Help with filling out N510 Out of Juristiction Please

[ITmanrichard]

Hi there

 

I live in England and need to take the Bank of Scotland to Court for a Money Claim of around £35K;

I put in my claim to the CCMCC and the forms have been returned

stating that I need to accompany the Claim Form with Form N510.

 

The form can be ticked in about 8 different places, but you can only tick 1 !

I've tried understanding which one to tick, but some are REALLY similar.

 

Could someone please tell me which one?

 

Many thanks

[AndyOrch]

https://www.moneyclaimsuk.co.uk/PDFForms/N510.pdf

 

Link for form added...thread moved to Financial Legal Issues

 

Andy

[AndyOrch]

You need to tick the first option box - put in the name of the county court - you also need to fill out the statement of truth and sign etc

 

Relevant CPR

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06/pd_part06b

[ITmanrichard]

Many thanks for your reply Andy which I have only just seen:

I got an email saying the thread was moved,

but ignored this as it didn't say I had a reply,

so my sincere apologies for not thanking you sooner.

 

Yes my mum, who is terminally ill, disabled and 89 years old was evicted from her home of many years after the LANDLORD stopped paying his mortgage.

 

 

As I live and work in Andorra,

I flew over before the initial eviction and moved my mum to a council ran warden controlled flat,

which took some sorting out from Andorra I can tell you.

 

 

I could only stay 1 day and moved basic stuff like a bed, 1 wardrobe, some clothes, etc things she immediately needed.

The Receivers stated I could return within 14 days and pay a "minder" to be at the property while I moved the rest of my mums belongings.

 

 

When I flew back to the UK after 8 days and contacted the receiver they said it was no longer in their hands and told me it had been passed back to the control of the bank: but wouldn't tell me WHICH ONE or any details as it was under the DPA because it was the landlords account not my mums!

 

 

The landlord was unavailable, the Agent who had been instructed by the receivers regarding the eviction told me it was the ROYAL bank of Scotland and I had to fly back as nobody at RBS wanted to help me get access to the property telling me to write letters and emails to them.

After months it transpired that it was the BANK of Scotland.

After contacting them they quoted the DPA too and at first refused to deal with us at all.

 

 

After another couple of months they had a solicitor write to my mum telling her that her belongings were "worthless" and had been SOLD OR DISPOSED OF.

 

 

All my mums clothes, her belongings, the furniture, the stair-lift, the contents of a shed, garage, and outhouse, and irreplaceable items such as a Medal my father won during the war.

 

 

I have done a spreadsheet and I believe its £35k they owe us on the things I can put a price on.

My thoughts are its quite disgusting what they have done.

[ITmanrichard]

How can they get away with this as I have just won one against them so I'm obviously very interested?

 

 

If this was my credit file I'd be stuffed, yet there's is great????

[BankFodder]

Because they are too big to care.

They all have loads of CCJs

[ITmanrichard]

Many thanks for the reply, but how does that bode for me on collecting? When I send the equivalent of HCEO's round (are they called Sherriff's in Scotland?) will they just get told to get lost or just write me a cheque?

[BankFodder]

Don't worry. Put them in and you'll get your money.

 

Don't warn them. Just let it be a nice surprise.

 

A few years ago a Cagger put the bailiffs into RBS at Camden Town.

We got the press there too.

Tell the HCEO not to accept a cheque as it could be stopped.

Cagger. Madpriest did it with Santander a couple of years ago.

 

Luvly jubbly

[BankFodder]

By the way, try to enforce it at a branch so that the customers will see.

[renegadeimp]

By the way, try to enforce it at a branch so that the customers will see.

 

Yep. It's even funnier when the bailiffs actually create a noise and openly state that they will force their way into the offices to collect computing equipment or cash on premises.

[ITmanrichard]

Hey thanks again for the reply - and must have ESP as my next question was: the bank listed their head office address on their website as a PO Box in Edinburgh, and I now know this is not quite correct. They have not replied to my claim, so I have just got the letter in front of me asking for a default judgement and money provisions order to transfer the judgement to the Scottish system. Can I ask the court for this order to be made at a different address or indeed is their any need?

 

 

Yep a branch would be funny, in cash too? (£36K).

[renegadeimp]

If they havent replied to your claim, then make sure you stick to the timelines set by the court. The SECOND one of those timeframes elapses, proceed to the next step. And as Bankfodder stated, dont give them room to move, or inform them of any HCEO action, and make sure you send the HCEO to a very busy branch. Doesnt matter which one as they all represent the company

 

Can i ask how much the claim is worth? Dont need an accurate number, just approx.

[ITmanrichard]

Could anybody help again with this matter please as there has been a new development:

 

The CCMCC took 4 weeks to process some paperwork in Jan 2015 just to tell me it was "out of date". I pointed out it actually wasn't out of date and returned it. I was placed back at the bottom of the pile and another 6 weeks elapsed before my documents were processed. Muppets.

 

The CCMCC took my £50 for a Cert Of Money Provisions Order and a whole month passed by then I received a letter stating that the Judge had commented "the application must be submitted with an affidavit".

 

Ooops, my fault, 3 weeks later they have an affidavit. 6 weeks later the Default CCJ drops through my door in my favour of course, but no sign of the CERT. After 2 weeks of calling the CCMCC they finally admit that the application has been neglected by the Judge. Then why ask for an affidavit I asked, and why take my £50? This has been "forgotten" sorry, they wrote back to my complaint, but its not our fault it's the Judges fault and we have no way of investigating why this has happened.

 

We will get the Certificate signed and you'll have it in 3 days.

 

Unbeknown to me, the Defendant has now realised about the Judgement, claiming they knew NOTHING about the claim (I have everything signed for) and applying to set aside; so the file is transferred to a County Court. So a few days later I find out by accident that the Judge at the CCMCC cant sign the Certificate as its in the post to the County Court.

 

For 3 weeks the CCMCC cant tell me anything, and the County Court havnt received the paper file. I plead with the County Court to get the damn Certificate Signed! 1 week later I get a letter stating the Judge will not sign the Certificate because of the application to set aside - no apology, no £50 returned, just tuff.

 

Now I've found this: The Certificate states "That the conditions specified in paragraph 3(a) and (b) of Schedule 6 to the Civil Jurisdiction and Judgments Act 1982 are satisfied in relation to the judgment. "

 

And that Act states:

 

"A certificate shall not be issued under this Schedule in respect of a judgment unless under the law of the part of the United Kingdom in which the judgment was given—

(a)either—

 

(i)the time for bringing an appeal against the judgment has expired, no such appeal having been brought within that time; or

 

(ii)such an appeal having been brought within that time, that appeal has been finally disposed of; and

 

(b)enforcement of the judgment is not for the time being stayed or suspended, and the time available for its enforcement has not expired."

 

So this would seem Legal to me although the Judgement has only been LISTED to be set aside; but surely if the CCMCC had pulled their finger out I would have my certificate by now? What a bunch of muppets.

 

What, if anything, can i do?