Hi I recieved a letter from the court today saying: Upon neither party attending IT IS ORDERED THAT 1. Save as appears in this order, this action be stayed pending the final decision of the test case or further order of the court. 2. The defendant shall by 4.00pm 14th September 2007 or by 4.00pm 21 days from the date of this order whichever is the later serve on the claimant a copy of the particulars of claim in the test case or notify the claimant of a website..... 3. The defendant shall within 21 days of the final decision in the test case file at court and serve on the claimant: (a) A case summary of not more than 500 words setting out the effect of the final decision in the test case on this action. (b) Their proposed directions in this case. 4. Upon receipt of the documents set out at paragraph 3 of this order the file be referred to a district judge to consider further dirctions. 5. Either party may apply to vary or discarge this order, provided that any application is made in accordance with part 23 of the civil procedure rules and made on 21 days notice. So do you think I should bother to apply for a lift of the stay and does it have to be via that N..... form sorry I can't remember what the form is called, or can I send the letter that is on this site. My 'good will' offer will run out in about 30 days so I need to do somthing quik so I still have the option to accept that whic to hounest looks the easier option. Could someone help on this thanks

Hi could you tell me where the letter requesting no stay is thanks

Hi looks like i'm going to loose my bank charges claim kind of, I have just recieved a letter from cobbets saying that they have applied for a stay in my case, it seems I don't have any choice but to accept their 'good will offer' of nearly £600 pounds less of what they should be.....

HI Hedgey Do you think it would be worth phoning the courts and see what they say. Also do you think it would be worth calling good old Mr Higley to see if they will up the offer. thanks

HI could someone help with this??? thanks

Hi I have just recieved another letter from Natwest saying that their goodwill offer is still open, they sent me a rather long letter basicaly saying that beacause of the test case they have asked the FOS and the courts not to proceed with any other case until this is resolved. The offer is for £973 and the claim is for £1500 with fees, what do you think I should do, it does not look like I am going to win now please help

yea found that after i posted, I do have a big thread somewhere but I can't find it, thanks for getting back to me, do you know anything about sending a nudge letter to cobbetts cheers

Hi amills58 again Do you think I should send Cobbetts a nudge letter, see if they will hurry up, ifso could someone tell me where to find the template as I can't find it. Many thanks amills

Hi it's been a long time since I last posted i'm still waiting for a hearing date in my case, but did anyone hear on the news today that Natwest had won a court case, will this make a difference to any of our cases. thanks

Yes thats right I did get the notification on the 7th, when I spoke to the person on the phone today, she said the case is with the judge who will set a hearing date, but I will take your advice and give them another ring tomorrow... could that be a bad thing that the judge has it this quick??? thanks

Any thoughts on if I should do the draft order for directions and cover letter??.... sorry to be a pain

Hi I have just rang Norwich county court to ask if I had to pay the AQ fee, they said that I did'nt and the case is with the judge, who will set a hearing date. thats got to be a good thing right???? Also do you still think I should do the draft order for dirctions with the covering letter????? thanks

Brill, I did'nt know if I could send both, but I shall send the CPR part 18 stuff to the courts, and then the letter about the draft directions, which I will have to modify to suit cobbetts defence that they sent to me, is that right???? Also Hedgey06 now I have recieved my notice of transfer from the courts, how long after do they set the hearing date usually????? thanks

yes I have, it arrived today, the AQ is being dispensed with, so do you think I should do the new stratagy and draft directions or just send them a letter regarding cobbetts requst for CPR part 18????

Hi sorry to be a pain but would I do this thanks

hi do I do this now the court has dispensed with the AQ you send the Draft Direction to the court you've now been transferred to - the same as if you were filing an AQ using the new strategy: New strategy for Allocation Questionaires So, this would mean a cover note like this: I have not copied the letter but would I send it with the Draft dirctions to the court........

right will do, when do you think I will get the hearing date, how long after does that usually come??

Hi This morning I recieved my notice of transfer of proceedings from the court. They have transfered my case to the Norwich County court, which is obvious as that is the area I live. On the second page it says: IT IS ORDERED THAT - 1. The filling of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise. Right this means that I don't have to do the AQ right as I did not recieve one.... will there be any kind of fee that I have to pay??? Also there is no hearing date how long after this letter does that usually come.. and should I still send this letter to the court in response to cobbetts asking for CPR part 18 request Send your local county court a copy of this letter here http://www.consumeractiongroup.c o....-re-cpr18.html as soon as your claim has been transferred to them. Help and advice please.....

Hi i'm at that stage to, my cobbetts defence arrived yesterday I sent them this today (with hedgey06's help) Dear Sir Claim No: 7QZ80170 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 since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative 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: MR A MILLER Account number: ******* Sort Code: ****** Please also find enclosed a breakdown of all charges I am claiming, one is the bank Charges interest calculator originally sent to NatWest and the other is Schedule of claim for charges. Yours Faithfully Will have to wait for the courts now I guess....

I do have an advantage gold account on the statement it says for example: charges 28JUNE A/C ******** £37 that is literaly what it says.... what do you reckon

Hedgey06 I have checked the sticky it does not say anything about that CLEARD TRANSACTION, I don't actually know if it is called that but, the statements do not give it a name it just says charge and some go as high as £37. Thanks Adam

I'V got another question I don't know if it is one that may sound a bit silly but here goes anyway on the statements where it says, charge, paid referral or referral charge for June (or any other month) £25.00 I can reclaim that??? Also there are charges that only say for example, 30MAY A/C ******** £25 I can recalim them to????? for those I have put them as CLEARED TRANSACTION on the spreadsheet is that right??? Some of these charges go really quite high

Hi all is this letter ok to send off to Cobbetts in response to their defence???? also I have done the spredsheet for the charges using the template on here, I will send that but it has a higher amount by £15 because of the interest, I will send off the one I originally sent to Natwest as well Dear Sir Claim No: ******** 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 since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative 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: MR A MILLER Account number: ******** Sort Code: ****** Please also find enclosed a breakdown of all charges I am claiming, one is the bank Charges interest calculator originally sent to NatWest and the other is Schedule of claim for charges. Yours Faithfully

Hi Cobbetts defence arrived today I have had a look through other posts but I don't know if this is standard, please have a read and let me know: Defence: 1. This Defence is filled and served without prejudice of the defendant's case that the particulars of the claim do not disclose grounds for brining a claim against the Defendant to recover the bank charges ( and interest theron) referred to in the particulars of claim or any othere sum. In the event that the claim is not properly particularised then the Defendant will apply to strike out the claim and/or for summary judgement in respect of the same. 2. In the particulars the claimant states " the Defendant debited numerous charges from the Claimants account" 2.1 If the claimant is to bring such a cliam against the defendant then the claimant must (amond other things)plead the account(giving details of the name and number of the account) to which the charges have been applied. 3. No admissions are made as to what charges have been debited to the Claimants bank account. 4. The cliamant is put to strict proof of each and every charge the subject of the claim and must identify in respect of each charge (a) the date the same was debited, (b) the amount the same and © the description applied to the charge. 5. In relation to the allegation that the bank charges amount to an unenforceable penalty the Defendant pleads as follows: 5.1 In order for the claimant to sustain a claim that the charges debited by the defendant are in the nature of a penalty the claimant will need to plead and prove (a) the clause pursuant to which the charges were applied; (b) that the charges were applied due to breach of contract by the claimant; and © identifying in each case the particular breach of contract (by reference to appropriate term(s) of the contract) that the charge related to. As presently pleaded the claim does not plead these matters and therefore does not disclose reasonable grounds for brining a claim that all or any of the charges referred to in the particulars of claim have been applied pursuant to an unenforceable penalty clause. 5.2 Until such time as the claimant pleads the matters referred to in paragraph 5.1 above the defendant is unable to plead to the claim brought against it and therefore (pending the provision of full and proper particulars of the claim) at this stage denies that any charges have been applied to the claimants bank account pursuant to unenforceable penalty clauses. 6. In relation to the allegation that the contractual provsions pursiant to which the charges have been applied are invalid pursuant to the unfair terms in Consumer contracts regulations 1999. 6.1 The claimant is required to identify the contractual provisions that the claimant alleges are invalid by reference to the Regulations. Until such time as these provisions are identified the defendant cannotplead to the allegation referred to in paragraph 6 above. The defendant therefore reserves its right to plead further to the allegation once (and if) the claimant identifies the relevent contractual provisions. 6.2 In relation to tthe case of the claimant that the contractual provisions are invalid pursuant to the regulations the defendant pleads as follows: 6.2.1 Schedule 2 to the regulations is an indicative and non-exhaustive list of terms which may be regarded as unfair(emphasis supplied) 6.2.2 If the claimant is to rely upon paragraph 1(e) of shedule 2 to the regulation then the claimant is required to plead and prove in relation to each bank charge that is sought the matters referred to in paragraph 6.1 above and all facts and matters relied upon in alleging that the sums paid are disproportionately high. 6.2.3 In the circumstances no grounds are disclosed for a claim that the contractual provisions (whatever they are alleged to be - see paragraph 6.1 above) falls foul of the regulations and in particular 1(e) of schedule 2. 6.2.4 The defendant id therefore unable to plead to this allegation beyond denying that any bank charges have been applied pursuant to terms which contravene the regulations. The defendant reserves its right to plead further to this allegation once (and if) the particulars referred to in paragraph 6.2.2 above are provided. 6.2.5 Without prejudice to paragraph 6.2.4 it is the case of the defendant that the regulations have no application bacause the charges amount to payment for services provided by the defendant and the adequacy ( or otherwise) of consideration paid under a contarct for services is not an issue to be judged by reference to principles of faurness under the regulations. 7. To assist the claimant with the proper particularsation of the claim, the defendant serves with this defence a request made pursuant to CPR part 18. If the claimant fails to provide the particulars requested in the time stipulated and/or the defects with the claim remain then the defendant will apply to the court for an order striking the claim out. They have given me until 16th July to respond.... What do you all think what do I do?? I used martins money saving site to do all of the letters and there was no spredsheet that you all talk of on here... I did use the interest calculator and send them the working out on that... Could someone advise on my next step... thanks Adam

Brill thanks, good to know there is always help along the way! thanks