Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
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Would this help? It has the relevant acts, sections thereof and the appropriate bits of Natwestterms and conditions.
I am having brain overload here. I have my aq(N150) and there are various letters on this site that are being encouraged to be sent to the judge along with my completed N150. I also have received a letter from Cobbetts informing me of their Defence and Request for Information, which i know they should have, as I sent it registered post to Natwest. Now what is the best course of action here, as I find your letter very information and basically cancels out any CPR18.
I was thinking of just resending to Cobbetts via the courts, rather than direct, Prelim letter, lba and spreadsheet. Is your letter sufficient? Or do I do a CPR18 Letter to Court, along with a Draft of Particulars?
2. The draft order you can find in the 'new strategy for allocation questionnaire' thread is pretty good, if you're small claims.
3. Did you send the full info to Nat West with your claim - or did you go MCOL? If the latter, then cut through the crap - send the spreadsheets and all info straight to Cobbetts. I know they should have it, because you've sent it to Natwest, but it seems they're inundated.
4. Unfortunately, StoneLaughter is correct: they're sending the same old standard crap out every time.
5. By all means submit your own CPR Part 18 request. I'm drawing one up myself to send them and will post it on my main thread. feel free to make use of it (on a strictly non-commercial basis!)
6. Communicate directly with Cobbetts and copy the court in, if necessary (responses to inadequate offers and normal correspondence needn't be copied), except when you have to reply to the courts, when the process should be reversed. My very, very strong recommendation is that you use Special Delivery: it guarantees next-working-day delivery and has to be signed for. Recorded/registered have a much longer time scale and you may not know if there's been a problem for weeks.
7. Enjoy yourself as much as you can! Read lots - especially - successful threads.
Best wishes
W
Westy
If you like my post, click the scales!!
Nov 1 2006 Preliminary letter 21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!
Read all about it: natwesttookmymoney - v- NatWest
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Re: wehavetheright VS NATWEST Defence Filed
Westy,
When you send that reply above to Cobb defence, do you
1) send a copy to the court as well?
2) submit it on a form or just as a letter?
3) If just as a letter, do you put Particulars of claim on the heading as one has already been sent in, or put 'reply to cobblers defence ( or summat else?)
I sent the original to the Court and copied-in Cobbetts.
I submitted it as a letter and in the form of a response and draft order (as they hadn't addressed the claim). What I missed out from the draft order was reference to CPR Part 16, whcih covers what should be in the defence. that may be why I didn't get my strike-out.
I put 'reply' at the top.
have a look at my main thread for the details.
Hope that helps
Westy
Westy
If you like my post, click the scales!!
Nov 1 2006 Preliminary letter 21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!
Read all about it: natwesttookmymoney - v- NatWest
You can get to any posts, and any threads started by anyone, by clicking on their tag to the left of the box. Scroll down the screen until you see, on the left hand side of the frame 'see more posts by this member' and 'see all threads started by this member'. Click on that one and it will be come self-explanatory.
As a matter of interest, if you read through it all you will see me progress from cacking myself to the smooth, suave and sophisticated CAGer you see before you now!
Westy
Westy
If you like my post, click the scales!!
Nov 1 2006 Preliminary letter 21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!
Read all about it: natwesttookmymoney - v- NatWest
2. The draft order you can find in the 'new strategy for allocation questionnaire' thread is pretty good, if you're small claims.
3. Did you send the full info to Nat West with your claim - or did you go MCOL? If the latter, then cut through the crap - send the spreadsheets and all info straight to Cobbetts. I know they should have it, because you've sent it to Natwest, but it seems they're inundated.
4. Unfortunately, StoneLaughter is correct: they're sending the same old standard crap out every time.
5. By all means submit your own CPR Part 18 request. I'm drawing one up myself to send them and will post it on my main thread. feel free to make use of it (on a strictly non-commercial basis!)
6. Communicate directly with Cobbetts and copy the court in, if necessary (responses to inadequate offers and normal correspondence needn't be copied), except when you have to reply to the courts, when the process should be reversed. My very, very strong recommendation is that you use Special Delivery: it guarantees next-working-day delivery and has to be signed for. Recorded/registered have a much longer time scale and you may not know if there's been a problem for weeks.
7. Enjoy yourself as much as you can! Read lots - especially - successful threads.
Best wishes
W
hi Westy
1. Yes, approx £12K
2. Yep read and got some good guidance from it
3. Resending direct to Cobbletts and also sending copies to the court
4. Yes I see they are - and its good that more people on here are also seeing the same letter being dished our by Cobbetts,as it gives encouragement to keep going
5. I have also drawn up my own, you can see it under Letter to Court Requesting CPR18 thread
6. Totally agree with you
7. Oh I cant stop laughing at the tactics the banks and Cobbetts are taking, amazes me how they try to scare people off, but dont realise its actually encouraging more litigation claims against them
Thanks for your kind words and will keep you informed of my progress. I know that with the size of my claim, Cobbetts will defend it more vigorously.
I, too, am approaching £12K. So we're in similar situations.
As for defending vigorously - no sign of that, yet. If they fail to file an adequate defence, I'd strongly recommend you apply for the defence to be struck out under CPR16 (I'm pretty sure it is) and 27 - likely to fail in court. Do it early and do it hard.
W
Westy
If you like my post, click the scales!!
Nov 1 2006 Preliminary letter 21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!
Read all about it: natwesttookmymoney - v- NatWest
Nov 1 2006 Preliminary letter 21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!
Read all about it: natwesttookmymoney - v- NatWest
I, too, am approaching £12K. So we're in similar situations.
As for defending vigorously - no sign of that, yet. If they fail to file an adequate defence, I'd strongly recommend you apply for the defence to be struck out under CPR16 (I'm pretty sure it is) and 27 - likely to fail in court. Do it early and do it hard.
W
Defence has submitted their aq, which is now with the judge for his consideration - squeeky bum time - as I dont know what the judge will do, I am worried that I havent covered all the bases and that the judge will strike out in favour of the defence. If he does is there any way to have my case reconsidered?
Defence has submitted their aq, which is now with the judge for his consideration - squeeky bum time - as I dont know what the judge will do, I am worried that I havent covered all the bases and that the judge will strike out in favour of the defence. If he does is there any way to have my case reconsidered?
Yes - resubmit a new case with a good POC and a good response to the defence. However it's extremely unlikely that he'll just strike it out, he'll ask you for more info by a certain deadline and if that's not forthcoming THEN he'll strike out.
Thats fantastic Ali, CONGRATULATIONS.
Did you have a court date!
DS
Thanks for the kind words
No - didnt get that far
I did have an Order for Directions put in place when I submitted my aq. When I received the formal Order from courts I submitted my evidence within 14 days.
Natwest : Witholding my statements & adding defaults etc , S.A.R sent Jan/08
Natwest for my partner : £2,101.00 won! Feb/07
Studio Cards : Refund for admin charges £108 Won! Dec/07
Complaint made to FOS for P.P.I Jan/08
Nationwide: S.A.R - (Subject Access Request) sent for statements Nov/07 ( waiting to see what happens in the OFT test case )
Littlewoods : defaulted on CCA request Feb/07
DCA's that crawled out from the woodwork and have crawled back : 28 so far!! My favourite link on CAG: Click here: Can't Find What You're Looking For? Here's A Complete A-z Index - The Consumer Forums
I did have an Order for Directions put in place when I submitted my aq. When I received the formal Order from courts I submitted my evidence within 14 days.
Ali, I am at a similar stage, both Barclays and GM have failed to respond to directions given by the district judge and the consequence was that their defence would be struck out and Judgment given. Therefore, I have requested Judgement in accordance with the order, and I am just waiting for the Courts now as they are snowed under. In any event my court date for both is 30th April.
So did Nat west just contact you or did you contact them and give them a push!! and did your directions give a judgement if they did not comply.
Ali v natwest **WON**
Originally Posted by natwesttookmymoney
Would this help? It has the relevant acts, sections thereof and the appropriate bits of Natwestterms and conditions
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