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arma

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About arma

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  1. apparently it is supposed to give the claimant and defendant time to try to come to an agreement thus avoiding a court case. Should i write more letters to cobbetts trying to get my money back or should i write more letters to Stuart Higgley trying to get my money back. Since the court action started i have only communicated with Cobbetts. Is this right or should i be writing to my bank manager as well ? I phoned cobbetts up to see how things were going with my claim and they said they were awaiting instruction from their client. How do i prepare for this situation that is looming. Arma
  2. the case was stayed pending the results of a test case in the future, i wrote to the court saying that there has not been any bank going to court over the charges and requesting the stay be removed, words to that effect.
  3. Hi all I rang the court today after posting the template letter asking for removal of stay for my case, anyways the court informed me that they are going to arrange a meeting between myself and natwest/cobbetts to dicuss this. This is what the lady on the phone at the court told me in lay mans terms. So when i get this date what the hell do i say and do when i get there ?, is it likely to incurr me any costs at all ? what if they try to claim costs against me ? Stating to get a bit jittery now has anyone had to do this before and how did it go ? Arma.
  4. OK Michael done all that and paid my £100, how much longer do you think this could go on for as my nerves are starting to get a little frayed now ! I understand i will need to prepare for the court if they do go to court and that seems to be pretty likely now. I have downloaded the court bundle and had a scan through it but it does not make much sense to me, who are the best people on here who can prepare me for this ordeal if it actually comes to a court hearing ! I sent the Proposed direction order and gave 14 days to produce the evidence of what they have taken in penaltys etc. This 14 days statement will that be 14 days from when the court reply to me or 14 days from now? I have printed copy of what they took and on what dates and the reason they took it as printed on the statements ( the schedule ) I also have the original statements showing these details. I also have the letter of offer for their settlement ( which i declined ) and my letter to them of my reason for declining and would accept it only as part payment of what they owe me. Is there anything else i would need ? i am asking because i am getting very very worried now it would be just my luck if it did go to court, so i had better keep you guys informed as to what is going on and hopefully get some coaching and pointers of what to do next ! Arma
  5. Hi all Is it just the AQ i have filled out i need to send to the court ? or do i need to send a copy to cobbetts as well. Do i aklso need to send the schedule of what i am claiming to the court as well or just the AQ ? Arma
  6. Do i send Cobetts a copy of the AQ i am sending to the court with the draft direction order thing ? and schedule again ?
  7. Chhers Michael you are a good un to be sure
  8. Hiya thanks for the reply one more question... do i leave it saying "Draft Order for Directions" or change it to " Order for directions" or "Proposed order for directions", at the top of the sheet i send with the AQ. I take it its the nat west who is the defendant and not cobbetts and i am the claimant, silly question but i wanna be doubly sure i dont mess anything up Arma
  9. Thanks for the reply, but i am well confused ! I take it the schedule is my working out of what the bank owes me ? thats no problem i got that, the same ones i have sent to cobbetts. Do i just send the syuff for previous cases of penalty charges from the court bundle ? The AQ has to be at the court no later than the 16th, i was hoping they would settle before i had to pay the other £100 but i have recieved ther AQ this morning 12th. I realy hope i have done it all corectly. Is there anything i really need to do to make sure this work out ok for me ? Arma.
  10. Hi all recieved Cobbetts AQ today, will be delivering mine in person monday to the court. What do i need to include with my AQ to the court ? i have added this into the section G part of the AQ form I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument. However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith. Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation. Is this all i need to send with my AQ ? Should i include my working out of what the bank owes me as well ? Should i include my polite refusal of their offer of settlement letter ? The bit where i say that i am willing to accept your offer as a partial settlement and will persue them for the rest. ? What the hell is gonna happen next !!! ? starting to get a bit worried now what if it does actually go to court, i have downloaded the court bundle but i cant make head nor tail of it. Me thinks i am gonna need some help here. Arma
  11. Hi all recieved a partial off today as a goodwill payment but... They seem a bit muddle with the ammounts claimed. this is the story so far... We sent in a claim using MCOL a few months ago for £3172.00 worth of charges + interest of £319.36 bringing a total of £3491.36 This resulted in a CPR18 Request asking for more details so we looked at it a bit more and realised that we had not removed the Advantage Gold service fees. So we sent them a full breakdown of the charges less the advantage gold fees where applicable bringing it to £2996.00 in penalty charges + Interest of £379.16 at 8% bringing the total we want to claim to £3375.16 They have replied today stating the original total of £3172.00 instead of the updated total we sent. But they will rely on the the figure of £2996.00 which is only the total of penalty charges and does not include the interest. They have offered £1750.00 as a goodwill Gesture. Here is a copy of the letter i am thinking of sending them. Cobbetts LLP Ship Canal House King Street Manchester M2 4WB Thank you for your letter dated I respectfully decline your offer of settlement of £1750.00 and request, once again, that you return to me all charges imposed on this account and interest totalling £3375.16 plus any court fees incurred. Please note, I would ask that you again refer to my letter in which the correct total for our claim amount ( less court costs incurred ) is clearly stated as £3375.16. This figure, as per the breakdown sent as requested, is for the total penalty charges of £2996.00 plus interest of £379.16. I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder. I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim. I trust this clarifies my position. So here goes for a few questions......... 1 Is this letter ok 2 why are they using the old claim amount ( before i deducted the ADG Fees ) 3 Would this make any difference in court. 4 Should i send a copy of this letter to the court as well as cobbetts. 5 How much longer is this going to go on for Hope someone can help Arma
  12. arma

    Court fees AQ

    cheers peeps will ring tommorow and check on payment methods thanks again Arma
  13. arma

    Court fees AQ

    Hi all will be sending back my AQ today, also sending Cobbetts a fine detail breakdown of the charges i am claiming. This is going to cost me another £100.00 will the natwest refund my court costs ontop of the Penalty charges claims? Also is it possible to pay the AQ fee online ? or pay at the court with credit card if delivered by hand ? Many thanks Arma
  14. Cobbetts have asked me for a CPR18 wanting more details of what i was claiminf for. So i have made up a new sheet detailing the charges this differs from the original claim ammount as i had to remove the ADG gold fees. This brings the ammount i was claiming from 3491.36 down to 3375.16. This is up to date with the interest calculated on the adg gold fee changes yesterday and the rest of the charges calculated today. Will doingthis and sending them different claim ammounts make any difference to my claim in court ? I have given them what they requested and its bang up to date. I have to now fill in the AQ thing and find another £100.00 to pay to the court as they have moved the case to my local court. Arma
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