Northern rock ask to set aside default judgement

[noomill060]

 

Soz.

 

Strutting arrogance just makes me want to arm myself with custard pies.

[N#1N#2]

All

 

 

I have had charges added to my account since i started my claim against the NR.

 

Can I add these in or do I have to start a new claim.

 

Also how do I recover the £100 AQ costs??

[N#1N#2]

Heard from courts today Verbally , the judge has decided to progress the claim in the small claims court and has issued a date for the hearing.

 

not sure about directions and timescale yet but should have letter in the next day or two according to the court.

 

So getting closer and closer

[paulif]

victory shall be ours in the end

we will succeed

[alanfromderby]

All

 

 

I have had charges added to my account since i started my claim against the NR.

 

Can I add these in or do I have to start a new claim.

 

Also how do I recover the £100 AQ costs??

 

The AQ costs are added automatically by the court. If you wish to amend the claim you will need to pay a fee to the court, and it is a fiddly process.

 

Unless it is a large amount, it is probably better to deal with it when it comes to any settlement. At which point you can ask that they include the extra charges, otherwise you will issue a further action for the additional amount.

[N#1N#2]

alanfromderby

 

Great, thanks for that will just sit and wait the next steps and see what the NR come up with then tackle the additional charges later.

 

I wish to link another thread to another thread on the NR site how is this done.

[caro]

Copy the link in your web address bar of the thread you want to link to, and paste it into a reply box in the thread you want to link from. (If that makes sense).

[N#1N#2]

Here we go update.

 

Letters one from the courts today

1. Notice of allocation to the small claims track (hearing) 27 April so pretty quick, no reference to the AQ and the directions applied for.
   
2. Notice of hearing of apolication 13 april the NR have asked the courts to have my case struck out

Deatils are

The defendant applies to the court for an order to strike out on the grounds that the claimant's statement of case discloses no reasonable grounds for bringing the claim

 

the defendant files a defence (copy attached) on date??? in response to the claimant's particulars of claim at which time the defendant outlined that the claimant had failed to particularise his alleged loss adequately or at all. No further particularisation of the claimant's particulars of claim had been forthcoming

Futrhermore Part1(2) (a) CPR stipulates that cases be dealt with in a just manner. In order to implement this requirement it should be ensured that the parties to a case are on an equal footing. In this case the defendant has been presented with a insufficiently particularised claim which places the defendant at a disadvantage interms of successfully defedning its claim

the defendant therefore considers the claimant's statement of case to be insufficiently detailed, fails to comply with the overiding objective, is unsustainable as a matter of law and requests that the claimants statement of case be struck out pursuant tp part 2.4(2)(a) CPR

 

So note sure about the second item

 

Any help

[noomill060]

Sounds like they are floundering, out of their depth, waving their arms, shouting "HELP!!!"

[N#1N#2]

the hearing on the 10th do I attend or is this internal thing and it states it may be transferred to another court if need be, as the small claims hearing on the 27th states that I must attend, unless an agreement had been made then i must inform the courts immediately

[alanfromderby]

I am presuming that you have particularised the claim by sending a spreadsheet to them, and to the court. I presume that you have also provided them with the legal basis of your claim - as per the full POC's.

 

In this case it is essential that you do attend the application hearing otherwise, if they turn up, your claim could be thrown out. Of course, you will need to detail any costs that you incur through attending, and if you have to take time off work you can include that as well.

 

This does look very much like they are trying it on - but it is important you cover all bases and not allow them to win be default.

[N#1N#2]

alanfromderby

 

Sorry for my ignorance what do you mean by POC's

 

I have followed all the steps in the FAQ's

1. intial letter asking for statements etc
   
2. Request for charges letter with detailed spreadsheet etc
   
3. LBA
   
4. claimed on MCOL ( no copies of spreadsheet to court all done electronically)
   
5. Set aside accepted
   
6. AQ's to the court after set aside

Have made sure the NR have all the information, even sent them a copy of my draft courtle bundle even though the courts have never askde for it.

 

I have not actualy supplied anything to the court with the exception of the AQ's with draft direction as they have not requested it.

 

Even for the small claims hearing on 27th April they have not requested any documentation

 

so any help guidance and help thanks

[alanfromderby]

That is where the problem is then.

 

It is standard practise where claims are made by MCOL for the banks to suggest that you have failed to provide a full breakdown of the charges you are challenging, and that due to the character limitation, you have not properly argued why you believe these charges are unlawful.

 

It is now vital that you send another spreadsheet to both the court and NR (or presumably their solicitors), and a full explanation of why you consider the charges are unlawful. This can be based on the points of claim (POC's) in the Bank Template Library. You want the one's that would be used on the N1 form had you filed at the court rather than on line.

 

I would advise that this be done extremely quickly - if possible to reach them on Monday.

 

I would include a covering letter saying that you are forwarding the information in relation to their strike-out application, but that you would remind them that the spreadsheet has already been sent to NR, and of course, the same information is easily accessible to them from their own computer system.

 

Hopefully, that should deal with that - but you will certainly need to attend the hearing.

[N#1N#2]

alanfromderby

on my on line claim my particulars read

 

Between MEand NR PLC.

The claimant has had a account No***** with the defendant opened jume 1982, since 18/12/00 the defendant debited charges andinterest in respect or purported breaches of contract.3. defendant is aware of all details a list of charges has already been supplied. another copy will be sent.4.claimant contends:(a)the charges exceed the defendants losses caused by the breaches;(b)the term permitting the defendant to levy such charges is unenforceable under the unfair terms in consumer contracts regulations1999, unfair contratc terms act 1977 and at common law.5.claimant claims:(a) return the ammount debited of £3547.62;(b) interest per S.69 county courts act 1984 of 8% - £789.46continuing at 8% until judgement or settlement at the daily rate of £0.78:6 alternatively if the charges are a fee for a service then they must be reasonable under S.15 of the supply of goods and services act 1982.7. Costs allowed by court

 

does this not detail all the particulars required

 

Or as you mention above there is some details missing.

 

See one issue be the NR did not respond untilafter the default judgement, therefore may have lost misplaced the original documents.

Which is one reason why they ask for the otiginal set aside

 

what do you think

[N#1N#2]

just check the deatils in the bank templates.

 

I will do some work tonight and tomorrow , copy and expand the deatils that are MCOL and email NR, hand deliver courts monday morning and psot a copy to the NR also.

 

So this should assist in clarifying the issue hopefully

[alanfromderby]

Really it is a pedantic argument they are using, and it is solely intended as a means to delay and frustrate your claim. By sending this information you are just blocking off one potential escape route, and hopefully, reducing the likelihood that they will bother to turn up in court.

[N#1N#2]

alanfromderby

 

Do you think it would be pertintent to send a copy of my letters that were sent to the northern rock in chronolgoical (spelling it is late) order to the court, Including the MCOL claim form to support the POC, which then should show up the weakness in there argument? (copy the bank)

 

note the courts have not asked for the court bundle which is fundamentally what i am sending as above apart from the legal argument side of things

 

And also the fact that the banks is trying to pull a fast one???, which hopefully the courts will see fromt he details provided.

[alanfromderby]

It is always worth ensuring that supporting documents are in the court file - although they will have a copy of the MCOL document anyway. Having said that, it is extremely unlikely that the file will be looked at until immediately prior to the hearing.

[N#1N#2]

alanfromderby

 

I am drafting the letter back to the court along these line what do you think

I acknowledge the letter from the courts dated 28th March with regards the subject

Notice of Hearing of Application

Between

 

Me and the NR

 

In relation to the Defendant’s request to the ‘strike-out application’

I refute this claim and therefore enclose documentation and objective evidence that the particulars of my claim have be served on the Defendant on a number of occasions, and therefore these records should be on file with the Defendant and accessible to them from their own computer

I believe that the contents of these particulars of claim are true

 

signed Me

 

Date

[alanfromderby]

That looks fine.

[N#1N#2]

great thanks, the email will go tomorrow to the NR and by post monday and i will hand deliver to the courts on monday also.

 

Is there anything else up there sleeve??

 

Hopefully see them in court on the 10th then the 27th for the small claims hearing

 

thanks and appreciate your help,

 

Can't wait until i can donate to this site for the help

[alanfromderby]

I would expect they are relying on you not turning up at the set-aside hearing. Hopefully, when they receive your submission, they will reconsider their position. However, it is always difficult to second-guess what the smaller companies are willing to try.

[N#1N#2]

Alanfromderby

 

As already mentioned but I have some questions, what do you think

 

 

recieved two letter from the courts last week

1. hearing for the bank trying to strike out my claim
   
2. small claims hearing date

so I am a long way down the road and followed the procedure and guidance of the people here on this forum , Many thanks

 

But the bank are trying to strike out my cliam as the state that i have not clarified my particulars

 

the first three letter sent do not outline the particulars, so the first time is when i completed the MCOL.

 

So technically are the bank correct and certainly for the repayment of charges and LBA letter should we not be a bit more specific and out line the particulars to be used when issueing the MCOL or is the MCOL early enough and clear enough???

 

By the way the bank ignored my claim, and default judgement then we agreed to a set aside??

 

Any advice as I feel that i am a fish out of water on this one and tend to agree with them.

[paulif]

they are such bastards they really are

their behavior continues to amaze me

strength to you mate

power to the people and all that

[alanfromderby]

It is important to remember that the banks have been investing huge amounts of money on legal advice, and developing tactics designed to save them money. The original templates should be adequate for these cases, and do properly state the legislation on which the charges are being challenged.

 

Having said that, there is an issue with MCOL, as it does not allow for a spreadsheet to be filed alongside the claim - and the particulars have to be shortened to fit into the number of characters.

 

Unfortunately, some companies have recognised that they can cause delay and confusion by challenging the abridged particulars on MCOL claims, and many more will automatically challenge claims where the spreadsheet has not been provided with the court documents.

 

It does actually say in the Bank Template Library, that the spreadsheet needs to be sent immediately after a MCOL has been filed - so the issue has been addressed in our instructions.

 

To be honest, it is irrelevant what information is included on the LBA, since they know exactly why the charges are unlawful. What they are doing is using the Civil Procedure Rules as a delaying tactic - as the claimant is obligated under the CPR to outline his case on the court papers.

 

You could provide a full copy of the legislation, all the relevant case-law, and every bit of supporting evidence you can lay your hands on with the LBA - but if you fail to properly explain your case on the N1, or via MCOL, then the bank may try and seek to strike out your claim.

 

The important thing to do is to deal with each situation as it arises, knowing that the law is on your side, and eventually they will have no choice but to settle.