Thread: martinpar V natwest ***WON***

Got notification from the court that Natwest's solicitors had acknowledged service. Doesn't give solicitors name but I assume it's Cobbets. They give address for service as RBS Group Litigation. Is that normal? I had the impression that they normally go through Cobbets.

I guess I wait to see their defence. I work out they've got until the 21st to file it.

No pay out before Christmas then

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Thanks. That's cheered me up. It's for 700 and a default removal.

Thanks gizmo. Just been through the whole thread. very interesting read. I feel for J2b. I have met judges like that. Not in a bank charges case but I once was representing my son in a set aside case and he just refused to contemplate that the other party (solicitors, admittedly) could have been incorrect about the date they received payments, even though we could show proof of the money leaving my son's account over a week earlier.

...But that's another story

I'd appreciate some advice please. Got a letter from RBS Litigation today with a cheque for the full amount of my claim as 'it is not commercially viable or cost effective for the bank to defend this claim'. It's payable only into my Natwest account but that's not the end of the world.

No mention of my default. In the light of jonni2bad's experience should I

(a) refuse the cheque and carry on with the action.

(b) accept the cheque as partial settlement only.

If (a), should I send the cheque back or hang on to it for now?

I'd really appreciate some advice here because it's very tempting to keep the cheque at the moment but it's important for my future standing to get the default removed.

OK, in the absence of any suggestions this is the letter I've drafted to go in Sunday's post:

Thank you for your letter of 1st December with your offer to settle my case.

Unfortunately, although I appreciate your offer, I am unable to accept under the terms you request.

I will be happy to accept the payment only if you undertake to remove the default, which you have registered against my name with the Credit Reference Agencies. Once you have confirmed that you will do this and I see the evidence that you have I will gladly discontinue my action.

Pending your confirmation of this I am returning your cheque, which I note you have made payable only into my Natwest account, which I understood to be closed, thereby making it impossible for me to access the funds.

I am unable to agree not to disclose any detail of the background of this claim, as I am a member of the Consumer Action Group and have already discussed aspects of my claim with other members.

I look forward to receiving confirmation of your intention to comply with my requirements very soon.

Yours sincerely,

Got a Special Delivery from RBS today with the cheque they sent before returned to me and a letter confirming they will remove the default.

I suppose I could quibble that there's a couple of weeks interest to be added but I'm happy with the result.

They sent it on the day their 28 days for filing a defence was up. It arrived jsut before I was going to phone the court to seek default judgement. They like to cut things fine don't they?

Thanks. Just checked and the default's gone too. donation on it's way.

Hi
Yes Nat West do go through Corbetts with one claim I am doing at the moment, however my husband got paid out by RBS and Corbetts was'nt used attall.
I am one month away from a Hearing with Nat West and am getting a bit worried - !