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wingnutta

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  1. Good morning everyone.. just an update.. i checked my natwest accounts this morning and the charges are in there!!... i accepted their offer whihc was for the full amount of charges so i am only down the court charges of £120. My original claim was £1090 so i am £970 better off.. which i am happy with. Not sure if this counts as a win but in my mind its a victory. I will be making a donation just as soon as the money is in the account i use now. many many thanks to all and everyone that has helped me along the way - sometimes with some very patient answers to some very silly questions. Without you i would never have got this far and i am very appreciative. Will keep checking the site and will offer help if i think i can. Again many many thanks. :D Adam
  2. ah fair enough juicyd - mine has only recently gone to the court anyway...
  3. Mine is at Hitchin CC and Judge Willers has stayed my case pending outcome of test case - so why some cases at hitchin and not others????..weird
  4. ah ok... well its an offer of all my charges back so i think i am gonna accept it. My other halfs brother is just at court stage so i am going to concentrate on his. Lets see if money actually arrives eh.. thanks all.. If it does, there will most certainly be a donation on its way.
  5. so i cant accept both offers then??.. even though they are for two seperate acccounts???... decision decisions eh.... money is fine with me to be honest but its the timeframe.. i am thinking over and done with really
  6. ok - BIG update today my friends. Firstly i got a letter this morning from Hitchin CC from the judge saying that after reading the file he is issuing a stay pending the outcome of the test case and that neither party can remove the stay. Well i kinda expected that really so no shocks there. In the same post load though i have received letters from natwest. Opened up the first and its we still think our charges are fair blah blah blah but that goodwill offer still stands of £109 (claim in total at mo is £1500). Obviously laughed at this but also noticed another letter looking the same. Opened it and same letter but with offer at £983. Now i thought that this was natwest being confused as they were different amounts however it was actually me being thick - they were for the two different accounts that i am claiming for! - Now here comes the goodbit - i totalled them up and they are actually the full amount pre court fees and interest (£1092). So here i am seeking advice, am i being an idiot not to accept as it is full original offer?? I appreciate that i have now spent £120 in court fees but in my own personal situation i am prepared to overlook that. Is it just a straight case of my own preference???? Technically i have won as they are offering my charges back so what do you all think is best?????? and as they have different ref numbers am i ok to send them both together if i do?? ie i cant just accept one and not both??
  7. ok hedgey - will do that tomorrow.. thanks Adam
  8. Hi everyone - hope all are well. Just an update really.. i sent my revised POC along with a copy of my schedule of charges (with correct wording this time in relation to charges as they are shown on statement.) to the court manager at hitchin. I sent 2 copies to them as stated above.This was over 3 weeks ago now and i have heard nothing from either court or cobbetts??.. is this about right?? I have no deadlines to keep watch on now so is there anything i should be doing or someone i should be calling??? I dont mind sitting tight at all if thats the right thing to do - i am just very determined to see this through and i will not screw it up now! Very good news about the test case - although i dont think a lot of us at this time will be affected by it???
  9. ok - that is fully understood steven - thankyou. A revised POC will be on its way tomorrow. Will keep you updated. I am a big fan of online capabilities but in this case doing MCOL in my eyes was just a hinderence. Paper copies all the way from now on!! Oh and name is Adam all - less characters than wingnutta!!
  10. Thats a fair point - i am getting a bit lost here, do i just fill in 3 copies of the N1 form?, or just send a revised POC. I now know what i have to send but getting very confused here as how to do it???? - sorry if i am being a pain!
  11. ok thats great, i will use the not-cut-down version of the POC in the template part and send it off immediately. Is it my responsibility to send it to cobblers or do i still send 3 copies to the court???
  12. ok, thats sounds great and i really appreciate all the help!! Just to get this absolutely right - i will ring the court tomorrow and see of they just want a new set of POC's, but if they want it officially am i right in saying that i fill in a N244 form BASED on the N1 form (i know about the £35 fee) or do i send a N1 form ALONG with the N244 aswell??? ( 3 copies of each aswell! ). Really cant stress the gratitude for helping me out on this - thanks again all!
  13. ah ok - i did mine on MCOL so i think there lies the problem. I used the template for it from this site but i guess the judge wants more, Below is what i put in my POC online: Particulars of claim 9/5/2007 1.The Claimant has 2 accounts xxxxxxx / xxxxxxx with the Defendant, opened Nov 2000 2.Since xx/xx/xx the defendant debited charges and interest in respect of purported breaches of contract. 3.Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4.Claimant contends:(a) The charges exceed the Defendant's losses caused by the breaches;(b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5.Claimant claims:(a)return of the amounts debited of £1092;(b)Interest per S.69 County Courts Act 1984 of 8% - £304.68 (29/03/01 - 09/05/07)continuing at 8% until judgment or settlement at a daily rate of £0.30; 6.Alternatively,if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7.Costs allowed by the Court. How do i change this then????
  14. ok, firstly hope everyone is well.. its been a couple of weeks and i have heard nothing till tody. I received a letter from my county court at hitchin where my case has been transferred to with the following statement: "Upon reading the court file It is ordered that 1. The claim be stayed as it makes no serious attempt to comply with CPR16.4(1) by setting out a concise statement of the facts.(stylised particulars do not constitute compliance.) The claimant must amend or substitute the particulars of the claim by setting out the case and by including details of the charges complained of, how they are calculated and in what circumstances they wer incurred. The claimant should note that sending copy correspondence and/or copies of bank statements will not suffice. Claiment has until 4pm 25th july 2007 to comply with this order. In default the claim be struck out without further notice." johnee had same problem here http://www.consumeractiongroup.co.uk/forum/abbey-bank/103207-cpr-16-4-1-a.html?highlight=concise+statement No solution there though. Please help as i too am getting quite down beat about this - i dont mind the work to put in, i am just fed up with being given the runaround really . After the cpr 18 request i sent another copy of my charges apreadsheet to both the court and cobblers along with a letter about as its small claims no need for cpr part 18 etcc.. (the one by ed). What is the judge (Judge Willers) asking for????... Help!!!
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