Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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 a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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  1. #1
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    Default Pinkpopcorn Vs Natwest ***WON***

    Hi,

    Two claims from other banks paid up so far - but this last one is dragging a bit now and with some issues.This claim is for ~£1250.

    20/01/07 Prelim letter sent
    05/02/07 lbaicon sent
    28/02/07 MCOL filed
    28/03/07 'F&F' Offer sent (less interesticon & court fee)
    02/04/07 Defence filed
    04/04/07 CPR request rejected
    15/05/07 Offer rejetion letter sent

    31/05/07 county courticon date (soon!)

    As you can see - we left the rejection letter a bit late as a result of their confused two pronged correspondance with us (defence via cobbets & offer via Natwesticon both on our doorstep within 24 hours).

    Rejection sent today so hopefully will prompt them to close this case before having to take the day off to show up in court.

    Only other problem is that MCOL made an error in converting out data into the official claim.It should be: original charges (a), plus interest (b), plus court charges = total.
    Looking at the claim online it appears the claim is actually: original charges plus interest in section (a), plus a second set of interest in (b), plus court charges. ie total is approx £250 more than what we're after.
    I'm going to call the court manager tomorrow to see what can be done. Any suggestions???

    Thanks & Regards,

    PP

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  2. #2
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    Default Re: Pinkpopcorn Vs Natwest - MCOL interest q.

    Calling the court won't do any harm. You may have to put an amendmenticon to the claim.
    N244icon, unfortunately costs £35 and is not re-claimable. Good luck.
    http://www.consumeractiongroup.co.uk...on-notice.html


  3. #3
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    Default Re: Pinkpopcorn Vs Natwest - MCOL interest q.

    We wrote to the judge and sumbitted a full bundle within the 14 day deadline.

    No responce form Cobbetts since their initial defence & CPR request.
    Called Natwesticon and they insisted they wouldn't raise their offer above the initial claim. No chance of the 8% or court costs. And since we've already declined their offer (as it would mean losing ~£400).......



    Looks like this one is going to be heard in court next Thursday......
    Wish us luck!


  4. #4
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    Default Re: Pinkpopcorn Vs Natwest - MCOL interest q.

    Watch out for flying pigs on your way!

    Steven

    If this post is helpful, please click the scales

    Steven

    Using CAG Toolbar will generate much needed income - Download Here

    Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

    My Wins

    GE Money Won unconditionally May 2007
    NatWest
    Won unconditionally August 2007
    Brighthouse Won unconditionally August 2007
    Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)
    Clydesdale Financial Services (now BPF) Won unconditionally February 2008

    Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

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  5. #5
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    Default Re: Pinkpopcorn Vs Natwest - MCOL interest q.

    Quote Originally Posted by steven4064 View Post
    Watch out for flying pigs on your way!
    ???

    I can appreciate that proceedings in court are rare - but with 3 working days between now and then I can't see an agreement of settlement being made and monies transferred to stop the case going forward.

    What other outcomes could there be between now and the 31st??


  6. #6
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    Default Re: Pinkpopcorn Vs Natwest - MCOL interest q.

    On past experience, Natwesticon will come up with an offer on the 30th. At 3.49. The other possibility is that they have genuinely forgotten you and won't show up. In that case the claim willbe heard without them as in the (now famous) Birmingham Lloydsicon case. In case that happens, make sure you have a copy of the account terms and conditionsicon. If you haven't got te ones from when you opened the account, at least have the current ones (get them from your branch).

    In case it is helpful I wrote a brief analysis of the current T&Cs showing why the charges are actually default charges (here). As the charges are bigger than NW's losses then they are also penalties.

    Steven

    Steven

    Using CAG Toolbar will generate much needed income - Download Here

    Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

    My Wins

    GE Money Won unconditionally May 2007
    NatWest
    Won unconditionally August 2007
    Brighthouse Won unconditionally August 2007
    Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)
    Clydesdale Financial Services (now BPF) Won unconditionally February 2008

    Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

    Please note, I will not give advice by PM. Please
    send a link
    to your thread and I will do my best to answer there.

  7. #7
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    Default Pinkpopcorn Vs Natwest *** WON ***

    Quote Originally Posted by steven4064 View Post
    On past experience, Natwesticon will come up with an offer on the 30th. At 3.49. Steven
    Actually steven, you were wrong. It was 2:14pm.
    phone callicon from Cobbetts askink if we'd drop the case as a cheque was in the post by special delivery which should have arrived that morning!

    Paid up in full

    Very happy - cheque now in the bank ( ) and a photocopy of it on the wall!

    THANK YOU ONE AND ALL!!!


  8. #8
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    Default Re: Pinkpopcorn Vs Natwest - MCOL interest q.

    CONGATULATIONS, another fine win. Good luck.

    A person is only as big as the dream they dare to live.


    Good things come to he who waits


    Its your money taken unlawfully from your account and you have a legal right to claim it back.

  9. #9
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    Default Re: Pinkpopcorn Vs Natwest - MCOL interest q.

    Thanks!
    Can't seem to get my signatureicon to work - but it should say:

    Natwesticon business account -
    --- started 25 Jan '07 - £250 rejected -
    Settled 01 Feb £300 (after Court proceedings started)

    NatWest personal account -
    --- started 25 Jan '07 - £250 rejected - £1200 rejected
    Settled 01 June £1650 (1 day before court date including 8% interesticon & fees)

    Bank of Scotlandicon personal account -
    --- started 25 Jan 07 -
    Settled 20 March £650 (after lbaicon)


  10. #10
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    Default Re: Pinkpopcorn Vs Natwest *** WON ***

    Quote Originally Posted by pinkpopcorn View Post
    Actually steven, you were wrong. It was 2:14pm.
    Ah, well you win one.....

    WIN ANOTHER

    Well done

    Steven

    If this post is helpful, please click the scales

    Steven

    Using CAG Toolbar will generate much needed income - Download Here

    Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

    My Wins

    GE Money Won unconditionally May 2007
    NatWest
    Won unconditionally August 2007
    Brighthouse Won unconditionally August 2007
    Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)
    Clydesdale Financial Services (now BPF) Won unconditionally February 2008

    Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

    Please note, I will not give advice by PM. Please
    send a link
    to your thread and I will do my best to answer there.

  11. #11
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    Default Re: Pinkpopcorn Vs Natwest ***WON***

    Thread moved to success forum.






    I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.


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