Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



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)


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  1. #1
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    Default Scissorheart v Natwes - Dealing with Cobbetts - **WON**

    Hi folks

    This has all happend fairly quickly so let me keep its as sweet as possible
    1. Got Bank Statements, sent first letter.

    2. "We think it's fair balah blah **** off we aint giving you your money back"

    3. Second Letter Sent

    4. Reply Says " I note that you are now to initiate legal action and can I please remind you that the address is that of our registered Office, below. I have alerted our lawyers and litigation department of your intention.

    Again I am sorry that you have chosen this route but I am grateful to you for letting me know - Stuart Higley"

    Is this a standard response? The haven't budged and refused to even part refund?

    Rob

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  2. #2
    Lueeze
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    Default Re: Scissorheart VS NatWest - Bit Concerend!!

    How much do they owe you?

    Quite often you have to file the papers before they cough up, try not to worry, brush up on the court procedure in the meantime!

    Lou x


  3. #3
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    Default Re: Scissorheart VS NatWest - Bit Concerend!!

    I got absolutely nowhere with Stuart Higley, the preliminary approach and the lbaicon were both promptly rejected so I'm now going down the moneyclaimicon route. Mine is for 1200.

    Best of luck to you!


  4. #4
    sps sps is offline
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    Default Re: Scissorheart VS NatWest - Bit Concerend!!

    I got the exact same response from the same person. I have recently started a claim through moneyclaimicon. I got my notice of issue in the post today. Here we go....


  5. #5
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    Default Re: Scissorheart VS NatWest - Bit Concerend!!

    Ditto, I got exactly the same responses from Mr Higley. They have until Friday and then I will be logging my claim through moneyclaimicon too!! Not like I can afford it, but you have to speculate to accumulate!


  6. #6
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    Default Re: Scissorheart VS NatWest - Bit Concerend!!

    Ok - I have lodged the Notice of Issue. They have auntil the 20th of June to reply.

    Mwah hah!

    Scissorheart


  7. #7
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    Default I am in a bit of a pickle! Please - any advice?

    Right here we go.

    Firstly, I have made a slight error on my court claim against NatWest. All the letters etc went to them in order but stupidly, I put lloyds TSB on the form (as I am trying to reclaim from them as well) and the court notice shows Natwest's address etc but says the claimant is Lloyds TSB. They have actually acknowledged the claim however. Is this going to screw me up do you think?

    Secondly, I have no control over my current account. For certain reasons, I pay 100 pund a month into what used to be my current account and this literaly offsets against the outsatnding loan balance. Therefore, when NatWest eventually pay out, will they stick it into this account? If so, it will offset against my loan and I do not want thiis to happen at all! Can I write them a letter insisting that I want it in the form of a cheque or can I open up a new cash card account and insist that any funds settled in court get paid into this account?


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  9. #9
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    Default Cobbetts Questions PLEASE HELP!

    Folks

    Cobbets have sent me their big old defence package. I am a bit confused now. Do I need to send them something back? A few things bouncing round this forum seem to suggest that i do.

    Any help appreciated.

    Cheers

    Rob a.k.a Scissorheart


  10. #10
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    Default Re: Cobbetts Questions PLEASE HELP!

    Hi Rob,there 's about 4 of us at this stage in our claim,Cobbetts will have sent you the same doc as us.Turn the last page back(crafty) on itself...does it say?

    claiment ****
    an
    defendant NWB

    CPR part 18icon REQUEST

    Part 18 does not apply to the small claimsicon track.(CLAIMS UNDER 5,000)
    Barracad says<
    There is no need to respond to part 18 requests other than to point out that you consider that the inquiry is intimidatory as part 18 is excluded and that you intend to bring the intimidation to the notice of the court.>
    hopefully you will get your money back soon
    Tim


  11. #11
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    Default Re: Cobbetts Questions PLEASE HELP!

    Cheers mate

    So what exactly do I have to do now then? Do I have to send anything back at all? I have a kind of beige form that needs sending back so do I just say something like

    "Under the CPR part 18icon request, I am not actually obliged to provide such information as it is not a prerequisite of a small claimicon cout proceeding"

    I am a bit lost folks.

    Rob

    Is this the extent that they go to!??? It's well dodgy!


  12. #12
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    Default Re: Cobbetts Questions PLEASE HELP!

    Rob,does it say CPR Part 18 on the form from cobbetts??
    mine did but i havent any beige or any response form to fill in!!
    Anyhow this is a copy of my letter to cobbitts (just sent by post 6th july 2006)

    _________________________ _________________________ ____________________

    address date
    ******
    *****
    *****



    Nat West Account: ********
    Sort code: ********

    Northampton county courticon
    Claim No :******
    Between ****** (claimant)
    and
    National Westminster Bank PLC (defendant)

    Dear Sir or Madam:

    I Acknowledge the receipt of the defence posted on behalf of National Westminster Bank plc.

    I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claimsicon track and would not then expect to have to deal with a Part 18 request.
    Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court.

    However, for clarity, I confirm the charges I am claiming were applied to the following account:

    Account Name: *******

    Account number: Nat West Account:******
    Please also find enclosed a breakdown of all charges I am claiming

    *********Breakdown of charges here********************* ****


    Plus Interest Calculated from date of court issue 31/05/06 to 04/07/06 at 18.56 at 8% plus court fees 120.00
    Total Amount claimed to date 04/07/06 (ongoing at 8%) 2748.52 (my claim)



    your name *****


  13. #13
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    Default Re: Cobbetts Questions PLEASE HELP!

    Cheers for the reply dude.

    Its the allocation questionairre that I have (the beige form). Does that need to be sent to my local county courticon? If so, they haven't given me a forwarding address!?

    Or does it go back to Northampton? (Or cobbets for that matter!)

    Oh err!??

    Rob


  14. #14
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    Default Re: Scissorheart VS NatWest - Bit Concerend!!

    Threads merged - please stick to one thread!

    The aqicon must be returned by the deadline stated. This needs to be returned to the court and, depending on the value of the claim, there may be a fee to pay.

    Ignore the Part 18 request - there is no need to respond to this.

    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
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  15. #15
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    Default Re: Cobbetts Questions PLEASE HELP!

    < Does that need to be sent to my local county courticon? If so, they haven't given me a forwarding address!?

    Or does it go back to Northampton? (Or cobbets for that matter!)>

    Ive asked this question but no one has replied as yet!
    I think (?) that it now goes to your local court and i was waiting to hear from them
    as ive said..Ive not had this beige form!


  16. #16
    Royalties Account Holder barracad Authoritative barracad Authoritative barracad Authoritative barracad Authoritative barracad Authoritative barracad Authoritative barracad Authoritative barracad Authoritative barracad Authoritative barracad Authoritative barracad Authoritative barracad's Avatar



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    Default Re: Scissorheart VS NatWest - Bit Concerend!!

    When you receive the allocation questionnaireicon it will say which court your case has been transferred to.

    This is where you return the form to, along with the fee if applicable.

    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
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  17. #17
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    Default Re: Scissorheart VS NatWest - Bit Concerend!!

    Folks

    For your information, it has to be sent tou YOUR local county courticon. You get a letter from HMCS at around the same time as Cobbitts and the front sheet has your County Court's address printed on it.

    Cheers.

    Sorry for being blind!

    Rob


  18. #18
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    Default Re: Scissorheart VS NatWest - Bit Concerend!!

    On the allocation questionnaireicon, I don't need to put that I request an expert's report do I!?


  19. #19
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    Default Re: Scissorheart VS NatWest - Bit Concerend!!

    There is a guide on completing allocation Q's in templates section


  20. #20
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    Default Re: Scissorheart VS NatWest - Bit Concerend!!

    Had a letter back from Cobbits saying

    We note your comments on the Request for Further Information. Please note that Part 27.2(f) appiles subject to paragraph 3 of part 27.2 which states that the Court of its own iitiative may order a party to provide further information if it considers that is appropriate to do so.

    It is our clients contention that your Particulars of Claim do not properly particularise your claim. For example, our client cannot properly defend a claim where you have not given your account details and the details of each charge you claim is disproportianate and unreasonable.

    The court is bound by an overiding objective to deal with cases justly and ensure that parties are on an equal fotting. It is clearly the case that our client cannot respond to your claim where you have not provided sufficent particulars. Our client objects to your allegayion that the request is intimidating.

    Accordingly, on allocation of this matter, we will be suggesting that the case management directions cannot be proposed until you serve a full and detailed Reply to our Request.

    Yours Faithfully

    Cobbits etc.

    What next folks?

    I am bit worried now.

    Rob a.k.a Scissorheart


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