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sg51bmw

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  1. Ombudsman Advice!!!!????:? :? :? Hi, Got a few threads, some of which still awaiting advice, however last week something happened which concerned me a lot. My sister in law is going through the same process with her bank, she has gone through the ombudsman as opposed to the court route I and my wife have taken, she has been advised by the ombudsman representetive to "accept" the offer from her bank (£2000 on a £3500 claim) as if she doesnt the court will look unfavourably on her not "negotiating" with the defendant so to speak, OK first red flag - we turned our offer down from Natwest and are due in court 22nd May- second red flag , why is the ombudsman giving this advice? and finally, my wife is now taking a second claim via the ombudsman as opposed to the court route - and has said because of her sisters advice she will accept the first offer from Nat west!!! This cannot be good news if the ombudsman is giving this advice sg51bmw
  2. Hi need some advice, have finally got a court date, been fighting Nat West since November 2006, court 22nd May, when do I need to get my court bundle out? Interesting the court clerk said they are running 40 a day as they know the banks wont contest? Surely by now the courts need to impliment action if they are wasting this much time and admin on court actions they know will never come to court, our court is in a provincial devon town, so whats the rest of the country's courts doing on a daily basis???? Anyway - what is the recommended time frame for court bundles being sent out? Regards sg51bmw:)
  3. Thanks for the reply, I agree to a point, "bird in the hand" and then pursuing the remainder from that point, however, when we refused under those terms, i.e " not in full and final settlement and not accepting the caveats attached to no longer pursue further claims" the money was out of our account within 5 minutes of arriving - long story...... However my point is, I think you have to go all out for the "full" amount regardless, as it is an academic/moot point about accepting a partial repayment, the banks will just yank it out of your account if you don't play their game, accept it as final payment and don't pursue them further, or they will pursue the convuleted route of Cobbetts threats/letters and awaiting a court date etc. (In my experience so far) before paying up the full amount (not experienced this point yet however based on numerous CAG members to date) I see where you are coming from, however charges/interest and the 8% court set rate is surely worth fighting for - even if you do become the test case, as long as you have done your homework, have followed the set process and protocols the ball lands very firmly in the banks "court" to defend the charges and justify the whole system they have employed... N'est Pas?
  4. Hi all very interested in Tom's comments regarding obtrusive behaviour if turning down an offer from the bank, we did just that, refused the offer, as I am under the impression a full and final settlement offer which is less than the amount owed is a compromise but is not a just resolution to what the banks are doing - let's face it we are doing this because we believe the banks have capitilised profits through unknowing customers accepting fees and charges on their accounts which are illegal. So does Tom think that we should accept the offers from the Banks/Solicitors representing them? Or it may go against us if it proceeds to court? If so, does this not go against the theme of advice provided throughout this advice group???? Confused in Devon- sg51bmw:confused:
  5. Hi hels thanks for the reply, I have the notification of charges, however as a limited company I think anything claimed would go back to the creditors via the liquidator anyway - limited company , so slightly different rules to partnerships I will look into it further - thx
  6. Hi I need some guidence here; Had a company which closed last year, had a business account with Barclays, charges est. £16k, I had to pay all the bank charges and payments as the personal guarantor (Sole Director) The question is, If I paid all the charges and costs, even though the company was limited, and is now closed and so is the bank account, can i pursue the reclaim of charges on behalf of the company from the last 6 years? sg51bmw :idea:
  7. GaryH thanks for that, sorry I know this thread is for AQ, my question was a follow on from previous AQ questions; Sent another copy of schedule of charges to cobbetts, waiting court date and preparing our court bundle I guess, great help from this site as our claim is split between me and wife it comes to nearly £9,500 inc interest, so want to get it right. sg51bmw:)
  8. Hi all had a few threads on this site, however just got another letter from Cobbetts today, after we had sent the AQ to the court, our local one now, we have copied in Cobbetts on all correspondance, however they now want a copy of our schedule of costs, we sent a copy with the CRP 18 letter and a copy to the court, they also want a copy which includes the court interets at 8% - likewise they have not read the letter sent with the copies properly as they want to know what legal basis I am claiming loss of earnings, it actualy states if I have to take a day off work, I am a contractor - self employed so no work, no pay!, to go to court I will claim that days loss based on the current contract, is this legally ok? and do I have to send another breakdown of costs to cobbetts, I know its just another copy, but are they delaying again, this has been going on since november 06 - sg51bmw
  9. Hi all Recieved a letter today from cobblers asking for a schedule detailing charges, this was sent with the reply regarding the CPR18 to them and the court, as well as a copy sent to the courts with our AQ, the AQ has already gone to our local court this week, my wife has a N149 and I have a N150, should we send another copy of the schedule of costs ,which now include the 8%, to cobblers or ignore them? I like the letter from alimehmet but trying to see how it would fit into our situation? sg51bmw:confused:
  10. Hi OK just got AQ, mine is N150, my wife got N149,both our claims are less than 5000? Hey ho, anyway onto more litigious matters, section F on the N150 got the proposed draft order and the additional comments for Section H however - in laymans terms what does the claimant need to provide; I get the copies of statements and the excel spreadsheet for charges, however have a problem with - A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise Copies of decided cases and other legal materials to be relied upon. what decided cases? Or did I miss something If any one can point me in the right direction, as we both want to get our facts, stratedgy etc right.....we dont want to score the own goal that screws it for everyone Bst rgds sg51bmw:o
  11. Hi all:) Long story short, originally wrote requesting interest/bank charges be refunded in Nov 2006 (after sending DPA letter for statements, calculating interest/charges etc) No reply until mid December "Nat West looking into it etc" Next reply 4th Jan 2007, wrote and told them this was delaying tactics and I was pursuing court action. Started court action (claim is £8,496 inc Court costs) Having refused an offer of £6656 we are now doing battle with cobblers - gone down the CPR18 standard reply - sent copy to Northampton court. OK - here is where I need help:idea: Do I need to send a copy of the CPR 18 letter and court letter I sent to cobllers and Northampton Court to my local court ?(we are now being dealt with by them) Also any guidelines on filling out the AQ? - I have a different one than my wife, she has a small claims AQ I seem to have a fast track one? THX SG51BMW:confused:
  12. AdVoc 8 thanks for the advice, funny enough I found one of the strings you and martin3030 wrote regarding this very matter..I will send the bulk standard letter to cobblers re copy to letter to court, scare tactics etc and wait for the AQ to arrive thanks again sg51bmw
  13. If this is still on then counme in.. Fighting nat west, at the same stage as a lot of you guys - sending the wicked letter Martin 3030 quotes, but...Cobbets do send a very threatning letter, especially for those who don't have access to a forum like this...by the way Nat west offered £6,600, we refused..our claim is £8,498, not including 8% interest, claim split between me and my wife to keep it under 5k small claims threshhold (jt account) Keep the free information highway alive! sg51bmw
  14. Further to last posting; sg51bmw So the banks solicitors, Cobbetts, now want all the information, every charge listed over 6 years - they refute the claim stating "particulars of claim do not disclose reasonable grounds for bringing a claim.." "...claimant must plead all accounts to which charges relate.." read the letters to your client I think is the reply here? "...the claimant is put to strict proof of each and every charge the subject of the claim..Dates the same was debited...the amount of same....the description aplied to the charge.." They then go on with a string of areas I have to prove....within 14 days, Come on! Why make an offer and then go down this road after our refusal, any help here would be gratefully recieved TTFN
  15. Further to last posting; So the banks solicitors now want all the information, every charge listed over 6 years - they refute the claim stating "particulars of claim do not disclose reasonable grounds for bringing a claim.." "...claimant must plead all accounts to which charges relate.." read the letters to your client I think is the reply here? "...the claimant is put to strict proof of each and every charge the subject of the claim..Dates the same was debited...the amount of same....the description aplied to the charge.." They then go on with a string of areas I have to prove.... Come on! Why make an offer and then go down this road after our refusal, any help here would be gratefully recieved TTFN
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