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.

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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.

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  1. #1
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    Default Here we go - New Claim Theadmiral v Nat West ***WON***

    Hi there folks ,
    I'm new to site and just getting my stuff together for claimagainst Nat West. It seems that my bank charges fall into three areas,
    1. Charge for Unpaid Items (£38 a time !!!!)
    2. Referral Charge (Monthly) (£30 a time !!!!)
    3. Account Charge. (£28 for month)
    I have a £750 overdrafticon facility so I assume that when I have been charged interest at the end of the month, it has been for using the overdraft.
    The Unpaid item charge I know I can include
    The Referral charge seems to be a charge on each time my account has gone over the overdraft limit. Can be expensive if you go over two or more times in a month - and as their charges can take you over - it can be a charge on a charge!!!!!! (Scandalous)
    The Account Charge seems to be an additional charge on top of the others if I am using the overdraft facility. (If I haven't had any unpaid charges or gone into my overdraft facility, then I don't receive the Account Charge.)
    Can I include all these charges in my claim?? If so over the last three years, it has amassed to £1471. Assistance would be very much appreciated.

    I hope I can be a useful addition to the forum and can add my experience for all.
    I need the money as I am unemployed at present.
    Thanks.

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  2. #2
    NATTIE
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    Default Re: Here we go - New Claim Theadmiral v Nat West

    Yes you can include it


  3. #3
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    Default Theadmiral v Nat West

    Thanks for your response Natty.
    I will hopefully get my Request for repayment of charges letter out Monday or Tuesday with schedule of charges.
    Assuming things go according to plan, I will need to send a lbaicon out after their 14 days are up. The LBA I've downloaded seems a bit heavy on reiterating what I've already included in the repayment of charges letter. Are there any alternatives out there?? Thanks


  4. #4
    NATTIE
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    Default Re: Here we go - New Claim Theadmiral v Nat West

    What I would do is wait for the first response and then you will see why the letter is worded as it is.Sometimes you have to tell them things twice!!
    Good Luck


  5. #5
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    Default Theadmiral v Nat West

    Hi All, Right, got all my stuff together now - Letter requesting payment of charges going off today. I will keep you posted and maybe catch some people in the chat room - when I get time that is lol.


  6. #6
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    Default Re: The Admiral v Nat West

    Received standard letter from Stuart Higley dated 11th Oct. Seems to follow all that has been received by other members. 14 days was up today 16th so lbaicon going out today on schedule.



    Request for Repayment of Charges....2nd October 2006
    Response from Stuart Higley..............11th Ocober 2006
    LBA...................... ......................... ..16th October 2006


  7. #7
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    Default Re: Theadmiral v Nat West (Response to LBA)

    Well Well Well, Anyone else got such a rapid response to lbaicon? Sent on 16th - received reply on 18th (dated 17th) Seems to be standard letter others are receiving now " I regret that there is little that I can add constructively to previous correspondence.........."
    So - onwards we go to submit a moneyclaim! Keep you all posted.



    Request for Repayment of Charges....2nd October 2006
    Response from Stuart Higley..............11th Ocober 2006

    LBA...................... ......................... ..16th October 2006
    Response from Stuart Higley...............17th October 2006


  8. #8
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    Default Re: Theadmiral v Nat West

    Right off we go then. I decided to use the Pdf form downloaded for completion and printing off so I could deliver it to the Court with accompanying figures which you could not do on moneyclaim site. Looks nice and smart with all the relevant details of claim as found from CAGicon site. They will now have until 16th November to respond. I will keep you posted.



    Request for Repayment of Charges....2nd October 2006
    Response from Stuart Higley..............11th Ocober 2006
    lbaicon...................... ......................... ..16th October 2006

    Response from Stuart Higley...............17th October 2006
    CCJ Claim Lodged ......................... ....27th October 2006


  9. #9
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    Default Re: Theadmiral v Nat West

    Hi folks, Seems to be progressing in standard way. Nat West have Acknowledged service of claim 8th November so have till 30th November to file a defenceicon. So details to date:

    Request for Repayment of Charges....2nd October 2006
    Response from Stuart Higley..............11th Ocober 2006
    lbaicon...................... ......................... ..16th October 2006
    Response from Stuart Higley...............17th October 2006

    CCJ Claim Lodged ......................... ....27th October 2006
    Claim served on Nat West ....................2nd November 2006
    Acknowledgeme of service ....................8th November 2006


  10. #10
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    Default Re: Theadmiral v Nat West

    HELP - Can someone advise me if there is a change of tactics with Cobbetts. I am waiting for their filing of defence which should have been made by 30th November. I will be contacting the court tomorrow.

    I received a letter from Cobbetts yesterday which I thought may have been their defence, but instead is was their goodwill paymenticon offer. It seems from a lot of the threads I have read that any offers are usually made in the early stages. As I had made pukka letters and claim with all the stuff from this site, I though they were not going to bother as they could see that i knew my stuff! Anyway. Conditions of the offer are subject to "not to disclose to any third party/ the fact of, or any details relating to this payment" and " you write to the Court withdrawing your claim" and giving me 7 days to respond.

    I can't seem to find any sample letters on the site to respond to this letter. Presumably I will decline the offer and advise them that I will be pursuing the claim. The way it is worded doesn't seem to give me the option of accepting the offer as a part payment as the offer becomes null and void if I don't withdraw my claim. They start the letter by saying "Our client considers that your challenge to its charges would fail in court" - but then goes on to offer goodwill paymenticon --- is this normal bully boy tactics?

    If they haven't in fact filed their defence, then I will just go for judgement tomorrow. I bet they will have done so or will sneek it in. It seems funny that I receive their letter dated the same day as they are due to file their defence.

    Although I think I am on track, advise from anyone at this stage would be welcomed.


  11. #11
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    Default Re: Here we go - New Claim Theadmiral v Nat West

    There is a letter by Jonni2bad called 'rejection of settlement offer' in the bank templates section. I adapted it to suit my offer.

    Son v Halifax settled in full £292
    Another son v Halifax settled in full £30
    Bigmama59 v NatWest settled in full £4739.69
    Son v Halifax 2nd claim settled in full £130
    Bigmama v Halifax settled in full £1125

  12. #12
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    Default Re: Here we go - New Claim Theadmiral v Nat West

    Thanks for your help Bigmamma, found it. Because of the timing, I'm looking to send them something back which may prompt them to pay up sooner than later - i.e. saying that I will be pursuing claim, that if they though they had a solid case against me then they wouldn't have made a settlement offer, and that they should consider paying in full to avoid them incurring more court charges. Any thoughts - anyone else got a good format to use???? Cheers


  13. #13
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    Default Re: Here we go - New Claim Theadmiral v Nat West

    OK guys, next stage prior to receiving the filed defence from Cobbetts and the allocation questionnaireicon is my reply to their goodwill offer letter which goes as follows:

    "I wish to advise you that I will not accept anything but a full refund of my charges plus costs as detailed in my claim. If, as you indicate in your letter, your client feels that they could successfully defend the claim, then I find it contradictory that they have instructed you to make the offer of a goodwill paymenticon. I can only conclude that they are trying to limit their potential losses on the claim. I would suggest that if they wanted to do so, and avoid wasting more time and money that they decide to settle up without delay.

    I have noted your comments in the last paragraph, and should you bring this to the attention of the court, then I would hope that they would take the view that you were trying to intimidate me into accepting your clients offer. "

    In their last paragraph they were indicating that if I declined their offer, they would bring it to the attention of the court as they thought it was a fair and reasonable offer. I think my reply does the job and hope that it gives an idea for others. Cheers.


  14. #14
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    Default Re: Here we go - New Claim Theadmiral v Nat West

    Hi Admiral,

    you posted on my thread and I believe you were a little ahead of me. How is it going with you? I have received my aqicon and cobbetts defence, I will complete the AQ with the help of the CAGicon template on Friday and hand deliver it to my local court. Am hoping for a sooner rather than later settlement, if you look at my thread you will see why? Let me know how you are doing - chin up.


  15. #15
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    Default Re: Theadmiral v Nat West

    Hi Weaver, Thanks for your reply. Got my aqicon and defence from Cobbetts last Friday, so I will be concentrating on that this week and get it down to the Courts next week. Had a reminder letter from Cobbetts to say they hadn't received a response to their goodwill offer. Considering the 7 day deadline had been reached, strange that they were still seeking a response. Anyway, I Emailed them and told them I had sent one, attached another copy, and told them I would be providing a copy to the Courts. Slightly hoping that if they think I know my stuff, then they may decide to end things early and give me my christmas present now! I'll keep you posted. Cheers for now.


  16. #16
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    Default Re: Here we go - New Claim Theadmiral v Nat West

    Well aqicon stage. Have completed it as indicated on the site including all the good stuff in the Other Information. Taking it down today and sending a copy to Cobbetts. I will also Email Cobbetts to advise them that it's on it's way and asking them to confirm receipt. Judging by Weaver's success after submitting his AQ, I may have a chance to receiving something in the post in time for the New Year celebrations. One can only hope.

    In case I don't add anymore threads this side of Christmas, I wish all those lovely guys and gals associated with the CAGicon site and all members a
    Wonderful Christmas and Happy New Year.

    Hopefully I will be able to make my donationicon to the site very soon.


  17. #17
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    Default Re: Here we go - New Claim Theadmiral v Nat West

    Hi Admiral,

    Just thought I'd pop in to say hello and see if you have had anything from the postie this morning - just looking at the clock and its prob a bit early yet but when he does come lets hope it puts a big on your face, my fingers are crossed for you. My cheque was dated the 8th dec but I didn't get it until the 20th so it was sat on someones desk for the best part of 10 days so your cheque is there and itsa coming!!!!!!!!!!!!!!. I too wish you a very merry xmas and a PROSPEROUS New Year.

    PS. Just one more thing and that is that I am filled with sugar and spice and all things nice, not frogs and snails and puppy dog tails He he. YES I am a girlie and I love it!


  18. #18
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    Default Re: Here we go - New Claim Theadmiral v Nat West

    Well if they have got a cheque waiting for me, they have got to add the aqicon fee onto it now as I have now submitted mine. Just received copy of Cobbetts AQ - day before deadline. Don't know if it is just the Christmas chaos or what, but it seems that some people are getting their settlement sooner than others!

    I would have thought that if they are avoiding going to court, then they could save additional legal expenses by cobbetts not having to send a representative to the allocation meeting to set court date? Anyway, will just have to wait and see.


  19. #19
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    Default Re: Here we go - New Claim Theadmiral v Nat West

    Hi Admiral,

    Hows things going, just thought I would check in on you to make sure you haven,t fled the country with all your lolly without giving us the good newsicon! I know everyones been really busy with christmas and new year but am keen to hear how everything is going for you. Keep in touch.


  20. #20
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    Default Re: Here we go - New Claim Theadmiral v Nat West

    Hi Weaver, With all this Christmas upheaval, I've not heard any more yet. Now that we've got to aqicon stage, then I suppose I've got to give them some time to get into gear and re-do a cheque with the AQ fee on. If I'm going to hear something soom, it would probbably be when we get notification to attend court to sort out the hearing date. How's things with you?



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