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Scissorheart v Natwes - Dealing with Cobbetts - **WON**
Hi folks
This has all happend fairly quickly so let me keep its as sweet as possible
1. Got Bank Statements, sent first letter.
2. "We think it's fair balah blah **** off we aint giving you your money back"
3. Second Letter Sent
4. Reply Says " I note that you are now to initiate legal action and can I please remind you that the address is that of our registered Office, below. I have alerted our lawyers and litigation department of your intention.
Again I am sorry that you have chosen this route but I am grateful to you for letting me know - Stuart Higley"
Is this a standard response? The haven't budged and refused to even part refund?
I got absolutely nowhere with Stuart Higley, the preliminary approach and the lba were both promptly rejected so I'm now going down the Moneyclaim route. Mine is for £1200.
I got the exact same response from the same person. I have recently started a claim through moneyclaim. I got my notice of issue in the post today. Here we go....
Ditto, I got exactly the same responses from Mr Higley. They have until Friday and then I will be logging my claim through MoneyClaim too!! Not like I can afford it, but you have to speculate to accumulate!
Firstly, I have made a slight error on my court claim against Natwest. All the letters etc went to them in order but stupidly, I put Lloyds TSB on the form (as I am trying to reclaim from them as well) and the court notice shows Natwest's address etc but says the claimant is Lloyds TSB. They have actually acknowledged the claim however. Is this going to screw me up do you think?
Secondly, I have no control over my current account. For certain reasons, I pay £100 pund a month into what used to be my current account and this literaly offsets against the outsatnding loan balance. Therefore, when NatWest eventually pay out, will they stick it into this account? If so, it will offset against my loan and I do not want thiis to happen at all! Can I write them a letter insisting that I want it in the form of a cheque or can I open up a new cash card account and insist that any funds settled in court get paid into this account?
Re: I am in a bit of a pickle! Please - any advice?
You need to return to the court in person to remedy this situation, you may have to start a new claim as putting the wrong name for service on the court document is the sort of error that could cause your case to be dismissed instantly, you can presumably see why it would cause confusion to court staff and judges. They need exact name and address to process your claim.
As for the payment, I can understand why you aren't keen for the money to go into that account but alot of settlements are paid straight into the account that is in dispute. However, some recent cases that have been handled by Cobbetts (NW solicitors) have been sent a cheque in the post. If you get to this stage, and you are offered a settlement, you might be able to ask for a cheque.
Lots of people are in this dilemma and are philosophical about returned charges being used to clear old overdrafts etc and for your future financial health it is worth considering.
The court staff are usually very helpful so do go and sort this out with them in person.
good luck with the pickle!
kate
Good luck
Cobbets have sent me their big old defence package. I am a bit confused now. Do I need to send them something back? A few things bouncing round this forum seem to suggest that i do.
Hi Rob,there 's about 4 of us at this stage in our claim,Cobbetts will have sent you the same doc as us.Turn the last page back(crafty) on itself...does it say?
Part 18 does not apply to the small claims track.(CLAIMS UNDER £5,000)
Barracad says<
There is no need to respond to part 18 requests other than to point out that you consider that the inquiry is intimidatory as part 18 is excluded and that you intend to bring the intimidation to the notice of the court.>
hopefully you will get your money back soon
Tim
So what exactly do I have to do now then? Do I have to send anything back at all? I have a kind of beige form that needs sending back so do I just say something like
"Under the CPR part 18 request, I am not actually obliged to provide such information as it is not a prerequisite of a small claim cout proceeding"
I am a bit lost folks.
Rob
Is this the extent that they go to!??? It's well dodgy!
Rob,does it say CPR Part 18 on the form from cobbetts??
mine did but i havent any beige or any response form to fill in!!
Anyhow this is a copy of my letter to cobbitts (just sent by post 6th july 2006)
I Acknowledge the receipt of the defence posted on behalf of National Westminster Bank plc.
I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request.
Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court.
However, for clarity, I confirm the charges I am claiming were applied to the following account:
Account Name: *******
Account number: Nat West Account:******
Please also find enclosed a Breakdown of all charges I am claiming
*********Breakdown of charges here********************* ****
Plus interest Calculated from date of court issue 31/05/06 to 04/07/06 at £18.56 at 8% plus court fees £120.00
Total Amount claimed to date 04/07/06 (ongoing at 8%) £2748.52 (my claim)
Its the allocation questionairre that I have (the beige form). Does that need to be sent to my local county court? If so, they haven't given me a forwarding address!?
Or does it go back to Northampton? (Or cobbets for that matter!)
The aq must be returned by the deadline stated. This needs to be returned to the court and, depending on the value of the claim, there may be a fee to pay.
Ignore the Part 18 request - there is no need to respond to this.
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)
< Does that need to be sent to my local county court? If so, they haven't given me a forwarding address!?
Or does it go back to Northampton? (Or cobbets for that matter!)>
Ive asked this question but no one has replied as yet!
I think (?) that it now goes to your local court and i was waiting to hear from them
as ive said..Ive not had this beige form!
When you receive the allocation questionnaire it will say which court your case has been transferred to.
This is where you return the form to, along with the fee if applicable.
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)
For your information, it has to be sent tou YOUR local county court. You get a letter from HMCS at around the same time as Cobbitts and the front sheet has your County Court's address printed on it.
We note your comments on the Request for Further Information. Please note that Part 27.2(f) appiles subject to paragraph 3 of part 27.2 which states that the Court of its own iitiative may order a party to provide further information if it considers that is appropriate to do so.
It is our clients contention that your Particulars of Claim do not properly particularise your claim. For example, our client cannot properly defend a claim where you have not given your account details and the details of each charge you claim is disproportianate and unreasonable.
The court is bound by an overiding objective to deal with cases justly and ensure that parties are on an equal fotting. It is clearly the case that our client cannot respond to your claim where you have not provided sufficent particulars. Our client objects to your allegayion that the request is intimidating.
Accordingly, on allocation of this matter, we will be suggesting that the case management directions cannot be proposed until you serve a full and detailed Reply to our Request.
Scissorheart v Natwes - Dealing with Cobbetts - **WON**
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