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This is my first thread as I lodged a Moneyclaim (online) about a month ago and have been waiting patiently for Natwest to respond before posting. Now they have responded, things will start to move and I'd like to keep a log - firstly for any feedback the helpful people on this site can offer, but also to keep others aware of the potential pitfalls.
Anyway, after having acknowledged the claim almost immediately, they today indicated that they will defend the amount in full. Which is a shame as I could have served judgment on them on Saturday!!
At this stage, I'd like to know what happens next. I expect there will be a letter arriving shortly, from Natwest and/or the courts, but what then?
Furthermore, I suspect I will need to get hold of a copy of the Natwest terms and conditions. If anyone out there has a copy that they could send me (ideally by email) please let me know.
It will probably depend on the amount of the claim. If it's large they will file a very short defence and try to ask you some questions. Post again if they do that and we will tell you what to do. If it's small then they may make you an offer of perhaps 100% of the claim. It's up to you what to decide what to do then.
I would read the thread in this forum from the guy who lost his case, which will give you some idea of the way their defence will put across in court. They had to hie a very expensive barrister by the sounds of it, and it appears that our main legal arguments may not have been fully used there, so there is a very good chance of winning against them.
Mainly, you should prepare to argue that their fees are not for a service, as this appears to be the vital part of the defence.
I believe if you can sucessfully counter this part of their defence you will be fine.
You sshould be able to get a copy of the T&Cs etc from a branch if no-one can email them to you.
If you have an Advantage Gold account like mine there are specific T&Cs and a Tariff leaflet as well. I'm not sure if these are any different for other types of account.
Good luck and hopefully BF, Dave etc will be able to give you further advice. We really need a win against Natwest as they seem to be the only bank willing to go to court at all.
Keep us posted and if I find anything in the meantime as part of my own research I will let you know.
It will probably depend on the amount of the claim. If it's large they will file a very short defence and try to ask you some questions. Post again if they do that and we will tell you what to do. If it's small then they may make you an offer of perhaps 100% of the claim. It's up to you what to decide what to do then.
Seminole, looks like you posted at the same time as me! I forgot that they may well offer up to 100% of the claim depending on how much it is for, so it may well not end up in court.
If they offer less than the full amount and/or attach conditions to the offer then it is up to you what to do at that point. Depends on how much you need the money and how willing you are to take it to court for an unconditional full settlement.
I'm only asking as I am literally in the same boat as you........judgement day also being Saturday.....oh gawd - the next 24hrs are going to be unbearable!
Seems to be this is a usual Natwest / RBS procedure from their group litigation department. They will acknowledge the claim then a couple of days before the deadline for them to file a defense send you a letter saying they will offer a goodwill payment of the full amount providing you keep your gob shut about it and withdraw the case, they then go on and say its not viable for them financially to defend the case.....
Guys - thanks so much for the great (and rather swift) response.
I'll go to a branch to pick up the T&Cs at lunch. [Sneaky sneaky...]
As for the amount, it's less that £500 so I hope Seminole is correct that they'll offer the full amount.
Big thanks to Cornflake too. I'll be checking everything with a very fine toothcomb, you can be sure of that! I knew I did that law degree for something . I'm now bracing myself to go to court (actually feeling quite psyched) so I'll start to go through their arguments and the approach I'll need to take.
I like the idea of them hiring a barrister though... If they spend more than £500 on costs then I'll be very happy.
I'll keep you all posted as things develop but am on holiday next week so things might be a bit slow, for which I apologise.
Snake
It's not the size of the dog in the fight, it's the size of the fight in the dog!!
They will acknowledge the claim then a couple of days before the deadline for them to file a defense send you a letter saying they will offer a goodwill payment of the full amount providing you keep your gob shut .....
Unfortunately, Cakey, I've already passed the point at which you say they'll send me a letter offering a goodwill payment. My Moneyclaim can go no further and it's being referred to the courts. Bring it on!
Snake
It's not the size of the dog in the fight, it's the size of the fight in the dog!!
Unfortunately, Cakey, I've already passed the point at which you say they'll send me a letter offering a goodwill payment. My Moneyclaim can go no further and it's being referred to the courts. Bring it on!
That is not quite correct as far as I am aware... until you have a judgement they can offer still to settle out of court which is their usual practice... unless of course you have already received a default judgement?????
Usually they offer this goodwill payment a day or two before the 28 days period of filing defense is up.
Latest update:
Got home from work on Friday to a letter from Northampton county court. It declared that Natwest´s defence is that they have offered to settle in full (first I´d heard of it). Attached was a copy of the letter that they are supposed to have sent me, including banker´s draft for the full amount, only it was addressed to Crumpsall in Manchester. I´ve never heard of Crumpsall.
I have since received a letter from RBS (to the correct address this time, strangely!) stating that their defence is the fact that they have offered to settle and that to continue with the claim would be an abuse of process.
I remember seeing a thread on this website about someone else who this happened to, and I´m about to trawl through them all again to find it. After that I´m going to give Natwest/RBS a call to find out what´s going on.
BUT, it appears that they might be trying to settle, along with the standard confidentiality requirement. Given that I haven´t received anything from Natwest/RBS them yet, I don´t consider myself bound by confidentiality at this stage. However, if this thread goes quiet all of a sudden...
There may be light at the end of the tunnel...
Snake
It's not the size of the dog in the fight, it's the size of the fight in the dog!!
You do not have to accept confidentiality at all. It's YOUR money, YOU are suing them, they have some bloody nerve to demand confidentiality to make you repay what THEY owe YOU!
As for abuse of process, it isn't true at all, since they're effectively attaching conditions to their settlement, and you are of course, completely within your rights to refuse it.
I wouldn't phone.
Write to them, saying that NOW you have received their offer (I certainly would comment on their inability to send letters to the right address), that you will settle in full, with no confidentiality, and take a deep breath. If they run true to form, you'll have a banker's draft by next week. (My claim was for just under £500).
They don't really care about confidentiality, it's just a spoonful of honey to soothe their sore feelings if they can get you to agree.
Of course, as always, it's your choice. To me, the moral victory of being able to shout it from the rooftops was as important as the money, to which I had said goodbye a long, long time ago anyway (even though I did need it!).
Let us know one way or another.
Apologies to people who I was in the process of helping, I may be gone some time.
Latest update:
Just got back from holiday, and having not read Bookworm's response until now...
So I did phone and it they have looked into it and had promised to send a new letter to the correct address which was supposed to have arrived by yesterday at the latest. Alas, it hasn't.
I'm going to give them until tomorrow otherwise I'll assume they're trying to mess me around and I'll revert to the courts (I assume I can enforce judgment against them if they haven't settled yet?)
If the offer does arrive then of course I will think about it long and hard before responding to the conditions it seems they may want to include.
Snake
It's not the size of the dog in the fight, it's the size of the fight in the dog!!
Snake vs. Natwest - Settled in Full
to respond before posting. Now they have responded, things will start to move and I'd like to keep a log - firstly for any feedback the helpful people on this site can offer, but also to keep others aware of the potential pitfalls.
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Originally Posted by seminole
Re: Snake vs. Natwest - Defending in Full
. I'm now bracing myself to go to court (actually feeling quite psyched) so I'll start to go through their arguments and the approach I'll need to take.
