This topic was closed on 10 March 2019.

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- Consumer Action Group

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

It's OK. Sorted now thanks!

Just two last questions though!

 

On the 'notice of discontinuance' form I tick the box saying 'discontinues all of this claim', easily done.

 

But the bit after where I put the judges name (got his name due to a CRAP18 request or whatever) but then says 'by order dated'.............................

 

What date goes in there?

Anyone?

Bump!

Wohoo!

10 days after them offering half, I have now got a cheque for the full whack!

Just two last questions though!

On the 'notice of discontinuance' form I tick the box saying 'discontinues all of this claim', easily done.

But the bit after where I put the judges name (got his name due to a CRAP18 request or whatever) but then says 'by order dated'.............................

What date goes in there?

And also do I still have to cancel the claim through moneyclaim?

Would just like to say thank you to everyone who has helped me through this! To all you new claimers just starting, you will get your money back. Don't let there fancy jargon scare you off. Perservere and you will get back whats rightfully your's!

As for the CAG guys if someone would like to point me in the direction of the questionairre thingy there is a nice litte thank you donation with your name on it!

Thank you very much guys

SS

Hi Southernscoucer. If you PM me your email address I'll forward you the letter that I think the Court are asking for.

You have a PM. Thanks very much.

Can anyone explain the letter?

Hi Southernscoucer, as I understand it, the letter you received from Corbetts will have been (or contained) a CPR part 18 request. You can send something like this back to Corbetts & the Court - I think.

 

I'm almost at that stage too now.

Hi mate. I'm a bit confused!

The letter in my first post was from my local County Court. Cobbetts had sent me that letter but back in July. I simply supplied them with a list of charges but also sent a copy to the court!

What exactly are the court requesting from me?

OK, quick history!

Filled in Court Allocation Questionaire last month. This Wednesday got a offer from Natwest offering half. Sending of rejection letter today. But this morning I got this from the court!

Before DEPUTY DISTRICT JUDGE PERRY sitting at Blah Blah County Court ,(then address).

Upon neither party attending

IT IS ORDERED THAT

The Claimant to provide by 4pm on the 31 August 2006 in reply to the defendant part 18 request dated 12 July 2006

Dated 11 August 2006

What on earth does that mean? I got a big letter from Cobbetts on 12 July asking me for more information. I simply sent them the list of charges I was claiming for but there wasn't a part 18! It went up to part 6!

Can anyone please tell me if this letter is suitable? I really don't wanna mess things up at this stage! :o

Thanks very much. Do you know if there is a template letter at all for this coz I'm carp at writing letters or will this do?

 

Dear Sir/Madam,

 

Case number: Blah blah

 

Thank you for your letter dated 15th August 2006.

 

I accept your offer of £600 but as an interim payment only as I still intend to pursue for the rest of my claim through the courts.

 

I am also unwilling to agree to the specific terms and conditions you have added to this namely:

 

1. Not to disclose to any third party the fact of, or any details relating to, this payment;

2. Withdraw my claim

3. That this payment of £600 is a full and final settlement of the claim

 

However once settlement of the full amount of claim is received I may be willing to renegotiate those terms.

 

Your faithfully

 

Southernscouser

that the interim payment is a partial acceptance and they can take that bit off claim and see them in court for the rest of it

Thanks very much. Do you know if there is a template letter at all for this coz I'm carp at writing letters or will this do?

Dear Sir/Madam,

Case number: Blah blah

Thank you for your letter dated 15th August 2006.

I accept your offer of £600 but as an interim payment only as I still intend to pursue for the rest of my claim through the courts.

I am also unwilling to agree to the specific terms and conditions you have added to this namely:

1. Not to disclose to any third party the fact of, or any details relating to, this payment;

2. Withdraw my claim

3. That this payment of £600 is a full and final settlement of the claim

However once settlement of the full amount of claim is received I may be willing to renegotiate those terms.

Your faithfully

Southernscouser

interim pyment on Full amount

Sorry what does that mean?

It is late!

Does anyone know what the right procedure is? Do I say I'll accept the money they have offered but make it clear I am pursuing the rest or do I reject the offer?

And is there a template letter at all? I couldn't find one!

Got a letter from those lovely people at Cobbetts this morning basically saying although there charges are fair blah blah and how they consider my challenge in court would fail they are offering me a goodwill gesture of £600, about half of what I'm claiming for.

I'm at the stage where we have both submitted our Court Allocation Questionaire and are waiting for a date.

I've not read about them making offers at this stage before so is this normal. Do I just send them a letter back saying thanks but no thanks, Im pursuing for all of it?

Good old Natwest left it until the very last day to submit their court allocation questionaire!

Just wondering what the general waiting time for a court date was?

Then how long is it until Natwest bottle it?

It doesn't apply to me as my claim is less than £1,500 but I was just curious as to why some people have to pay another £100 on top of the £120 they paid with Moneyclaim when sending back the questionnaire?

Keep it simple - I don't see the point of getting into protracted and pointless correspondence. All that will happen is that they will come back with more legalistic arguments....best to let them do that in front of a judge if they are stupid enough to want to try.

Thanks very much alan.

If/when I pull this off you can count on a 5% donation from me. This site is a godsend! :grin:

Personally, I would just send a copy of the spreadsheet to the court, and the banks solicitors. Just saves any hassle - and removes another potential stalling option.

But will they not just write to me again asking for the same info?

So shall I include the letter above or just a basic one saying, as requested please see attached with account, claim numbers that sort of thing?

Also do I just do the same to the court. "please find enclosed information as request by Cobbetts. A copy has been sent to the defendant aswell"?

OK so it seems the standard that they are trying to fob me off but I will reply with this letter;

address date

******

*****

*****

Nat West Account: ********

Sort code: ********

Northampton County Court

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 claims 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 £xxxxxat 8% plus court fees £xxxxxx

Total Amount claimed to date xxxxxxx(ongoing at 8%) £xxxxxx(my claim)

your name *****

I'll then provide attached a list of all the charges but for example with every charge they are asking me to clarify; a) is it the case of the claimant the same should not have been charged? b) If yes, please explain why the Claimant contends that the same should not have been changed blah, blah!

I'm totally lost other than to send the letter above with a list of charges!

OK, got a load of paper work through from those lovely people at Cobbetts this morning!

Enclosed is their defence, and a request for further information!

The further information is the list of charges which I didn't include in any of the letters.

As for the defence, is all the jargon the norm?

At no point during my claim have I sent any spreadsheet or list of the charges I'm reclaiming to NatWest! Have I gone and screwed myself?

Natwest currently have until Monday to file a defence to the court!

Hi, my 28 days were up yesterday (10th July) - & had heard nothing. Tried to go into mcol this morning and file for default & Cobbetts had filed their defence!! Got a letter at home from them awaiting my perusal!! Think I will next get an AQ & then the money just before we have to go to court - that seems to be the way I read all the other cases going - hang in there - not long now.

 

Good luck x x

Sorry whats an AQ?

And any idea what the time frame between them filing their defence and the court date is?

Don't you worry about it.....

 

Nothing much you can do now but sit back and wait for the cash to find it's way home.

Thanks very much!

Any idea how long they normally leave it? Is it until the last couple of days?

Hey guys,

Basically Natwest filed an acknowledgment to my court claim on June 19! So they only have until next Monday to file a defence! :o

Getting worried that they are gonna end up taking me to court!

I know they are just doing this to make me sweat and hopefully back down but am just after some reassurance from people who have been there and got the t-shirt!