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.
I started the claim in june , with the 1st letter requesting All 6 years statements on my three accounts.
1- business account ( sole trader ,not vat registered ) so I am claiming for that as a private "person".
2- private account.
3- private account.
I received statements for one of the private account from yr 2002.
the other two were from yr 2000,( with no charge !!) Although they did say I should have been charged £2.00 per statement sheet.
I worked out All the charges for everything on all three accounts, This came to £6,285.61. ( at this stage I DID NOT add any interest).
Then sent the second letter asking, ( demanding ), a refund of this amount , together with detailed schedules of the charges for each account.( no interest added).
I received a reply on the 11th august offering a goodwill payment of £1441.00 as a full & final payment. I wrote back a "letter before action", refusing this payment.
The Natwest replied on the 22nd august,saying that the details of the 2 personal accounts had been passed on to the customer relations unit who would contact me in due course.
However , the decision regarding the business account is at the discretion of the business manager,and due to the fact that he had already looked into the matter and ( 4 months before ) given me a small amount to keep me quiet, he considered the matter closed. I obviously dissagreed !!.
I then received a letter for Mr stuart higley ,saying that the NatWest bank do not accept the finding of the OFT in regards to credit card fees , also stating that the OFT had restricted it's findings to credit card charges only and basically it has nothing to do with us !!.
I have since used the services of "Moneyclaim" and paid £250.00 to claim the total sum of £6285.61 + £696,68 ( 8% apr ).
I received a letter yesterday (31/08/06) from the court (northampton), saying that the Claim had been forwarded to the NatWest bank.
I now await my fate !!
TWO DAY TO GO BEFORE THE 28 DAY DEADLINE !!!!
I received a "Defence by way of service" today, after filing for Judgement this morning at 4.00am. This is it -- WHAT DO I DO NOW ??
Defence.
This defence is filed and served without prejudice to the right of the defendant to apply for summary judgement in respect of and/or to strike out the Particulars of Claim.
The defendant is embarrassed by the lack of particularity pleasded in the particulars of claim to the extent that the particulars of claim fail to disclose reasonable grounds for bringing a claim against the defendant. in particular:
The particulars of the claim set out no facts indicating what the claim is about, are incoherent and do not disclose any legally recognisable claim against the defendant.
The defendant invites the Claimant to remedy the above, in the event that the claimant fails to do so within 14 days of the service of the defence then the Defendant will apply to the court for an order striking out the particulars of the claim.
The defendant reserves the right to plead further to the particulars of claim once and if the Claimant properly particularises the same.I the meantime the claimant ,it is denied that the claimant is entitled to the relief claimed or any relief whether as pleaded or at all.
Statement of truth.
The Defendant believes that the facts stated in this defence are True.
I am duly authorised by the defendant to sign this statement.
Full Name – Lynsey Clare burgoyne.
Name of solicitor’s firm
Cobbetts LLP , ship canal house,
King street, Manchester, M2 4WB (Ref LCB/RR1362.618)
It seems that your particulars of claim were not clear and did not have sufficient detail. Also, you have made a mistake by including your business account in this claim, as you could not claim that back under consumer law. The bank know that it is your business account and so you cannot claim using the same POC. If you do not amend your claim within 14 days they will apply to have it struck out. What exactly did your POC say?
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
I have a similar situation from Ms Burgoyne asking for further details of the POC. I have served the aq as haev Cobbetts and they are still askimg for further info.
It concerns me over the last comment as I am claiming for 2 personal accounts and one partnership/business account (not limited company) and assumed I could. Are you saying that my case could be thrown out due to the business account??
HI, It appears we both might have made a mistake, I am in exactly the same position. I also claimed for 3 accounts , one of which is a business account.see the reply from CARO above ( or below).
But it's nigh on impossible to get all the particulars of the claim on the mcol form ?
regards chris
Refund of bank charges for the period June 2000 to June 2006,For three accounts.
I have sent the relavant to the bank requesting refund on these charges,I was offered a small refund on the condition this was a Full and final payment,I refused this.
The claimant claims interest under section69 of the county Courts Act 1984 at the rate of 8% a year from to (the date you are issuing the claim) of £696.68 and also interest at the same rate up the date judgment or earlier payment at a daily rate of 8% apr.-----------
My business account is a partnership and Martin3030 (moderator) has said that I should be ok with this see thread Logan v Natwest - won. Is yours a limited company account or a trading as self employed business account?
I decided not to use the MCOL for that very reason of limited spaces to explain yourself!!!!!
Cobbetts are asking for an improved POC with all the acts, sections and case law to back my claim before they can defend properly. I did have a thread which detailed all of this and I will find it again and post it to you. I'm waiting for martin3030 to confirm my next move. aq's submitted by both parties and need the killer blow to bring the offer up!!
Heath,
I am a "sole trader" not Ltd, and not VAT reg.
I went on the mcol website and found this------------
----The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.---------------------
I have had conflicting advice and do not know what to do next !!
Should I cancel my claim . Alter it in some way, I sent all the schedules to the bank weeks ago, surely cobbetts should have the details from the Natwest ?
I have had nothing from the court as yet.
chris
The references to consumer law are not relevant to a business claim.
Therefore as suggested earlier the POC need ammending.
You have to decide if you want to do that,or withdraw it and start again.
If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon. Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed. Donations help CAG to help YOU Click here
Martin,
I would probably lose my £250.00 I paid Mcol, is that correct?. if I started again.
I can ammend the POC by removing the business claim,then starting a seperate one for it. Would I have to goto the mcol site to do this?.
I really appreciate your input , many thanks.
Chris "windchest"
What are we supposed to do then? Surely all bank charges are unlawful - I see to remember that the case law relied on is to do with companies!
Are you saying that we should separate the claims? Was your earlier advice wrong?
I feel I should push on as Cobbetts will surely make an offer and finish this or do you think they will know there is an error and take it to court? In court will they accept the personal claim and strike out the business account claim which at least gives me some money back or will the claim fail in full due to this error?
Please don't tell me I have wasted 2 months of time!!!
Unfortunately there is no reference to law in the POC at all, consumer or otherwise and that would need addressing too. I believe Martin is right to suggest you consider starting again.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
I remember seeing a thread which detailed case law back to 1919 regarding penalty fees - it would take me some time to find it again!
I don't mind pushing on at this point as
1. I'm on benefits at the mo and haven't had to pay a bean
2. I have further charges not included in the claim that would need to be claimed after this case in any event.
What is my risk if I see Cobbetts in court and fail? Will I not be able to claim again? Will I be hit for fees? Any advice here very welcome
WINDCHEST v NatWest **WON**
statements on my three accounts.
of £1441.00 as a full & final payment. I wrote back a "letter before action
Reply With Quote
Originally Posted by chriswatkins
