NatWest Shoosmiths Court Action***Resolved***

[pt108271]

My partner and I have been running our own debt management plan following advice given by the national debt helpline.

 

We owe Natwest approx £10k for which Shoosmiths are acting on their behalf. We agreed a monthly payment with them and have been paying this directly to natwest. In fact payments were made for some months before the formal agreement was made.

 

Shoosmiths got all shirty as I refused to pay them. I prefer to pay the creditor direct so I can be sure the creditor receives the payment.

 

Shoomiths have just today issued a claim in the Northampton County Court.

 

I don't believe that I have done anything wrong in paying Natwest direct unless some can advise otherwise.

 

Can anyone advise how best to defend this. I believe we have behaved reasonably and have made all agreed payments on time.

 

Thanks for you help.

 

PT

Edited March 27, 2012 by pt108271
spelling mistake

[asokn]

What were the precise terms of the formal agreement and when was it made? Did you make each and every payment in the full amount and on time to Natwest?

[debbbbsy]

Hi

 

It all depends on whether the debt was assigned/sold to shoosmiths.

 

Can you post up the POC.

 

Debbie

[asokn]

It won't have become owned by Shoosmiths, they are the creditor's solicitors.

[42man]

You are right, you have done northing worng.......If you have an agreement and you are still paying it then you should defend the claim in full as you have the strength of 'promissiary estoppel

[asokn]

It depends entirely on the terms of the agreement, if they and the Particulars of Claim can be posted up that would help.

[pt108271]

Sorry, I should have responded before now no how this turned out.

 

I phoned them and talked to an adviser, something I would not normally do. I then got a supervisor to agree that the action was unnecessary as I was paying (they did not get confirmation from the back before serving the papers) and that did not actually take the papers into court. I have a letter saying they will not take the papers into court as long as the payments continue.

 

It ends well for once.

 

Thanks for the advise.

[Andyorch]

Hi PT

 

I would request a Notice of Discontinuance if the claim was lodged or check the court that there is no stayed claimed...just for your own peace of mind.

 

"Shoomiths have just today issued a claim in the Northampton county court"

 

Regards

 

Andy

 

Thread title amended