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Ok today is the last day for NW to file a defence having acknowledged my claim for approaching 5k
Since the MCOL appears to refuse to let us enter judgment online for days after the time limit has expired I'm sending the request for judgment to them by post today so it is in their mail bag tomorrow morning and will hopefully be actioned as soon as it is possible to do so.
Maybe the court will also have the defence in its mailbag today or tomorow - We'll see Who knows what I might find in my post at home when I get in from work !!
Exactly. They are running the service defence. Thats great because I'm ready for that one and it means that the bank are not pleading and therefore not going to be able to lead any evidence of their costs so if the judge does find that their so called service charges are in fact penalties they wont be prepared to deal with that and give any evidence of what the true cost is.
Its a stock defence and part 18 request being knocked out by a solicitor who, looking at the law society website, has only been qualilfied for 5 minutes
Anyway I'm off to prepare my reply to the Part 18 request and my own request to the bank asking for full detasils of each and every service referred to or specified in the banks T&Cs (there are none) and details of each and every service provided in respect of each and every charge applied. I find it hilarious that they ask for details of the accounts (already set out in full in the letter before action which they have) and details of each and every charge (already set out clearly on the statements - copies of which they also have). If this is the best they can do then I'm going to enjoy this.
If this is in small claims you don't have to reply to the CPR 18 request. However I suspect you already know this but are replying in order to put forward your own request.
Also i think you replied to my post on the other CPR rule abotu notices to admit facts - It would be interesting if you were prepared to try using that as well.
It sounds like you have prepared well against the service charges argument - can you let us know what you main points are (if you're happy to risk posting it here!)?
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If you have found this post (or any other post) useful ensure you click on the scales in the top right of that post to give credit where credit is due.
As ever, with (I believe most if not) all advice given on this website, I am not qualified to give any advice and you are duly warned that any decisions are your own decisions made on your own account and no liability will be accepted for any advice followed ! Use your own judgment. Seek advice of a qualified, insured, professional if you have any doubts.
Nice one. Tremendous to have a victory against Natwest. I'm very surprised they didn't go to court though, considering they have done and won in both cases.
What did you do differently from the templates if anything? Possibly the wording on the allocation questionnaire did it?
If you found this post useful please click on the scales above.
Egg - £400 - Prelim sent. On hold.
Mint - On the list Est £800
GE Capital - On the list (3 accounts!) Est £4000
MBNA - £545 Prelim sent 13/11/2006
LBA sent 1/12/2006
£350 partial payment received 18/12/2006. Full settlement received 20/1/07
NatWest - Est £4000 not incl interest
Data Protection Act Sent 10/1/07
Statements received 24/1/07
Prelim sent 3/2/07 Full Settlement received 22/2/07
The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional
Congratulations!! (Thread title changed as requested)
Originally Posted by thecornflake
I'm very surprised they didn't go to court though, considering they have done and won in both cases.
If you're referring to Whizzkid & NeilP - these were set-aside hearings not actual claim hearings. Apart from that there has been one case, but that was a long time ago before we had all the support and info we have available now.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
Original Claim (9 months charges) put on hold. 25/5
Data Protection Act 6 Years Statements request sent 26/5 (Sent recorded, Lost! Claimed from Post Office 14/6)
New DPA handed into local branch 14/6
LBA for DPA sent 26 July
Dhum dhum dhum, another one bites the dust. Great result - well done!
Alecto, Magaera et Tisiphone: Nemesis on Earth is come.
All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Nice one. Tremendous to have a victory against Natwest. I'm very surprised they didn't go to court though, considering they have done and won in both cases
Sorry for hijack, I need to clarify this.
They have?
To the best of my knowledge, Natwest have defended only once and won (Henry v Natwest) and haven't dared try it since. Can you advise what other one was and your source?
Barracad: If you're referring to Whizzkid & NeilP - these were set-aside hearings not actual claim hearings.
That was Abbey, and it was not a win for the bank, that's for sure!!!
Now back to the regular programme:
CONGRATULATIONS!!!
.
Apologies to people who I was in the process of helping, I may be gone some time.
When you want to fool the world, tell the truth. Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any
doubts.
Congrats from a fellow 'settled'!!! Guess the drinks will def be flowing this w/end!
Settled Claims:
Abbey: £4025 Claimed 27/02/06 - Paid in full 19/06/06
NatWest: £4529 Claimed 10/05/06 - Paid in full 1/08/06
Halifax: £1150 lba 18/05/06 - Paid in full 07/06/06
Natwest CC: £420 Initial letter 25/07/06 - Paid in full 08/06
Woolwich: £1100 Paid in full 28/2/07 + Default removed
NatWest Pt 2: £1700 Claimed 10/05/06 - Paid in full 7/2/07 + Defaults removed
They have?
To the best of my knowledge, Natwest have defended only once and won (Henry v Natwest) and haven't dared try it since. Can you advise what other one was and your source
The second was a much earlier one often quoted here but I'm not sure if the original claimant posted details themselves.
TBH I'm not sure why they didn't go to court again after Henry vs Natwest but there you go. i was getting worried after that one but rbrears success has now destroyed my doubts.
My reason for being mildly cynical is that if I claimed the full amount from my NW account it would add up to around £12,000.
At the very least I shall be claiming the small claims limit of £5,000 and I really can't afford to lose the moneyclaim costs so I have been watching any Natwest cases with great interest. Hence wanting to know if rbrears letters differed from the templates at all.
If I start feeling confident enough I may just risk it all and go for the full amount plus associated losses and damages.
If you found this post useful please click on the scales above.
Egg - £400 - Prelim sent. On hold.
Mint - On the list Est £800
GE Capital - On the list (3 accounts!) Est £4000
MBNA - £545 Prelim sent 13/11/2006
LBA sent 1/12/2006
£350 partial payment received 18/12/2006. Full settlement received 20/1/07
NatWest - Est £4000 not incl interest
Data Protection Act Sent 10/1/07
Statements received 24/1/07
Prelim sent 3/2/07 Full Settlement received 22/2/07
The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional
Think it was my amended particulars of claim and part 18 request that probably swung it - apart from the banks not having a leg to stand on that is. When I get the cheque I will post the text for use by other NatWesters or give it to BF to do with as he wishes since I suspect it will apply to similar T&Cs from other banks
Many thanks for the congratulations. It feels good to have that cash back.
rbrears v Natwest ::: SETTLED IN FULL
having acknowledged my claim for approaching 5k
Who knows what I might find in my post at home when I get in from work !!
Reply With Quote
Re: Last day for Nat West today
Originally Posted by thecornflake
CONGRATULATIONS!!! 
