TheAuth0r V NATWEST PART TWO!

[theauth0r]

Well originally things were going well and I thought that my case was won, but due to my own faults my case is still ongoing and has not been settled....

 

My previous post can be found HERE!!!!

 

Below is an overview of my case.....

 

I requested 6 years of statement from the bank on 27/04/2006

After going through my statements and calculating my charges over the last 6 years I sent a prelim letter to the bank requesting £2,460.00

The deadline for their response to my letter was 21/05/2006

They acknowledged my letter on 13/05/2006 and offered a “Goodwill Gesture” of £245.00

Then on the 22/05/2006 I sent the LBA

Natwest acknowledged it on 31/05/2006

I filed the Money claim on 06/06/2006 giving Natwest 28 days to file a defence for the case.

After the 28 days I was ‘supposed to submit a Judgment by Default as Natwest had NOT filed a defence to the case in this time period….

 

BUT…

 

On the Money Claim site I selected “Judgment by Admission” in stead of “Judgment by Default”

So in order to resolve my error I had to get the judgment set aside by the judge (costing £35.00)

 

I contacted MCOL about 3 weeks ago trying to find out what was going on and was told that there had been an error and the judge had not set the judgment aside as he thought I was the defendant!!!

 

Finally the judgment was set aside and I have received some forms through today from Money Claim online including…

 

1) An allocation questionnaire

This needs to be completed and returned (also an additional fee of £100 because the claim is for more than £1,500)

2) A defence from the bank.

3) information advising that the case was transferred to my local county court

 

ARRRRRRRRRRRRGGGGGGHHHH!!!!

[theauth0r]

A brief update on my never ending case......

 

I received my AQ along with the Cobbetts defence CPR 18 a week or two ago, and have a deadline for submitting the AQ by 07/11/2006

 

I contacted Cardiff County Court today to check on the progression of my case & was informed that yesterday 30/10/2006 the Judge has set a hearing for the 21st of December, and that all documentation is in the post...

 

The person at the court that I spoke to advised that I do not need to fill in the AQ because the judge has already set a date for my hearing......

 

 

10:30AM 21st December 2006 ....... Judgment Day!!

 

 

On side note I just want to express my thanks to jannercobbler who is helping me with my case!!!

TOP MAN!!

[theauth0r]

Received my letter from the court today.....

 

Upon the Courts own motion. The court has made this order of its own initiative without a hearing. If you object to the order you must make application to have it set aside, varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT

 

• Directions will be given in this case by the designated Civil Judge, on 21st December 2006 at Cardiff Civil Justice Centre
  
• The parties may appear in person or make a written representation as to how the case should proceed provided a copy of the representations is sent to the court and other side at least 7 working days prior to the hearing.

[natwesttookmymoney]

Great stuff - looks like you're on the last lap.

 

Just make sure all your paperwork and details are in order in plenty of time.....

 

Westy

[theauth0r]

Spoke to Cardiff Court today who advised that there are 40-50 other hearings on the same day as mine :o

21st December ......

Looks like 21st December is going to be a bad day for the banks!!!

[Deller]

I've heard that they are overloading the days with hearings as the court is pretty confident that any cases involving claims against banks wont actually get that far!!

[Guest Scarletrose]

lets hope thats true i for one would hate for it to get that far? how far are u along deller?

i hope you get your chq soon THEAuthOr

[Deller]

Morning Scarletrose,

 

I'm at quite an advanced stage...I think!! Cobbetts have filed their defence (right at the last minute) and I've returned my AQ, I didn't receive a cpr18 though, which rather suprised me as most people seem to be getting these at the moment. I have had a bit of confusion though regarding my AQ as after returning the form to Bristol County Court I received a second one, with a different deadline date too, (they obviously can't cope with the ammount of claims being thrown at them. Anyway I phoned the court and think I've managed to sort it out so just waiting for Cobbetts to return their AQ now.....probably last minute.....again!!

 

Will keep you posted in my thread if interested!!

[theauth0r]

OK so here’s my latest update......

 

This has been going on since APRIL (7months!!!!), and I will honestly say that I sometimes regret starting this claim; it’s caused me nothing but sleepless nights and stress!!!

But I would like to thank all the people who have helped along the way….

 

So anyway.. Here is the update....

 

On the 02/11/2006 i submitted my AQ along with an application for amendment requesting the contractual interest; this would take my initial claim from £2600 up to about £4800!!

 

I have been trying to contact the courts for the last week or two to check if my application had been accepted but the only response I ever got was... "Your case is still with the Judge and hasn’t been sent back down to our department.... blah blah blah. This is due to the high volume of cases that have been brought to our attention....."

 

Today when I rang, I was told that my case has been referred to the Circuit Judge, now with a brief Google search I find that a Circuit Judge is a Senior Judge......

 

 

Is this a "normal" thing for cases to be referred to a circuit judge or am I just one of the lucky individuals???

 

Now I am a little confused (again) as my understanding is that when u submit an appliaction they would either say "yes" or "no" plain and simple, but from what the court said, the claim is with the circut judge to get the case 'listed' again on the same day as my hearing (21/12/2006) ?????

 

 

 

PS...

 

 

Yes I’m bricking it now!! , the sooner this is over the better.......

Can't wait to get a peaceful night sleep!!!!!!!!!!!

__________________

NatWest - £2460

NatWest - Prelim letter - 07/05/06

NatWest - LBA - 22/05/06

NatWest - MCOL - 06/06/06

NatWest - Contractual Interest added - £4,935.24, AQ & CPR 18 response - 02/11/06

NatWest - Court Date - 21/12/06

 

HSBC - £1100

HSBC - Prelim letter - 10/10/06

HSBC - LBA - 29/10/06

HSBC - Full amount offered - 08/11/06

[theauth0r]

**BUMP**

 

Any advise please ?

 

[natwesttookmymoney]

Hi

A circuit judge is not much different from a County Court judge, I was advised at the weekend by a barrister friend. He should know - he

does criminal defence. He even defends guilty people.

 

I digress.

 

I suspect - but don't take this as gospel - that the 'listing' bit will be consequent from the 'directions' - i.e., the case will be re-listed immediately after the directions hearing.

 

I don't think bricking it is necessary unless you haven't heard from Cobbetts or whoever and there's only a week or so to go. If that's the case, you'd better be prepared to go to the court. Any idea what NW may be objecting to?

 

Westy