Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Unhappy Gyro v FatChest (Rnd 2) ***SETTLED IN FULL***

    This time around I'm claiming back charges and interesticon on those charges for both my accounts; after whatever outcome I'm changing banks and never doing business with Natwesticon ever again.

    Luckily I had kept statements from up to two years back, so it was a case of adding up the charges, interest and "referal fees", most of which were caused by AOL. It all comes up to just over £800, which isn't much compared to most people, but is life-changing money for someone who has been on low-to-no income for the last two years.

    Sent the preliminary letter on the 21st, and have once again received a refusal letter today.

    For the record I am not afraid of going to court (as someone wrongly assumed), but I could do without more bad news. Am about to prepare the deadly lbaicon.

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  2. #2
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    Default Re: Gyro vs. FatChest (round 2)

    Anything to report?

    ..

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    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.



  3. #3
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    Default Re: Gyro vs. FatChest (round 2)

    Thanks for the interesticon

    The refusal from Natwesticon seemed to be premeditated - they obviously know people are trying to claim back the unfair charges on their accounts and have come prepared. They're saying that the refund of charges applies to credit cards only, but I'm not buying it.

    I've just printed the lbaicon and schedules again: had to do it at work because my home printer has started playing up (and my backup printer wouldn't install either). I'm going to be sending it first thing tomorrow morning. The only reason I didn't go further last time is because I literally had no money to go through MoneyClaim; this time around I have the backup of a monthly salary.

    In unrelated news, a recent "unarranged borrowing fee" caused by - you've guessed it - last month's "unarranged borrowing fee" has left me broke for at least a week. I'm waiting for a lucrative cheque to clear.


  4. #4
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    Default Re: Gyro vs. FatChest (round 2)

    You keep going with it! Its a long proces, but all the stuff i've read on the boards has said they are sending out exactly the same letters at exactly the same stage! Just think of the return on investment (although you are only claiming your own money that is owed to you!)


  5. #5
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    Default Re: Gyro vs. FatChest (round 2)

    Thanks for the words of encouragement!
    Also important is that their charges (which started suddenly) forced a default, which I am aiming to get cleared.


  6. #6
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    Default Re: Gyro vs. FatChest (round 2)

    Update:
    Sent the lbaicon on the 2nd of this month, and received another refusal letter. "There's little I can do", they say. Except of course, for mobilising their lawyers.

    It's on.


  7. #7
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    Exclamation Re: Gyro vs. FatChest (round 2)

    Update:
    After waiting for my first pay cheque from my recently found job, I've put all the information together, gathered all the courage I could muster and filed a MoneyClaim thing just a few moments ago. With the 8% interesticon we're now talking just over £1000 - and a horrendous £120 fee.

    Wish me luck, because I'll probably need it.


  8. #8
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    Default Re: Gyro vs. FatChest (round 2)

    You'll be fine, honest!

    ..

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    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.



  9. #9
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    Thumbs up Re: Gyro vs. FatChest (round 2)

    dont cave in to the scare tactics that cobbetts will try on you with the CPR part 18icon, you dont have to answer to it, keep your chin up and you WILL WIN

    CHRIS WATKINS

  10. #10
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    Default Re: Gyro vs. FatChest (round 2)

    Quote Originally Posted by chriswatkins
    dont cave in to the scare tactics that cobbetts will try on you with the CPR part 18icon, you dont have to answer to it, keep your chin up and you WILL WIN
    Thanks, just posted about getting this on my thread. Ridiculous to be in a position where your high street bank is posting this sort of intimidatory material to you! Good luck!


  11. #11
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    Default Re: Gyro vs. FatChest (round 2)

    Received an acknowledgement from Cobbetts LLP just now; they're defending ALL of the claim. I'd like to see them try.


  12. #12
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    Default Re: Gyro vs. FatChest (round 2)

    Update on the match:

    Only a few days away from the time limit, but no! Cobbets has responded. They're basically playing the vagueness game:

    - They don't know which accounts I am claiming for
    (I'm claiming for two accounts, and I only have two with them)
    - They want a list of charges with dates
    (which I have already sent Natwesticon twice)
    - They want proof that the charges were unlawful.

    I forgot (and didn't have enough space) to include that I wanted the default removed when I submitted the claim through MoneyClaim.

    In other news, as a result of the default, I can only open a basic account once I move elsewhere - something the kind people at PayPlan suggested. No more cash machine convenience.

    I've got until the 24th to respond to Cobbetts' letter; what do I do now?


  13. #13
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    Default Re: Gyro vs. FatChest (round 2)

    You shouldn't need to respond to them at all.... What suggests that you do?

    You should receive an aqicon soon though.

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    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.



  14. #14
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    Default Re: Gyro vs. FatChest (round 2)

    Ah! I've double-checked, and it's the CPR 18 that chriswatkins mentioned. So I can ignore this?


  15. #15
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    Default Re: Gyro vs. FatChest (round 2)

    Regarding the CPR 18, I've found relevant threads on this and will be sending Cobblers the suggested response letter.

    I've also received a questionnaire from the court on Friday (the allocation questionnaireicon), and want to make sure I fill it in correctly before sending it.


  16. #16
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    Default Gyro vs. NatWaste (round 2)

    Okay, so I've sent back the questionnaire and the response to Cobbler's CPR 18 request. They responded a few days ago with their feeble counterattack, and even though I'd sent them another copy of the spreadsheets they still said they had no idea what I was suing their "client" for.

    Now today they've made their move: they're convinced my case will fail, and they've offered a goodwill paymenticon of £600, with the usual conditions, until 1 November.
    It confuses me - why offer any payment at all if they believe I won't win?

    I've noticed a trend with some of the other cases - NatWaste (as I now call them) seems to offer just over half of the claim as goodwill.


  17. #17
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    Default Re: Gyro vs. FatChest (round 2)

    They'll try anything to put you off at the last hurdle.

    You never know, they might just catch one person who is desperate enough!

    ..

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    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.



  18. #18
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    Default Re: Gyro vs. FatChest (round 2)



    Anyhow, I've had a very short time to respond to the settlement offer. I've filled in the template letter so far, but a couple of things threw me:

    - where to send the letter: I'm using NatWaste's Borehamwood address, as the template says to use the bank's address;
    - the date before court action starts: the date in the lbaicon has long passed, so I don't know what to specify.

    Any help before 1pm would be appreciated!


  19. #19
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    Default Re: Gyro vs. FatChest (round 2)

    OK, I need to clarify a few things here.....

    Your court case is currently proceeding, correct?

    They made an offer of less than the full amount and suggested it was Full and finalicon?

    If this is correct, don't worry about responding in any time-frame that they suggest. You are now dealing directly with the department/address as indicated on their response to the court action - simply write a short letter that says "I will only accept this payment as partial settlement of my claim No. XXXXX" and my claim will continue until full payment is received.

    ..

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    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.



  20. #20
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    Default Re: Gyro vs. FatChest (round 2)

    Yes, the court case is proceeding, and their settlement offer is "Full and finalicon".

    Good thing I double-checked, that could have been embarrassing. My horoscope in one of these evening papers warned me about something like that happening. I'll send the letter first thing tomorrow morning.

    Just wanted to make sure, because the relevant thread seemed to refer to a settlement being made before a MoneyClaim.



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