goldie wheeler vrs Natwest, ***WON***

**goldie wheeler** · 16th April 2007 12:12

just wandering if you can help??our case went to court on 26.3.07 but we had a letter saying that they didnt know what the case was about!! Cobbetts their solicitors hadnt obviousley forwarded our file to Cardiff Court!!(we are claiming approx £5370 from Nat West in Bank Charges). Now it is going to court again and the court has asked for all statements and docs again!! by this Friday. Cobbetss want to throw the case out of court. We already have paid £240 for this case to go to court.What do we do now??

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**livelylad** · 17th April 2007 08:11

Originally Posted by goldie wheeler

just wandering if you can help??our case went to court on 26.3.07 but we had a letter saying that they didnt know what the case was about!! Cobbetts their solicitors hadnt obviousley forwarded our file to Cardiff Court!!(we are claiming approx £5370 from Nat West in Bank Charges). Now it is going to court again and the court has asked for all statements and docs again!! by this Friday. Cobbetss want to throw the case out of court. We already have paid £240 for this case to go to court.What do we do now??

Hi I have moved your post here so you can be advised.

Ok can you list what you have done please just a brief outline.
Please post a copy of your POC icon

Please post any orders you have from the court.
What was the hearing ?
What did the Judge say?
Did you submit a court bundle?
why are Cobetts asking for the case to be thrown out?

**goldie wheeler** · 17th April 2007 12:09

Well we have done everything by the book really. We have followed the instructions step by step until now-am lost. Nat West stated that the POC icon

was embarrassing and that they were sorry to hear that we were claiming- all the usual stuff u know? AS the court has been moved from northampton to cardiff to carmarthen -we have sent a few bundles and sent everything to Cobbetts to cover ourselves.
Weve had a Notice of Acknowledgment of service from Northampton court 23.11.06 ; We had a notice of transfer of proceeding on 15.12.06 to carmarthen court;
15.12.06 cobbetss send the defendants defence saying it is denied that the claimant is entitled to the relief claimed, and saying that the defendant will apply to the court for an order striking out the POC.The defendant embarrased by lack of POC!
3.1.07 we received an allocation questionnaire icon

completed by nwest/cobbetts. Notice of transfer of procceding to cardiff court on 12.1.07. General Form of Judgment order recvd 23.1.07 - the court has made this order of its own initiative without hearing - case on march 26th 07 in cardiff. We sent all paperwork again-written representation.
31.3.07 - general form of judgment or order asking us to serve and file a schedule of bank charges(again!!!) for reimbursement to incl dates/charges/reason for reimbursement . States also there will be a stay until 4pm on 18th may and then the defendant shall serve an amended defence by 4pm on 1st june 2007! last point states that the claim be restored for directions hearing at cardiff court on 14th august before judge hickinbottom.
We started this claim on august 22nd last year.
Dont know what to do now- send everything again to cardiff court for the last time? am fed up now.many thanks for your reply earlier.x

**Parkvale** · 17th April 2007 12:40

Very close to the winning post now. http://www.consumeractiongroup.co.uk...hearing-4.html. Have a look at this. Good luck.

**livelylad** · 17th April 2007 16:28

Hi ok the way forward I think is for you to send a strong letter to Cobetts asking them to settle, I have drafted a letter have a look please. Include a schedule of bank charges as directed to the court, also I would like to see your POC icon

and can you post the latest order as its written please.

(includ addresses,ref etc)
Dear

I am writing in response to the Court Order dated xxxx issued by Judge xxxx at xxxx court in respect of claim xxxx.
I again request that you settle this claim in full within 1 week of this letter. The amount required to bring this action to an end is £xxxx. This includes interest icon

and applicable court fees. I will accept no conditions to this settlement.

I am sure that you will agree it is in the best interests of all concerned to settle this matter without incurring any further costs or wasting court time.
I have enclosed as directed a fully particularised schedule of all charges and interest, a copy of this letter and the schedule will be sent to the court.
If you decide that you wish to decline my offer of a settlement then I suggest that you let me have your amended defence directly as well as filing your copy with the court.

If you fail to settle this matter within one week I will request the removal of the stay and inform District Judge xxxxxx that you have made no attempt to resolve and settle this case.

This offer will remain valid for 7 days after which I will proceed with the application to have the stay removed.

Yours sincerely

**goldie wheeler** · 17th April 2007 18:33

Thank you so much for the fantastic reply. Here is the latest 'General Form of Judgment or Order' we received:

Before HIS HONOUR JUDGE G HICKINBOTTOM sitting at Cardiff county court icon

, Cardiff, 2 Park Street, Cardiff, CF10 1ET.
Upon neither party attending
IT IS ORDERED THAT
1. The claimant shall by 4pm on the 20th April 2007 serve and file a schedule of bank charges for which reimbursement is claimed to include
(i)the date of the charge
(ii)the amount
(iii)the reason for the charge as disclosed by the Defendant in (for example) bank statements and
(iv)the reason reimbursement is sought.
2. There shall be a stay until 4pm on the 18th May 2007.
3. The Defendant shall serve an amended defence by 4pm on the 1st June 2007.
4. the claim be restored for a Directions Hearing at Cardiff Civil Justice Centre on Tuesday 14th August 2007 at 10.30am before His Honour Judge G Hickinbottom.

Dated 26th March 2007

What do you think of this?
thanks and regards.

**goldie wheeler** · 17th April 2007 19:31

Hi its me again.
Sorry but I missed the other part of your requirement.
When you requested the POC icon

, unfortunatley, I had to do this in my own handwriting, as my PC was out of bounds and couldnt copy and paste for some reason or other, but I used the POC template on the monsysavingexpert.com site, adding our charges and our own amounts. Does this help at all?
Then we wnt online with the claim but as it amounted to over 5k they told us it had to be dealt with in the court itself.

Hope this is of some help to you??????im quite scared of this whole thing by now as i dont understand a lot of the terminology.

best regards.

**Parkvale** · 18th April 2007 07:36

That general form of judgement or order looks quite straight forward. They seem to be trying to help you. The court that is. Just do as they say and Cobblers have no chance of striking out the case. Don't be to fazed by the legal jargon. You can always ring the court and ask them any general information you don't understand. Good luck.

**livelylad** · 18th April 2007 07:50

Yes I agree the order is in your favour, you need to comply with the order. Send the letter I drafted for you hopefully this will nudge cobblers. But you must comply with the orders should cobblers not respond positively.

**goldie wheeler** · 18th April 2007 09:59

Thank you both so much for your kind help and support don't know what I wouldv'e done without your advice. Will let you know what happens next.

Thanks again.
x

**Parkvale** · 18th April 2007 11:53

Pleasure, don't be scared to ask. Loads of helphere. Good luck.

**goldie wheeler** · 16th May 2007 18:08

Hi its me again!
Well unfortunatley I haven't received a cheque as yet.
I sent the letter which livelylad advised me to send - I got an immediate response but not the one I was hoping for! Unfortunatley I had mis-calculated the interest icon

and had to send a revised schedule of charges. I did immediatley and received another letter from Cobbetts (Cobblers!!!) dated 23rd april saying that 'our client will be in a position to discuss further your offer to settle in your letter dated 16th April 2007.'
I haven't heard another word.Any suggestions please??
Am seriousley fed up with it all but want an end to this now. I feel that I made a terrible mistake when I mis-calculated the interest and don't know how the hell I managed that but thats it I did!!
i think i have jeopardised it all now.
Can anyone advise me please?
thankyou.
x

**hedgey06** · 16th May 2007 21:28

Bump .......... for a mod or one of the 'court crew'.

**fendyweather** · 16th May 2007 21:46

Tomorrow, first thing,, ring Cobbetts. Speak to the person who last sent you a letter about this. Be nice, but not grovelling, explain, it is in both your interests to settle this now, if they disagree, then we all know they wont turn up for court, so dont panic. But at least you can try calling them and see what they say. ?? then post back on here and one of us will be here to advise from there. But whatever you do, dont sound desperate............ just like you are trying to settle before court so the judge can see you have both tried to negotiate this prior to hearing. Keep your cool, and ring them, and be calm, but bold and brave. Youve nothing to lose, and dont worry, the judge wont throw something out just because Cobbetts say he should. They have no power or control over what the judge decides, and if theres anything missing with your claim and the court are thinking of striking it out, they would tell you first, so you have the opportunity to amend it. So dont worry........... really. xxxx

**goldie wheeler** · 17th May 2007 16:58

just come back from work and am going to ring them now. x

**fendyweather** · 17th May 2007 17:15

Ok great, but dont grovel, just remind them of the date. Fendy xxx

**goldie wheeler** · 18th May 2007 17:55

well have phoned them five times and left messages, yesterday and today - the switchboard said they're moving offices!!!! and said to ring back monday to which we said to the lady on the switchboard that thats what was said yesterday. Also they said that they weren't supposed to give out their names!! it all sounds v dodgy to me.
x

**goldie wheeler** · 21st May 2007 18:15

can anyone help please? have phoned again today and left a message again - got through to switchboard and they transferred the call and then nobody answered so left a message again. what is the best action to take now?
thanks

**podgydad** · 21st May 2007 22:55

Originally Posted by goldie wheeler

can anyone help please? have phoned again today and left a message again - got through to switchboard and they transferred the call and then nobody answered so left a message again. what is the best action to take now?
thanks

Phone and ask for the e-mail address of the person dealing with your claim, who are your letters addressed from? I normally e-mail them and they get back to me within 48 hours.

**corsicanpine** · 22nd May 2007 01:26

Just reading through your thread, GOOD LUCK!

You seem to be getting some good advice, stick with it!!

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