charging order

[PlanB]

Re: charging order

I think I will just go with an offer of £3500

Isn't there an added complication with this debt which may be subject to a personal guarantee signed by your ex-business partner too? I know that guarantee was for a separate loan (now paid off) but weren't NatWest claiming the guarantee covered all monies borrowed including this OD?

I assume the Claim names only you as the Defendant? I don't know the details but Andrew does so it would be wise to wait until you hear from him in the next few days. You have two weeks to sort this so there really is no rush especially if anything you do or don't do could impact on your ex-business partner who you have said is blissfully unaware that this debt still exists.


This post is from September 2012 on your original thread:

Ok guys, i have found some paperwork.

This is a Natwest business overdraft.

In their letter they say Item of security is Guarantee...date given...14/08/2007 amount outstanding nearly 6k

So i have found paperwork, which doesnt really make sense. Let me explain, we had a 5k o/d for business purposes and a 130k loan, the loan has been paid back when we sold assets. The business then ran out of work back at the end of 2010, the company itself had no assets and just this 5k o/d and 1.8k owed to yell, yell then objected to the company being struck off, but they havent come for the money and the company is pending being struck off again

The securites held according to paperwork as follows

1 Guarantee by myself and ex partner for 130000k
2 Freehold 1st legal charge, this was over the property which was sold and debt for 130k was paid off

[Undercover Elsa]

Re: charging order

I strongly agree, I'd wait until Niddy and Andrew get bak, we need to know if you're holding any decent cards before you go in with an offer.
Well done on holding the fort PlanB

[cymruambyth]

Re: charging order

I know that you want this sorted, but I would still wait until Andrew and Niddy are back before you offer any money; if nothing else you will get help with a letter that won't leave you liable at a later date for the remainder of the money.

[GlobalC]

Re: charging order

Thanks PlanB will get on to it now. They didn't try to get me to make an offer today and were actually quite reasonable - unlike last time I spoke to them! I did however have to do an I&E over the phone with them, hopefully now they understand I'm already on a debt management plan they might think twice at court ( wishful thinking ) I think I will just go with an offer of £3500 this is based on what I think I can raise within 2 weeks from family

[PlanB]

Re: charging order

This was all done on the phone, so how do I contact the court to let them know when I don't have an email or letter?

Email them to ask for confirmation that they have agreed to the 14 day extension which you want confirmed by email before 4pm today.

If/when you get the confirmation email you send a copy if it to the court.

If they don't email you, then you email the court to say that the Claimant has agreed a 14 day extension with a copy of your email requesting a confirmation email to the solicitor.

If you follow me.

I'm rubbish at maths, but I can count and I still don't think your Defence wasn't due to be filed until 4 pm today based on the issue date on the summons. Are you sure they weren't just trying to frighten you into making a high offer

[GlobalC]

Re: charging order

This was all done on the phone, so how do I contact the court to let them know when I don't have an email or letter?

[PlanB]

Re: charging order

Its just a holding position, to be honest I'm going to just settle this in the next 2 week's one way or the other. Got too many other problems to deal with and would be nice to get rid of this once and for all. Just want to apologise for throwing my toys out the pram yesterday but I was completely at what I should do!

No worries. You've a long way to go before you seize my *Drama Queen* title.

Don't believe them when they say you don't have to contact the court about the extension. Many a scumbag solicitor has got a sneaky Default Judgment behind the Defendant's back based on that old trick. Make that call.

I understand your wish to get shot of them, but I see no harm in waiting for Andrew's return to see what he advises. Sometimes filing a Defence can help the Claimant focus more on any offer you make. Believe it or not they don't want to go to court either since the sum claimed means they won't get their costs paid even if they do win because it's below the £10k Small Claims Court limit.

You're playing poker with them at the moment. Or as Andrew prefers to call it "First to Blink"

[GlobalC]

Re: charging order

Good news about the two week extension. Have you checked with the court that they know that too? If not then fax them a copy of the email or letter you have from the Claimant agreeing the extension. They told me that I did not need to contact the courts

You now have until the 20th to sort this. That's enough time to put forward an offer based on logic and reasoning. Rather than pick a figure out of the air you should tell them why you think they should accept any offer you make. Calculate all the interest and charges they've applied for a start.

You have two properties on the market one of which went under offer very quickly. While you may have to go 'cap in hand' to your family in the short term, you are soon to be in a position to solve this problem and pay them back.ies The properties are back on the market after buyer pulled out. Sort of the money in the properties is my family's anyway and not mine!

Who says you have to pay it all in one lump sum? Have you thought about offering monthly instalments and the remaining balance when the property is sold all wrapped up nicely in a Tomlin Order? Or instalments over five years and nothing when the properties are sold (don't even tell them the properties are on the market They told me that a tomlin order would only be made if they were at fault....whatever that means!

I assume you're not filing a Defence because you've been told that you've not got a viable Defence, or is the two week extension just a holding position whereby you can still file your Defence on the 20th if Andrew thinks you have a valid one?

Its just a holding position, to be honest I'm going to just settle this in the next 2 week's one way or the other. Got too many other problems to deal with and would be nice to get rid of this once and for all. Just want to apologise for throwing my toys out the pram yesterday but I was completely at what I should do!

[PlanB]

Re: charging order

Good news about the two week extension. Have you checked with the court that they know that too? If not then fax them a copy of the email or letter you have from the Claimant agreeing the extension.

You now have until the 20th to sort this. That's enough time to put forward an offer based on logic and reasoning. Rather than pick a figure out of the air you should tell them why you think they should accept any offer you make. Calculate all the interest and charges they've applied for a start.

You have two properties on the market one of which went under offer very quickly. While you may have to go 'cap in hand' to your family in the short term, you are soon to be in a position to solve this problem and pay them back.

Who says you have to pay it all in one lump sum? Have you thought about offering monthly instalments and the remaining balance when the property is sold all wrapped up nicely in a Tomlin Order? Or instalments over five years and nothing when the properties are sold (don't even tell them the properties are on the market).

I assume you're not filing a Defence because you've been told that you've not got a viable Defence, or is the two week extension just a holding position whereby you can still file your Defence on the 20th if Andrew thinks you have a valid one?

[GlobalC]

Re: charging order

Hi PlanB,

Talk about by the skin of my teeth! I have managed to get a 2 week extension to sort this out. They pointed out that yesterday was the deadline not today!

So I need to settle this debt by the 20th.

Debt is £6543

I offered a FnF back in December last year of £1500 which was declined in April. Natwest said they would settle for £5336 bear in mind the original debt was only £5000.

So what do you think would be a reasonable offer to get this monkey off my back? Cup in hand to the family again!!

[PlanB]

Re: charging order

I've been trying the email since last Friday

Andrew and Niddy are away until Friday.

Unless you hear different prepare your own Defence using this guide to help you. It's really not that hard and even I managed to do my own one recently.

You will know all the facts since you have lived with this debt for some years. Simply write in Plain English. If you have discussed the claim with Andrew but not agreed with him that he will prepare your Defence on your behalf (have I got that right?) you will know the strength and weakness of your case and any legal arguments you may have. Read this:


http://forums.all-about-debt.co.uk/s...l=1#post209248


Here is an example of a Defence posted on this site. Do not copy it exactly especially since it refers to a credit card and your debt is an overdraft facility. But it will give you the format, flavour and spirit of how things should be presented. You will get the opportunity to provide a Witness Statement later in the proceedings which will flesh things out.


http://forums.all-about-debt.co.uk/s...ll=1#post90552


If you hear nothing more from anyone by 3 pm then file your Defence online or by fax it to the court on one of these three fax numbers (they're often engaged so keep trying) 01604 619 426 or 01604 619 522 or 01604 619 523. The closer it gets to 4pm the busier those fax numbers will be. Any Defence (or document) filed after 4 pm is deemed to have been served the following working day. However the Northampton database automatically prevents a request for a Default Judgment being entered online until after midnight - but don't count on it!

I know nothing about the facts of your case because you've not posted them on your thread. In some cases you can seek permission to amend your Defence later if you have a good reason (such as the Claimant has failed to provide relevant documents before you prepared your defence).

Keep calm and you'll be fine. If you file nothing you will be screwed. Post up any questions you have on here.

I hope my post is redundant and you've got this sorted behind the scenes

[PlanB]

Re: charging order

I'm guessing its too late now and a CCJ will be issued in my absence with no defence given

You have until 4 pm tomorrow. Sit tight

[GlobalC]

Re: charging order

Asking me questions and saying he can help through Legalese but I've not been able to get through to anyone on the legalese site it just goes to answer machine. Basically I just need to know what to do! ( not having had court papers before ) I'm guessing its too late now and a CCJ will be issued in my absence with no defence given!!! I've tried to speak with the DCA but they just say speak to the courts....oh well

[PlanB]

Re: charging order

I have been in contact with ATW since and last heard from him last week but no response since....

What did he say last week?

[GlobalC]

Re: charging order

I just did what ATW said earlier in the posts - Please complete the acknowledgment of service to indicate that you are going to defend this as that automatically gets you another 14 days on top of the 14 you already have. Please then e-mail me the papers at the email address PlanB gave and i will go through them for you. Don't worry they are a long way off getting a charging order yet.

I have been in contact with ATW since and last heard from him last week but no response since....