Out of court offer from Cobbetts ** WON **

**jmgeofiz** · 17th October 2006 18:20

Hi everyone

Please help I am so confused i feel like a rabbit caught in the headlights.

I am in the process of claiming £2k from Natwest icon

for unfair bank charges. Whilst i was away on holiday icon

1-15th Oct Cobbets solicitors wrote to me with what sounds to be their standard defense and requesting more infor (CPR 18). Although their paperwork was dated 22nd Sept it must have arrived while we were in Devon because its here in the huge pile of mail that i am wading through. They state that i must reply by 6th Oct but I have missed this date through no fault of my own. I have tried to speak to someone at Cobbetts this afternoon but the person dealing with it is unavailable.

I have sent Martins standard reply to the request for CPR18 with a footnote about the timescales etc.

Also in the post is a copy of their Allocation questionnaire. To be frank I dont understand what the aq icon

is all about. Other people seem to have had one, filled it in etc but I have had nothing.

Please can anyone just explain the AQ business for me?

Thanks very much

jmg
xxx

Similar Threads:

**MARTIN3030** · 17th October 2006 18:50

This happened to me,I returned from holiday icon

to find that their request was need for next day.
I faxed it to them and also informed the court.
If Cobbetts have got the reply from you now then you have done your job.
However I would either write or go down to court and have a note put with your file to say you were away.The allocation questionaire is basically a form that gives details of your claim and gives you some space to say why you think the case is suitable for the small claims.
Its fairly straightforward to fill in......in fact there are guidance notes and temp wording to use.Find this in the bank temps folder.I have no idea wht they have had tha aq icon

and not you.
I would call the court and ask. click on the link to read about the AQ

http://www.consumeractiongroup.co.uk...ompletion.html

**jmgeofiz** · 17th October 2006 19:24

Thanks vrrrrry much
x

**Allyxia** · 17th October 2006 20:11

OK, is it worth starting a new thread icon

somewhere (just to co-ordinate) any volunteers to write the letter (I dont mind but think there are more experienced people here, but dont mind doing first draft).

I'll keep my eye out to see what you decide!! Or if someone wants to PM me I dont mind!!!

**jmgeofiz** · 18th October 2006 13:01

Hi

I am completing my N149 aq icon

, should I include the following statement under section G other info? I have found this under the AQ completion guide and want to make sure i am doing the right thing.

cheers

Jmg
x

**jmgeofiz** · 18th October 2006 13:02

Sorry the statement i forgot to paste into my last post is

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation

**Allyxia** · 18th October 2006 13:54

ok, whose gona cobble a complaint re cobbetts?

Is it a case of place a standard oneon here then people can just copy and send?

Oh lets go for this, they are clearly abusing the situation, and unless we threaten AND take action, they are obviously,history evidencing, not going to change!!!!

And volunteers.......

**jmgeofiz** · 18th October 2006 14:31

Hi

I would love to help but to be honest I feel completely out of my depth, I dont understand what to do next.

Any help is most gratefully appreciated.

p.s should I quote the statement above on my aq icon

???

cheers

jmg
x

**Allyxia** · 18th October 2006 14:54

HI JMG.

I havent had an aq icon

as yet, thou I suspect that cobblers will be sending me one tomoro as that is when their acknowledgement is up (for some reason I seem to be having the slow track here as my claim has been going since beginning of august!!! Oh well).

I think Martin3030 has taken these coupla of post from your original thread and started a new thead regarding writing a compliant letter to the Law Society about the dirty tactics of Cobblers - in so much, as they know damn well that the Cpr part 18 request is not needed in the small claims court.

Whilst this is not unlawful in any way, they are using it as a delaying tactic, and therefore acting "unethically" which would warrent a kick up the bum from the Law Society who oversees these things.

(Though, like most bodies such as this and the one I am registered to, they do appear to be self regulating, and the virtue of any punishment should be taken with a pinch of salt).....but I digress..

If, still require clarification on your AQ (though it does appear that you have got it all sorted correctly?).

I think maybe go back to your orgianl post and pop the query in there. Sorry for any confusion.

AS for writing the letter no, Im not really high up on knowledge with Cobblers but i thought if I draft a frist draft and then PM it to someone with more knoweldge they could add bits, but it saves on just one person doing all the work.

Then once its finished, maybe you could print off a copy and forward it to the law society?

I know I havent answered your query directly, but I hope I have helped you in some way!

**jmgeofiz** · 18th October 2006 15:34

Hi
Thanks Allyxia, I am going to add that statement anyway, I think its the right thing to do.
Good luck with everything

luv
jmg
x

**Allyxia** · 18th October 2006 15:38

Yes very good luck to you as well, flipping Natwest icon

!!!

Guess what will be dropping through my door 2moro eh!!!!

**jmgeofiz** · 2nd November 2006 22:20

hi

sorry if i am repeating someone elses query but i have gone all through the stages with cobbets i.e. their req for CPR part 18, my aq icon

etc and am awaiting a court date very shortly.

out of the blue i have received a letter today from Cobbets offering £1100 as an out of court settlement if i drop the action before 6th November (am claiming £2098.

their letter states if i dont accept the court will view my refusal in a negative way because they have attempted to settle.

what should i do?

any thoughts would be great.

jmg
xx
:o8)

**bram stoker** · 2nd November 2006 22:30

Threads merged to help follow the story. Please stick to this one.

They are just trying to intimidate you. I would stick to your guns and follow through for the full amount.

Good luck.

**jmgeofiz** · 2nd November 2006 22:48

thanks

xx jmg xx

**jmgeofiz** · 2nd November 2006 23:20

Hi

is the following reply to Cobblers ok?

Thank you for your letter dated 01/11/06 regarding the above-mentioned case.

We respectfully decline your offer of £1100.00 in Full and final settlement. We request once again that you return to us all charges imposed on our accounts totalling £2098.

We will accept the sum offered only as a part settlement and on the clear understanding that we will pursue recovery of the remainder with a county court claim if necessary.

We trust this clarifies our position

Yours Faithfully

**bram stoker** · 2nd November 2006 23:40

Sounds good to me.
Good luck.

**xlauramx** · 3rd November 2006 00:12

Hi, I am at the same stage as you I recieved my offer of £1600 today. I am claiming for just over £3000. I will be sending a response similar to yours too.

**Shelty** · 3rd November 2006 09:38

Did your offer have any conditions attached ? Because the wording of your response implies that you haven't started the court claim, yet you have ? When I got an offer this was my response;

Thank you for your letter dated xx/xx/06

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, interest icon

, court fee and allocation fee now totalling £xxxx, I enclose another copy of the schedule of charges.

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

I trust this clarifies my position.

Hope that helps?

**jmgeofiz** · 3rd November 2006 20:42

shelty

thanks for your draft reply, i will use yours.

many thanks

jmg
xx

**jmgeofiz** · 18th November 2006 21:56

Yippee yippee Ive Won!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!

Thank you so much everyone for your advice, received settlement in full by special delivery today.

Thanks v v much everyone!!!!!!

xxxx
x
x

Thread: Out of court offer from Cobbetts WON

Thread Tools