Thread: smiffie V's Natwest ***WON***

Hi All,
This is the first time for me. I am in need of help, today I received a defence from Natwest, this is what is on the defence, any help would be appreciated.

1. This Defence is filed and served without prejudiced to the defendants case that the particulars of claim do not disclose reasonable grounds for bringin a claim against the Claimant to recover the bank charges (and interest thereon) referred to in particulars of claim or any other sum(s). In the event that the claim is not properly particularised then the Defendant will apply to strike out the claim and/or for summary judgement in respect of the same.

2. On allocation the Defendant invites the court to direct that there be a case management conference in order for the court to consider the making of appropiate orders to give the Claimant the opportunity to properly particularise the claim.

3.without prejudice to the non-admission set out in the foregoing paragraph, if and to the extent that the Claimant proves the allegation that the Defendant debited charges to the Claimant's bank account, insofar as such charges were debited on date or dates more than six years prior to the issue of this claim, any remedy in respect of the same, whether damages, restitution or otherwise, is barred by the operation of the limitation act 1980 and/or the doctrine of laches and the Defendant will apply to strike out this aspect of the claim and/or for the summary judgement.

4. No admissions are made as to what charges have been debited to the Claiments bank account.

5. 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 ("UCTA 1977") and/or the Unfair Contract Terms in Consumer Regulations 1999 ("The Regulations") and/or the common law, the Claimant is required to identify:

5.1 (a) The section(s) of the Unfair Contract Terms Act 1977 ("UCTA 1977"); (b) the regulations of the unfair Contract Terms in Consumer Regulations 1999 ("the Regulations"); and (c) the principles of common law relied upon by the claimant in elleging that the contractual provision(s) referred to are unenforceable; and

5.2 The contractual provision(s) that the Claimant alleges are invalid by reference to UCTA 1977 and/or the Regulations. Until such times as these sections/regulations/provisions are identified the Defendant cannot plead to the allegation referred to in paragraph 5 above. The Defendant therefore reserves the right to plead further to the allegation once (and if) the Claimant identifies the relevent contructual information.

6. Save as hereinbefore appears the Defendant joins issue with the Claimant on the claim(s) and denies that it liable to the claimant as alleged or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true. I am duly authorised by the Defendant to sign this statement.

Solicitors Signiture

Please can anyone advice me what to do next. I sent spreadsheets of all charges and interest owed to my husband and I to Natwest and the court. What should I right back, what should I do now.
Thank you for any help.

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Thank you fendy,
I have been trying to find all the legal jargon on the web, I am not sure what to send back with the aq at the moment. I am very pleased (In a nice way) that I am not the only one to have got this. Once again thank you so much for your help. I will update. I have been claiming this since October 2006. xxXxx

Originally Posted by fendyweather

Hiya, I got exactly the same word for word today. No panic. You dont have to do anything. By rights you do nothing. Just wait for defence and AQ from court.

If you want to, you can send another copy of your charges to Cobblers (the twits), with a letter basically saying you dont have to reply to them, but out of courtesy you are enclosing a further copy of your charges Breakdown spreadsheet, blah blah blah, but you dont have to do anything. You wait for the AQ and copy of cobblers defence from court. No worries. Its just scare tactics. Theyre trying to blind you with legal jargon. Dont be suckered in. Theres nothing to worry about.

All the best. Hold your nerve and wait for court to send defence and AQ. We can all hold your hand the whole way down the line. Dont worry.

Fendy xxxxxxxxxxxxxxxx

Just the usual trollop speak from Cobblers.

Hi Fendy,
Yes I sent POC to my local court and my local Natwest branch as I did not have the natwest solicitors address at that time, so you recommend that everything gets sent to Cobbetts from now on? I sent spreadsheets with all charges and interest on the day I sent the NI form. I am now photocopying all my bank statements to send with the aq as the solicitor has asked for proof. Thank you for your very quick reply. Its noce to see ppl supporting each other. How do I defend Natwest's statement of negletance? I would love to be experienced enough to help others, I have done the 1st stage on my own from help from Money Saving Expert and CAG. Thank you for all your help.

Thanks Fendy,
The Defence has come staight from Cobbetts not the court. I will send a copy of spreadsheets of on Tuesday to the solicitors. I am a bit nieve here but how do I actually PM, do I go into my details and do it from there? How do I get the mods PM? Sorry but I have never done this before. Once again Thanks for all your advice.

Fendys spot on as usual. Normal cobblers from cobblers.Statement of negligence ?
Can you post this on the site, but delete your name, address, account number etc.
http://www.consumeractiongroup.co.uk...stions-pm.html.
.http://www.consumeractiongroup.co.uk...ost436526These might help you. Good luck.

Thank you Parkvale and Fendy. I today went up to my local court, good job I did as they have told me that they have not received any defence papers back from Natwest they had up until 4th April to supply to the courts, so I signed the form for Judgement. I am now waiting to hear from the court. I think that Natwest will appeal (more delaying tactics), if they do I am going to find out if I can appeal against thier appeal as I believe Natwest has had long enough now to reply and send in thier defence. Thank you both for all the help, I am sure I will need more soon. I will keep you updated as and when.

Quite amazing. Cobblers seem to be slipping. They are 8 days late. The DJ might give them an extra week. The judiciary tend to avoid default judgements if possible.
Especially the bank charge cases. So not long to wait now.

Hi Parkvale,
I understand some of what you are saying but would you be kind enough just to let me know what you are meaning when you say "The judiciary tend to avoid default judgements if possible"?
Sorry I just feel a bit dim at the mo as I have been doing this since October and over the last week I have been sorting it out every day. Are you saying that the Judge will be for Natwest or against? Every little helps. Thank you Parkvale We were informed by the gentleman that adviced us to apply for Judgement by default that Natwest can send in the defence while our paperwork is going through the system. We also asked if we can add on charges that the bank has charged us up to date as we put "ongoing" when we sent in the claime form in, the gentleman said that we should claim what we did on the claim form which is £7,052.00 with interest but we could ask in writing for this, which we did do. We will have to wait and see what happens.

Hi Fendy,
We was not asked if we had received any documents so we didn't mention this. If we are asked by the judge then I will be honest. You only have so many days to claim for judgement so it would be worth asking the court when Natwest should have sent in thier defence by. We got a Duplicate Default by Judgement sent by the court so this made me think and that is the reason we went to the court no point having to run up and down to court so we decided to do 2 jobs in 1 visit. I am disabled, I can not walk very far and standing really hurts my back, so going back and forth to court leaves me in severe pain. I am not expecting any good at the mo as we are dealing with Natwest!!!!! Just check with the court Fendy to check the date that Natwest should have sent in the defence I would hate for you to have your claim thrown out. Good Luck.

smiffie,
The courts would rather trial a case than default it. I suppose their there to see justice done. I had a default judgement against GEmoney. Have a read it will make you chuckle http://www.consumeractiongroup.co.uk...g-e-money.html

Hi Parkvale,
I have read your judgement against G.E. Isn't it nice when the tables are turned? I don't think I would like to sign the letter tto have the judgement removed lol. All the people they have had judgements on, would they remove the judgement for them? NO!!!. Well done. I am not building any hopes as there is still a long way to go, there would be with Natwest!! we have been customer's with Natwest for 30 years, its a shame we can't claim back charges for all the time we have been customer's (not that we have charges for that length of time, imagine what they would have to pay back). Thank you for letting me have a look at the site of your's, it does help. I am not going to give up as the money is rightfully ours. Will keep you updated.
smiffie xxXxx

Good on you.Good luck.

Hi All,
You would never guess what has happened this morning? I received a letter NOT FROM Natwest'S SOLICITOR BUT FROM NATWEST saying that they are sorry to hear of my complaint blaaaaaaaaaah blaaaaaaaaah blaaaaaaaah they have said that they will offer me "As a gesture of goodwill £5000.00" I had the same letter back in January but for a smaller amount. What is going on!!!!! Natwest need to communicate with their solicitor's. I have applied for Judgement, not heard anything on that yet. Just thought I would make you all laugh on a monday. Good Luck everyone.
Luv
Smiffie xxXxx