Hello my name is ***** ***** I will help you with this.
For now please let me know what steps you have taken thus far?
Beyond letters of complaint, and trying to get them to remove the legal charge, nothing.
Ok, but are they entitled to a charge, notwithstanding the sum is disputed?
They have the charge. I consider that whatever sum it originally covered has now been paid so i think they should remove said charge. They wont. Hence my question.
The charge was for a 40k overdraft. The overdraft was then reduced to £20,000 on my insistence. The company then went bust. Ive paid them over £20k, but, they wont remove the legal charge....
thats my predicament. Nat West are Nasty.
Oh what basis wont they remove it?
They say its still to cover more money. So there is a quantum issue. Ive asked for mediation. Refused. They are sat smug thinking if we sell we will just have to pay what they say. I dont like that feeling of being bullied. I want to explore taking them on. Me suing them. In a Court. Claiming maybe an equitable Declaration or something like that. Im not sure what my legal options are hence me being on here asking ;)
Ok - have they formally investigated it?
Yes, Shoosmiths act for them, and have threatened to sue, and repossess our home, etc, but i feel helpless and dont want to be the defendant, when i think they are in the wrong!
I asked FOS who said it was a legal matter.....Zzzzzz
Once the personal gtee is over 6 years old, am i right, they wont then be able to sue under the pg anyway, due to limitation issues, so maybe then would be a good time to ask them to remove the legal charge? thoughts?
FYI The legal charge was to back up a PG you see.
No, they have 12 years under a PG, because its a deed.
So the Ombudsman wont do anything either?
no sadly not
Ok, then sadly you need a Court order.
You need to complete form N208
My question is simply this: i want to know what Court action i can initiate to break the impasse: what case to bring, what forms to fill in, what remedy to seek. Thats it .
You are asking the Court for a declaration that you are released from the guarantee
i think we may have crossed there :)
The Court will then issue the claim
This is a Part 8 claim not the usual claim forms.
So you are seeking a declaration that you are entitled to be released and the charge remove
It works the same way, a copy sent to the other side, they can defend it, the matter is listed for trial etc
But because you dont want money, you just want a decision from the Court its a Part 8 claim
Can I clarify anything for you about this today please?
what fee does such an application cost court fee wise?
thanks. do you have a link to the CPR that applies?
Can I clarify anything else for you?
Great. if I could ask you to rate my answer before you go today, the button should be at the bottom of the screen
If you need more help please click reply