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scott150663

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Everything posted by scott150663

  1. hi rosco if you r allocated fast track you will need to complete the cpr18 request, so keep the letter from my post,claims over £5k are sometimes allocated fast track, you r correct with your response to cobblers request,so wait until you hear from the court and post up on your thread. You will recieve an AQ and a track allocation (quite often u will get an offer b4 the final date your AQ needs to be returned)so dont return it until close to the date.(costs £100 as well) youre close so be patient Good luck Scott
  2. hi try ringing the bank and asking why they have charged you the £390.68 if they say its interest you can probably claim it back,read lots of threads to fully understand what u can & cant claim (looks like u have a large claim there) good luck Scott
  3. lol your comments are also very true & valid and u r correct that everyones circumstances are totally different,my thinking is that to get £735 in your pocket you would have to earn close to £1300 b4 tax etc so hold out for a while and you will get the money..... regards & good luck to you both Scott
  4. hi are you on a small claims track or fast track, as it appears ok to me have a look at this as well and see if u can adapt it to suit your claim Here is a guide to a part 18 request. -and- NATIONAL WESTMINSTER BANK PLC Defendant (or as applicable ) RESPONSE TO REQUEST FOR FUTHER INFORMATION AND CLARIFICATION NOTE- IMPORTANT 1. This response is served pursuit to CPR 18 The Response 2. In response to Para 2.1 and 2.2 (a)(B)© of defendants request please find herewith (attached Schedule one) a break down of the charges applied to the claimants account this includes the claimants account number sort code and the dates of the charges were applied and the reason. 3. In response to Para 2.2 © of the defendants request, the claimant has already explained why the charges should not have been applied but for the avoidance of doubt the claimant alleges that the charges are Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963 It was held that a contractual party can only recover damages for an actual loss or liquidated losses. 4. In response to Para 2.3(a) Yes, the claimant should not have been charged an amount above the true administrate cost incured by the respondents, (B) the claimant should not have been charges for reason out lined in Para 2. © the claimant should have been charged the true administrative cost, 5. In response to Para 2.3(d) The Respondents have asked what the claimant should have been charged, to answer this the claimant will need a break down of the administrative cost incured by the defendant in applying the said charges. 6. In response to the further question made by the defendant the claimant will not be able to responded to these until the claimant has disclosure and inspection of documents as the claimant will be requiring a copy of his contract with the respondents 7. If the defendant requires any further information, the claimant will be happy to provide this once the discloser of documents/information has been dealt with by the court. scott
  5. hi stevie great news i personally would accept it as a partial payment and tell them you will continue with your claim for the rest,they will probably increase the offer to the full amount quite quickly (by offering u the part payment they are in effect saying that your claim is valid) hold out for the full amount as it is a big difference..... good luck whichever direction u take scott
  6. if u find the info can u post it as it will be usefull to others possibly regards & good luck scott
  7. hi everyone unfortunately no letters ...no phone calls....i assume they will just ignore me until the day b4 my case management conference,so i ll just keep on waiting (im in no hurry) good luck on yours scott
  8. this site is like a dan brown novel once you start reading you can't stop, im turning into a bank charges info sponge,just keep on soaking up the info,ive got 6 friends going through the process (all at lba) and they find it to complicated so they just ring me and i print letters and advise where i can if i dont know the answer i come back here and read and read and read so i dont want to make silly mistakes. scott
  9. lol......lol........... on a need to know bases i would assume lol scott
  10. hi everyone congratulations i read on a thread that if u get offered the full amount b4 court action u have to accept this offer as the bank has given u what u asked 4.I might be wrong soif any one advise on this with a definate answer it would be helpful to others with a similar dilemma regards scott
  11. who's going to tell the official reciever that you have reclaimed bank charges ?? The bank? cobbetts ( how would they know?? ) or inform the OR yourself..!!!!!! any comments
  12. hi all the court will give cobbetts a few days grace if the defence is posted slightly late so i would recomend ringing the court next thursday if u haven't recieved the defence in the post. I believe that if u enter a judgement cobbetts can apply for a stay to give them more time to respond (and this will drag your claim out even longer). So be patient and wait as this will go in your favour when or if your case goes any further with the judge.I suspect cobbetts will fax the court at the last moment , hope this helps scott
  13. hi breezy girl welcome first of all the one thing you need to know is YES YES YES you can claim all charges for returned cheques returned DDI's etc you will get all your money back ...But you need to read lots of info on this site if you cant work out what to do post on here and someone will ALWAYS helpyou. dont be scared we were all like you when we first came to this site. there are loads of great people on this site that will help you all the way... so be strong go get your money back girl best of luck scott
  14. veilside as josamolly mentioned there is a high probability that cobbetts will file a defence (cobbetts faxed there defence in my case on the last day) so calm down and wait to see what happens,u have plenty of time to write letters to the court & cobbetts so hang fire for now as mistakes can cost you time & money be patient & be wise my friend u will get your money but they may well drag the time out hope this helps Scott
  15. well done spend it wisely drink holidays etc..... scott
  16. Von You can post as often as you like,everyone welcome , let me know when u win good luck ps i'd vote 4 you scott
  17. well done von you will get payed out b4 disclosure date so get the champers in the fridge... well done scott
  18. lol fendy remember cobbetts are doing what they are payed to do,there job is to intimidate the weaker souls and to hope they give up i would suggest alot do give up there claim,but when large numbers help each other as we all do they cant and wont win. stick together and we are in complete control follow the guidelines and we win not cobbetts scott
  19. hi lou i personally would hold out for all the money inc interest as there is a huge difference in the payout to you, iwould not accept the difference as you can reclaim the whole amount,i understand you need the cash injection so the decision is yours at least write to them and reject the offer and hold out 4 the full amount as they will probably increase it. good luck scott
  20. Gary thanks a million You are a true diamond geezer My 5% donation will follow as soon as i win thanks again,i'll keep everyone posted scott
  21. ALSO LOOK AT THIS PLEASE In the XXXXXXXXX COUNTY COURT CLAIM NO xxxxxx BETWEEN XXXXXXXXXXXXXXXX CLAIMANT AND NATIONAL WESTMINSTER BANK PLC DEFENDANT CPR18 REQUEST REQUEST FOR FURTHER INFORMATION AND CLARIFICATION If the defendant fails to apply with the attached CPR18 the claimant will make an application to the court pursuant to part18 S5 for compliance. You are being asked to provide a response to this request in accordance with CPR part 18 within 14 days. In the event that you do not provide an adequate response to this request by the 17th April 2007 then the claimant can apply to the court for an order requiring you to provide the information requested or an order striking out the claim. Yours Truly
  22. Hi Gary would u recomend sending this as my cpr18 request to cobbetts In the CLAIM NO XXXXXXX BETWEEN XXXXXXXXX CLAIMANT AND NATIONAL WESTMINSTER BANK PLC DEFENDANT REQUEST FOR FURTHER INFORMATION AND CLARIFICATION 1. In relation to each and every breach by the Claimant which resulted in a charge being levied as confirmed by the Defendant in its Defence please provide full details (with all relevant supporting documentation) of: a) any letters, telephone calls, or incidents of manual intervention into the account in respect of each and every charge claimed by the Claimant in the Particulars of Claim; b) how charges are applied to the account (whether automatically or by some other means) and when; c) the Defendant’s assessment of the cost to it of sending any letter making any telephone call or otherwise administering the account, with details of how the cost to the Defendant is calculated and what items of expense are included, or such other costs as are foreseeable in the context of contractual damages and the remoteness thereof and which can be specifically identified and defined and which can be reasonably attributed to each and every breach on the part of the Claimant; d) the justifiably objective principles upon which all such costs are calculated and result in the specific level of each charge levied by the bank in respect of each of the breaches which resulted in the charges now claimed by the Claimant. 2. Of paragraph 7.2.5 of the defence in which the Defendant avers that the charges are applied in return for the provision of a banking service to the Claimant: a) Please identify each and every such service referred to in the defendant’s terms and conditions and identify the charges, by reference to those terms and conditions, that the Claimant is required to pay for each service identified. b) Please confirm what steps are taken by the defendant in providing the alleged services referred to in the defence. Please provide copies of all notes, memoranda, or other information retained by the defendant to demonstrate the provision of the alleged services to the Claimant. c) Please confirm whether charges are applied automatically.
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