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leviathan

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Posts posted by leviathan

  1. OK,so the matter is slowly approaching a meeting date, but then i see they;ve sent me a cheque with the whole amount that they owe me, in terms of charges and no actual money covering court charges and 8% interest... so what to do... accept the money and be happy or hang on until they send me the court info? for the date and then insist on pressing forward for the right to get the whole sum back???

     

    :confused:

  2. Note the administrative errors that take place when transfering the case file from one court to another, it is quite pathetic how the courts are unable to call one another and communicate, the process isn't water tight and the people who work in these institutions in London don't appear to be the sharpest knives in the drawer. :mad:

     

    Eventually i hope they'll get they;re act together... we can only, but pray... or right a letter to the court manager

  3. Royal Courts of Justice!!!

    Ok, so since the administration of London's Country courts had lost/not recieved my document, i went along personally to make sure them. After asking for an update on what's been going on, they chap informed me that the case file has jus been receieved from the judge and it's been transfered to the Mercantile court, he didn't know the reason, but the Judge who sits in the Mercantile court is working in the Royal Courts of Justice and that all information should go to the Royal Courts rather than any other!!!

     

    Does anyone know the reason for why the claim is going to the RCJ??? Is this a test case?

  4. More accurately put POC as follows

    1. The Claimant Mr***** holds a bank account with the Defendant since **/**/** Between the dates of **/**/** - **/**/** the defendant applied numerous charges to the Claimants account

    2. Under the law and penalties the charged are unlawful as they are an "extravagent" penalty. Referring back to the case of 1896, Wilson v Love, a charge is a penalty if it does not relate to the true cost of an item.

    3. As outlined in the County Courts Act 1984, the claimnat is entitles to interest at the rate of 8% per annum from the date they were first deprived of the money to the date of this claim. This amount to a total sum of £***.**, continuing to accrue at a statutory rate until judgement or earlier payment, the daily rate being 0.021%

    4. The Claimant therefore asks the court to enter judgement in favour for the sum of £*,*** plus interest, amounting to a total of £*,***

     

    These were my particulars, after seeing some of the particulars, these seem pathetic, but it ws all the space the form would allow. I haven't added anything else to the claim to make it water tight!

     

    What to do????

  5. Hi Guys,

     

    Am suffering for the worst amount of anxiety with regard to my claim, OK so i sent of my in December sometime, the Particulars of the Claim were 4 point, which i got from Money Saving Expert. After quite some time I realised these points were simply not enough, the online form did not allow more than a certain number of characters! So restricting my POC, now, i'm stuffed since the Particulars are not good enough... perhaps, and i presummed that Cobbetts got the summery of bank charges from the several correspondences between me and the bank, they (Cobbetts) requested for more information

     

    the letter said this dated 08 Jan 07

    1. In your claim you state "the defendant has applied numerous charges to the Claimants account"

    2. Please provide the following in support of your claim

     

    2.1 To what account(s) (giving details of the account name, number and sort code) were the charges applied.

     

    2.2 In relation to each charge, please clarify the following (a) is it the case of the Calimant the same should not have been charged? (b)If yes, please explain why the Claimant Contends that the same should not have been charged? ©If no; is the case of the Calimant that the same should not have been charged in this amount? (d) If yes; please explain why the Claimant contends that the same should have been charged in this amount and identified the sum the Claimant contends should have been charged. (e) if no; please state the Claimant's case.

     

    3. In your claim you state that "the charges are unlawful and they are an extravagent penalty"

     

    4. Please provide the following particulars in support of your claim:

    4.1 Please specify the clause(s) pursuant to which the charges were applied

    4.2 Please specify whether the charges applied were due tobreacj of contract by the claimant

    4.3 Please identify in each case the particular breach of contract (by reference to appropaiet term of the contract) that the charged related to

     

    Now all this is all good and well, and after recieving this form i recieved the n149 form from court which i gave in with an additional £100, i still haven't got around to sending Cobbetts this information, since some of the questions they're asking i have no answers for! If my Particulars of Claim had been stronger they would not have masked for this information.

     

    Does anyone have any idea's on what i should do? I am panaking and fear that i may lose my case!

     

    PS, do you think Natwest forwarded Cobbetts my letters with the dates of each charge? Or should i send it again? Should i send out a N244 form to highlight things that I have missed out and use the new method for the allocation questionaire which.

     

    I am concerned since i have receieved no letter from Natwest wanting to settle or anything, they are simply not thrown by my case... :o

     

    The sum i'm applying for is £2,800, which you;d this would make them wonder or panic and make me an offer. Should i drop the claim and start afresh?

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