Query re Claim Form

greenspun.com : LUSENET : Repossession : One Thread

Hi Guys - Long time no speak etc, and work (as those who know me know)kind of precludes me from much of whats happening here...

Anyways, I've been helping somebody out for a while, finally, the other side have lost patience and we've received a claim form via the courts (the lovely Wragge & Co in this instance). The usual stuff including a massive interest claim that now has my client *shitting* themselves.

We're going to defend and I'm currently putting our defence-to-claim together (form N9B). I have about eight items to include as topics.

My queries are a) what is likely to happen next, I mean are they likely to go ahead even though my client is potless? b) do any of the old-timers (if you've met me, you count) fancy having a quick look at what I've done? Like an informal case review... I don't want to be hindering this guy thru ignorance. c) is it worth my guy getting legal advice - I'm suggesting he also talks to the CAB so he's got resource in place if it does proceed. d) I haven't gone down NAMV route yet, should we? e) I suppose we ought to SARN as well?

Keep Fighting! Andy

-- Andy T (bluemoon_andy@hotmail.com), March 17, 2003



Can't help you with much except to say that SARNing is a PRIORITY and you should do this by recorded delivery urgently.

Good Luck


-- hanging in there! (Anderston828@aol.com), March 19, 2003.


Am currently putting together a defence & counterclaim as well. Am quite happy to look at your document although I AM NOT a litigation lawyer. I suggest your friend gets legal advice if he can afford it, although this is quite a niche area and you may need to help the solicitor by giving him some info off this site. SARN the bank as a priority and also write to Wragge & Co and ask them to provide all documents to prove their claim ie signed and dated mortgage offer signed and properly executed deed of mortgage evidence of marketing material for sale of any MIG, endowment etc. There is stuff on this site about what you should ask for.

If you are intending to file a defence, file an acknowledgement of service. This will allow you up to 28 days to file your defence. Remember that the Claim is deemed to be served 2 days after the postmark on the envelope so make sure you keep this.

If your friend cannot afford a solicitor try the CAB.

As a final shot the BAR Pro Bono Unit may provide a Barrister free of charge. http://www.barprobono.org.uk/. I know of them but haven't attempted to secure a barrister (yet).

Good luck Allye

-- Allye (migclaim@hotmail.com), March 20, 2003.

Thanks for the assistance.

I'd already done the acknowledgement bit, so felt reassuranced by that advice.

I'll talk to my pal re the SARN this weekend, just to put the wind-up them if nothing else.

Cheers Andy

-- Andy T (bluemoon_andy@hotmail.com), March 21, 2003.

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