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Lucylou

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Everything posted by Lucylou

  1. Hi, I'm just starting my second claim on the same account for NW. In the 9 months it took to settle the first one another few hundred pounds worth of charges have been added. I want to send the letter requesting my money back but I'm sure there is a slighlty different one kicking around that refers to the fact that I've just taken them to court and they chose to settle? Does anybody have anything like this to use?? Many thanks!
  2. Hi, Does anyone know the best address to send the first of my requests for charges to? I wasnt sure if it was the registered office or if there was a better office to send it to? Any help would be apreciated! Thanks:)
  3. Do you know which court I am to send the N1 in to ? Usually it is your local court ( if you live in England ) but I assume I send it in to the court local to the HBOS registered english address in Halifax??
  4. Great - thanks. My cousin has won 2 claims with Natwest and so knows all about how to proceed when they dont reply to the LBA so she can help me! I just wasnt sure wether I could follow the same track as I know it's all different for us living in scotland. Thanks again for your help - I'm off to fill in an N1 with the courts!!
  5. Hi, I need some help from anyone going through / gone through a claim with the Bank of Scotland. I live in Scotland and have sent all the appropriate letters from the site to the bank. Their 14 days to respond to my LBA has now passed and so in theory I am at the stage where I need to file a claim. After reading up on all the info on claims in Scotland, my question is this : What excactly do I need to do and where do I bring the claim? I understand you can still go normal N1 route through the english courts if your bank has an english registered address. From what I read, the BOS registered address is in Scotland so I'm really confused as to where I now go??? Any help would relaly be appreciated!
  6. Hi, I submitted my court bundle by the due date, but after checking with the court today it apears Cobbetts have not! They were due to submit theirs by Wed 30th May and have not. Can I now apply for the defence to be struck out and the charges to be made payable? If so, is there a standard way of doing this - ie - is there a specific court document I need to complete to do this or is it a letter to the court? Thanks for any help - good luck to everyone else out there!
  7. Thanks for your advice on this. I have read some more on this and I think the judge would look very unfavourably on making an amendment so late on in the day. ( as you have pointed out in the past ) If I chose to settle the claim for now and write to NW for the remaining 300 afterwards, do you think this would result in my account being downgraded or even closed?? I've tried finding out from loads of posts but you may have come accross this point specifically in all your dealings on the site? Thanks for your help - and I promise I wont bother you any more after this.....!
  8. Hi Gary, The difference is approx 300 pounds in new charges and 30 in interest for the first set that I did not have details of when I submitted my claim. The reason I wanted to try and add on rather than start a new one is to avoid having NW downgrade my account which I have heard they do quite a lot after a second claim? The court date is 29th May so I would need to get the N244 in ASAP and marked as urgent. The claim to date is 1500 so I guess I shouldnt delay getting that, like I said though, I just wanted to avoid losing my o/d facility and debit card!
  9. Hello, I need to complete an N244 as there were a couple of interest figures I didnt have available at the time of filing my claim. I have looked on here and found advice on how to fill in the forms etc etc - all very helpful so thanks. My question is this - Can I add the 6 charges that have been applied to my account since I filed my claim in order to save a further claim down the line? Would be grateful for any help on this!
  10. I have had 2 offers of settlement from Cobbetts - both have been short by about £170. This amount is from 4 charges they are disputing as time barred - Their arguement is that the 6 years starts from the date "The cause of action accrued" and that this is the date I started Court Action. I am arguing that the cause of action started the date I first sent a letter to NW stating the charges were unlawful and I was writing to seek recovery of them. I have had advice on this a while ago but I'm starting to worry now that I have it wrong as they are arguing over 170 pounds when they are handing over 2000!!! Can anybody please give me a definitive answer on this one so I can eiter reject the offer or run to the bank to cash the cheque! Thanks
  11. Hi, I was hoping somebody may be able to give me advice on this one. I'm claiming back approx £400 from Barclays and its got all the way ot the stage where I have handed in my AQ and I think they have too. Next stage is directions and court date I know - but has anyone had experience of getting small amounts settled quicker than this at all? I'm thinking it may be worthwhile calling to see if they would like to settle but dont know if this approach has worked on the past or who it would be to call? Thanks for any help !
  12. Thank you Deller, Your advise is as speedy and accuarte as always! I'll change the spreadsheet to delete any charges and interest accrued before the 27th Oct 2000 and stick it in with the letter. Hopefully not too long before the final settlement now. ps - I didnt get excited when I saw the letter from Cobbetts initially as I've been waiting for a special delivery one to have a cheque in it. It seems they may be having to save on postage costs....?
  13. Hi, I have received a cheque yesterday from Cobbetts. They say the usual rubbish - we believe you will fail but we'll pay up anyway blah blah. They have quoted the Limitations Act though and have taken off several charges becuase they say I cannot claim as the claim was brought on 18th Dec 2006 and so anything before 18 Dec 2000 cannot be included. My SAR was sent to them on 30th August 2006 and my 1st letter requesting a refund was sent 27th Oct 2006. I'm sure I've read on here before that this is not the case but before I call them up I wanted to get the correct info to quote to them. The difference is around £800 to the final figure so I am keen to see these included. Can anyone advise on this please? Thanks:p
  14. Hi Bilgeman, I'm considering helping my brother start a claim against Abbey and was wondering - do they tend to close accounts down when you claim your charges back? Cheers
  15. Hi, I am at the Defence stage of both my claims with NatWest. My question is this - I havent included contractual interest - only interest on charges and the 8% you can add when filing your claim with the court. When and if these are settled, can I then bring a seperate claim for the 29% contractual interest? It's most probably a "no" but just wanted to check! Thanks:confused:
  16. Hi, I have found that the MCOL helpline has always been very good at explaining what the next stage in the proceedings are - especially when you're sitting waiting for something to happen but you're not sure what!! If you have filed direct with the court - again you can always ring them and they should be able to explain exactly what to expect next. I have seen many posts where people have found them very helpful.
  17. As the claimant, you are waiting now for directions from the judge / the court ONLY ( not Cobbetts even if they do try it on.) He/she will advise you what is to be submitted and will give you the date you are to submit it by.
  18. I'm not at the stage just yet where I have had to send a court bundle in for any of my claims ( but only one step away so am starting to prepare for it.) The great thing about this site is that there is loads of generic information on most parts of the claiming procedure including the court bundles. And even then - if something is really stumping you there are so many experienced site members and site helpers that will always usually have sound advice and help for you. So really, you dont need to worry about this - especially not yet as you are a long way off court bundles at this time. When you get there and if you're stuck, there is a whole host of great stuff on here to support you.
  19. The best thing to do is call the MCOL helpline as they will know exactly what has or has not been received and whether you can enter the judgement or not. In case you dont have the number to hand it is 0845 601 5935 Good luck!
  20. I used MCOL and have today submitted a request for a judgement by default as Barclays have not even acknowledged the claim within the 14 days allowed. If you try and do something before the appropriate deadline the website will not let you anyway ( it comes up with an error message advising you about your mistake )- so I would say try it and if the system allows you to process the judgement by default then it's all good!
  21. Well that is really good news thanks!! I'm going through 2 claims with Nat West which are both being drawn out to every stage and I'm pretty much in it for the slog I think so a nice simple victory from Barclays is certainly music to my ears!!! ( shame it's actually a claim on behalf of my boyfriend though - typical!!! ) With regards to court bundles - they sound more complicated than they are in the sense that there are some excellent download Court Bundles on the site which are pretty generic and will often only need a little bit of personalisation to fit your claim. I havent submitted one myself but after submitting one AQ recently I am preparing one now as it is the next stage. Good luck - and well done with your first victory. I cant believe they lost 11k by default - that is a massive error on their part!!! ha ha
  22. Thats right - All charges relating to bringing the case to court are re-claimable. You just need to watch out when they do cave in and offer full settlement that they have actually added these fees on to the final amount. If they haven't all it usually takes is one last letter to the legal representatives to advise them you accept the offer and will issue the discontinuation notice to the court once the missing fees have been added to the final sum.
  23. No probs reece - I'm by no means an expert on this, but I have just gone past the stage that you're at and asked lots of questions on the site which is the only reason I can answer yours!!! Ok - hope this makes sense: COMPLETED AQ WITH DRAFT ORDER FOR DIRECTIONS Send original to Court with covering letter Send a copy of AQ (inc Draft Order) to Cobbetts as a matter of courtsey Make one final copy of this for your files LETTER ACKNOWLEDGING DEFENCE & SAYING NO TO CPR PART 18 Send this to Cobbetts and do include a copy of Schedule of Charges Send a copy of letter and schedule to court with covering letter (see below) asking them to add to your file. Make copies of all this for your own files. COVERING LETTER TO COURT RE: COMPLETED AQ AND DRAFT ORDER Dear Sir/Madam Your name –v- Nat West Bank Plc Claim No: xxxxxxxx Please find enclosed my completed allocation questionnaire (with continuation sheet) and a Draft Order for Directions as referred to in Section G of the document. I respectfully request that the enclosed documentation should be added to your records relating to the claim number above. I confirm that I have also sent a copy of the allocation questionnaire and relating documents to the defendants representatives Cobbetts LLP. Yours Faithfully, LETTER TO COURT RE: ACKNOWLEDGING DEFENCE & NO TO CPR 18 Dear Sir/Madam Your name –v- Nat West Bank Plc Claim No: xxxxxxx I have recently received documents from the defendants legal representatives pertaining to their defence and a request for further information. Please find enclosed a copy of my reply to Cobbetts LLP which acknowledges receipt of their defence and addresses their request for information that was served pursuant to CPR Part 18. I respectfully request that the enclosed copy letter should be added to your records relating to the aforementioned claim number Yours Faithfully, Hope this is useful!!!
  24. Hi Rees, I had 10 points on my defence - pretty much word for word like yours with a couple of minor differences. Dellar checked it over for me and assured me that it was strung out, but still quite a standard defence. I would say that at this stage you take the advice given about just sending the acknowledgement letter that tells them you're not answering the CPR Part 18 etc etc. Worst case scenario is that the judge will eventually direct you to providing this info but until he does ( and there are no certainties on this one ) dont worry about it. Good luck
  25. Hello All, I have today entered a judgement by default on MCOL. They had until yesterday to just acknowledge my claim ( which is only for £400 by the way ) and they didnt even get that done! I was wondering if anybody knew of this happening a lot - and whether the bank could still come back with a late submission thus meaning the default judgement would be superceded?? I'm just trying to decide if this means Ive nearly won and should expect the cash fairly soon - or if there is something Barclays can do to get the case back on track thus delaying the final outcome for potentially ages?? Any light anyone can shed on this would be appreciated! ps - Good luck to all those currently in battle with their banks!!
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