Alison V Nat West *****WON*******

**allisonedwards** · 4th February 2007 18:16

Hi
I wonder if someone could advise me please.
I am currently at the court stage of proceedings with Natwest icon

and waiting for them to submit a defence. In the meantime my Dad has started his claim with his initial letter requesting back his charges. He has received a letter from Stuart Higley (him again!) saying, thanks for your letter, we are currently considering your claim, and thats it. Just a very short response.
Has anyone else received anything similar. My initial response from Natwest was an outright no, so it seems they may have changed tactics.
Any advice on when or what we should send in reply if we dont hear back from them soon. It seems like a delay tactic to me.
Thanks in advance
Ali

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**RobberBank** · 4th February 2007 18:38

It's a current standard letter. Just stick to your timescales etc until they pay out. The letters are just to try put you off!

**K-J** · 5th February 2007 21:13

Although a standard letter it does seem to me that Nat West are changing tactics.
I, and several others recieved this letter. Unfortunatley (or fortunatrly as it turned out) I didnt have the cash to proceed with my claim when the MCOL was due to go in, so I had a 3 week delay. The day I was going to put in my claim I recieved a letter offering me full settlement of the original amount claimed.
It is therefore up to you if you proceed with the time scale and go for the interest icon

as well or wait a couple of weeks and see if they offer settlement.

**allisonedwards** · 5th February 2007 21:24

Hi
Thanks so much for your replies and advice. Dad received the letter about 10 days ago, so I think he will wait another week and see what happens. The next stage for him is the lba icon

, so he needs to send that before proceeding to court - hopefully in the meantime he may get a nice fat cheque through the post!
Thanks again
Ali

**steven4064** · 6th February 2007 01:37

We got the short Stuart Higley letter in response to our initial request too.

The letter was only pp SH though and I was so looking forward to a genuine one. I had visions of being on Antiques Roadshow in 30 years' time with my collection of autographs and the presenter saying "this is a great collection, but what really excites me is that you have a genuine Stuart Higgley. You know the well-known character from the "Bank wars" of 30 years ago and winner of "I'm a celebrity get me out of here" after Nat West went bust". One can dream....

**mcb1975** · 6th February 2007 19:28

Originally Posted by allisonedwards

Hi
Thanks so much for your replies and advice. Dad received the letter about 10 days ago, so I think he will wait another week and see what happens. The next stage for him is the lba icon

, so he needs to send that before proceeding to court - hopefully in the meantime he may get a nice fat cheque through the post!
Thanks again
Ali

How much was your Dad's claim for? Is it possible that Natwest icon

are adopting a less hardline approach for those claiming much smaller amounts?

**OldBear** · 6th February 2007 22:27

Originally Posted by allisonedwards

Dad received the letter about 10 days ago, so I think he will wait another week and see what happens.

Personally, I would send the lba icon

now.

Allison, put the boot on the other foot for a second and consider this: Did Natwest icon

ever give your dad 17 days to see if he would put in some cash to cover that outstanding DD? No, they did not!!!

Stick to your timetable, not their's. Push on!!

OB

Steven4064, that didn't half make me chortle, mate, nice one. Mine wasn't pp'd, but it does look like it was signed by Ming. (The Merciless, I presume)

**allisonedwards** · 7th February 2007 16:23

Hi everyone
I have today received Cobbetts Defence and the aq icon

from the court, which I will complete and return.
Do you mind if I tell you what the defence says as its all legal jargon to me and Im not sure whether I need to respond to it or just send the court the AQ at this stage..here goes;

1. The defence is filed and served without prejudice to the defendants case that the POC do not disclose reasonable grounds for bringing a claim against the claimant to recover the bank charges referred to in the POC. In the event that the claim is not properly particularised the the defendant will apply to strike out the claim and/or for summary judgment in respect of the same.
2. On allocation the defendant invites the court to direct that there be case management conference inorder for the court to consider the making of appropriate orders to give the claimant the opportunity to properly particularise her claim.
3. No admissions are made as to what charges have been debited to the claimants bank account.
4. In relation to the allegation that the contractual provisions pursuant to which the charges have been applied are unenforceable by virtue of the Unfair Contract Terms Act 1977, and/or the unfair contract terms in consumer regulations 1999, the claimant is asked to identify;
4.1 a) the section of the unfair contract terms act and
b) the regulations of the unfair contract terms in consumer regulations and c) the principles of common law, relied upon by the claimant in alleging that the contractcual provisions referred to are unenforceable.
4.2 the contractual provisions that the claimant alleges are invalid by reference to UCTA 1977 and/or the regulations

Until such time as these sections are indentified the defendant cannot please to the allegation referred to above.

I just need some help with how to respond to these points. I did complete a full poc, as per advice given on this site and enclosed the spreadsheet with schedule of charges. I guess point 4 needs me to clarify the sections in the UCT act. Also what do I do about the case management side of things. I want this to go small track as it is only for £1200.

Thanks in advance and sorry to be long winded - I didnt want to miss anything out!
Ali

NATTIE · 7th February 2007 18:16

have a look at CPR part 18 and the alternative response to the allocation questionnaire icon

. It is a standard response from Cobbetts

**allisonedwards** · 7th February 2007 21:22

Hi
Sorry to sound stupid, but I have been reading about CPR18 and I dont know what that is. I have received my defence today from Natwest icon

and also an aq icon

from the court. There is no mention of CPR18 but I wanted to be up to date in case it is mentioned later!
I have read all the posts so I know what to do if it comes up, I just dont know what it is!
Thanks Ali

NATTIE · 7th February 2007 21:29

Civil Procedure icon

rules part 18, just asked in the chat room and got the answer

**allisonedwards** · 7th February 2007 21:32

Thanks very much Nattie

They havent mentioned it in their defence so hopefully I wont have this one to deal with!

Cheers Ali

**allisonedwards** · 7th February 2007 21:36

Hi Nattie

I just replied to you on the CPR part 18 icon

question, so thanks as well for the reply here - you are very helpful!

As my defence hadnt mentioned CPR 18, do you think I still need to respond to Cobbetts questions or just acknowledge receipt of their defence? They have asked which sections of the UTC act I am referring to and I dont know whether I need to answer them at this stage or just acknowledge defence.
Thanks again
Ali

NATTIE · 7th February 2007 21:38

nope, because you will get your own allocation questionnaire icon

from the courts

**allisonedwards** · 7th February 2007 21:52

Yes I received my aq icon

from the court today as well. I will just send that off to the court at this stage then.

Thanks again.

NATTIE · 7th February 2007 22:15

have a look at the approach to the aq icon

I think it is an alternative one where you ask them to provide you with proof of the costs

**allisonedwards** · 9th February 2007 12:00

Hi All
Sorry been away and just logged on again.
Yes I love the antiques roadshow idea - we could all make more money out of the banks in years to come with our original and genuine Stuart Higleys!!
My Dads claim is for £3000 with interest icon

.
He has got very irate about the whole thing (probably due to my ranting over the past few months) so he is going to send his lba icon

this weekend.
Ali

**steven4064** · 9th February 2007 12:58

Quick update - got a letter from Stu this morning with the usual load of tsoh but with an offer of £1415 which is everything we asked for (minus interest icon

) and that in response to our Initial Letter requesting payment - no hassle, no nothing.

So Nat West is on the run it seems. So keep going!

**allisonedwards** · 9th February 2007 14:17

Brilliant news Steven4064
Will let my Dad know.

Dont forget to keep all the letters for the Antiques Roadshow - see you there!

A

**thecornflake** · 9th February 2007 15:16

Originally Posted by steven4064

You know the well-known character from the "Bank wars" of 30 years ago and winner of "I'm a celebrity get me out of here" after Nat West went bust". One can dream....

And what a dream. That image will keep me happy until home time now.

Thread: Alison V Nat West *WON***

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