. Today the postie kindly brought me some court papers from northampton for our natwest account overdraft.

 

I must admit i foolishly sat on this debt as i had more important ones to sort out and as this one wasnt as old as some of the others thought i had a bit more time and it was on my agenda to sort out next.

 

it is for just over £5000 but there are charges on it although how much i am not sure. The poc are as follows:

 

The claimant's claim relates to outstanding bank accounts maintined by the defendant with the claimant as follows:

sort code/account no net amount

 

 

The claimant is the holder of a licence under the consumer cgredit act 1974. The claimant has made demand/issued default notice in respect of the outstanding accounts. the defendant has failed to repay and/or the default notice has not been complied with. The total amount outstanding set out above includes accrued interest at the relevent agreement rate (contractual) from the date of demand/termination date to the date of issue. and the claimant claims

1. £****.** 2. Costs

3. interest pursuant to section 69 of the county courts act 1984 until judgement.

 

 

 

 

I am going to dig out all the letters they have sent me to date. but what should be my next step as im not sure i have a case to defend?

 

Many Thanks

Gem

[rebel11]

Hi Gem

 

Wait for the guys to advise, but have a read of http://www.consumerwiki.co.uk/index.php/DCA:_Using_CPR_31.14_to_Your_Advantage

[gem77]

can anyone give me a bit of advice please.

[gem77]

Think I may just hold my hands upto this one as not sure how I would be able to defend it and my last experience in court there was no getting away without a ccj. so can any one advise me what would happen if i admit liability and send them my I & E and give them an amount i will pay each month. I know the chances are another ccj will go on my record but am i likely to still have to attend court?

 

Please please if someone can help me i would be so greatful. running out of time to get this in.

[payingonlyencouragesthem]

Think I may just hold my hands upto this one as not sure how I would be able to defend it and my last experience in court there was no getting away without a ccj. so can any one advise me what would happen if i admit liability and send them my I & E and give them an amount i will pay each month. I know the chances are another ccj will go on my record but am i likely to still have to attend court?

 

Please please if someone can help me i would be so greatful. running out of time to get this in.

 

Do they have a signed overdraft agreement? How long ago was this account opened? When did you last make a payment into this account? Was it ever a joint account? Are NatWest suing you themselves or are they using a debt collector / solicitor, if so who is it? Depending on the answers to these questions it may well be possible to avoid a CCJ here. If you admit it at this stage it's probable that you will just get a default CCJ entered against you with the court ordering you to pay in line with your i&e so there's nothing to lose by exploring all avenues.

[gem77]

Think the account was opened about 2 years ago so i would expect they have the signed agreement. It is a joint account. Last payment was about christmas time last year. It is a solicitor on behalf of natwest i think. INCASSO LLP. Does this all help at all?

[The Mould]

Think I may just hold my hands upto this one as not sure how I would be able to defend it and my last experience in court there was no getting away without a ccj. so can any one advise me what would happen if i admit liability and send them my I & E and give them an amount i will pay each month. I know the chances are another ccj will go on my record but am i likely to still have to attend court?

 

Please please if someone can help me i would be so greatful. running out of time to get this in.

 

Good evening Gem

 

I agree (and always advise) that there is no point in defending a claim if you realise that there is no defence to such, no point in increasing one's liability, however, can you post up the Default notice or the details thereof.

 

Kind regards

 

The Mould

[gem77]

Thanks The mould. Thats what I thought especially as when i defended last time for a cc debt the judge made it clear that he would not accept no signed agreement or default timelines as an excuse to avoiding debt. ( Not that i was doing that I was just trying to stop getting a ccj) And as i had the debt even though i had a monthly payment plan set up they were in the right to be awarded the judgement. Thats why I thought this time there was no point trying to defend to be told exactly the same thing and may be i wont have to go to court if i agree a payment plan with them with the court papers.

[payingonlyencouragesthem]

You might want to ask Incasso if they would accept a Tomlin Order. This boils it down to a court overseen admission of the debt with a payment agreement that must be adhered to but no CCJ is registered unless you default on the payments. If you Google around this site you'll find out more about these orders and hopefully find someone who will help you draft the order if you go down that route. It will also stop interest being added.

[gem77]

Ok I have filled in the N9A forms ready to post to Incasso but i have also found the default notice you asked for the mould so here it is.

 

Formal notice of intention to file a default and to take action to recover the debt.

Please note that unless within 28 days of the date of this letter, satisfactory payment or arrangements for payment are made with trhe bank, in response to the attached default notice, information about your indebtedness will be given to the following credit reference agencies,

callcredit

equifax europe limited

experian limited

etc etc

 

The actual notice is as follows

 

Notice served under sections 76(1) and 98(1) of the consumer credit act 1974

 

IMPORTANT YOU SHOULD READ CAREFULLY

National Westminster Bank Plc

Address

our names and address

Overdraft on account Number: ********

Your overdraft is repayable on demand being made by the bank; and such demand will terminate the overdraft arrangement. The bank intends to demand payment of the total amount outstanding as set out below (if necessary by court action) and accordingly terminate the overdraft arrangement on or after 04 July 2011 unless by the date you have made an alternative arrangement for repayment which is acceptable to the bank.

Principal £****.**

interest to the date shown above £***.**

total amount outstanding £****.**

Principle includes the £30 fee charged for this notice which will be applied to the account before the date shown above.

Interest will continue to be applied to the account and the total amount outstanding will increase accordingly, if payment is not made by the date shown above.

 

The front letter is dated 15th June.

I must admit i had missed this as it was all around the time i was in and out of hospital having big problems with my pregnancy so my mind was else where rather than on letters from banks and creditors.

Dont know if any of this changes anything but let me know if it does. Going to post the N9A forms tomorrow afternoon special delivery as I have relised the papers actually to over a week to get to me so they need to be there by wednesday at the latest. Thought i had till friday at least.

 

If anyone could advise me before i go to the post office tomorrow afternoon that would be great.

 

Many thanks

Gem77

[gem77]

Oh one other thing that has miffed me a little as the creditor i had the other ccj with did the same. Is it common practice for them to wait for the charges and interest to add up to take it over the £5000 mark so it cant go as a small claim? Just wondered coz when this default notice was served it is £400 lower than on the court papers so below the £5000 mark. really does seem like they have waited for it to go over £5000 then when it did issued it to court. seems a little unfair to me but then why doesnt that suprise me!