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jubbit

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Everything posted by jubbit

  1. Hi Razor, This is standard, you'll be getting a letter from their solicitors requesting more info & and an Allocation Questionnaire from the court in the post. It seems they may offer part payment once you respond to their request for more info, you then may have to file your AQ, but they seem to settle after this. (I'm only at the 'received part offer' stage, so hoping I'm right that my big juicy cheque is on it's way!) Good luck and no need to worry, quite a few of us in this boat at the moment!
  2. Thanks for the support Bonnita! Will keep you updated!
  3. Sent my reply to the CPR 18 request the other day & have today received a letter from Cobbetts offering me £1000 as a 'goodwill' gesture. About to write back to say I don't accept their offer. It makes me feel a lot better to have received this offer though, so I'm not quite as worried about the whole process. I knew they'd offer me something, but now that they have, it makes it all more real!
  4. Just noticed something in their defence that may not be standard (not too sure) 2: The Claimant's claim is based in contract. Despite this and contary to CPR Part 16 PD paragraphs 7.3 - 7.5, the particulars of Calim do not plead full and necessary particulars concerning the contract between the Calimant and the Defendant. In the circumstances (pending the proper particularisation of the claim) no admissions are made as to whether there is (or has been) a contract between the Claimant and the Defendant. The remainder of this defence is pleased without prejudice to this non-admission. I'm not really understanding this... are they saying I haven't admitted to having a contract with Natwest? Surely this is implied through having the bank account?
  5. My update... My 28 days is up today - received defence from Cobbetts (no surprise there) and CPR18 request. Same ol' standard information required, same old standard defence too! Currently in the process of printing out my list of charges etc & sending letter to advise not responding to full CPR18 request as anticipate claim will be going down small claims track etc. Toying with the idea of telling them Stuart Higley looked specifically at my account and my charges, (according to his (standard) letter) so why do they not have this information.... Because surely he looked at my account didn't he? He said he did! haha. Perhaps a note saying the charges aren't quite as clear, reasonable & transparent as they would like to think?? I WISH!! So anyway, not really doing anything in that last paragraph, but onwards with the CPR18 stuff & will update you with any details as they come to hand!
  6. I wish you luck, I just don't want you to get your hopes up. The thing is, your moneyclaim was 06/06 - your first letter from the court will say this is deemed to be served 5 days later (11/06) so the 28 days starts from the date deemed to be served, which is 11/06 not 06/06, in which case you time was up yesterday, the day they would have provided the defence to the courts. I will read your thread with interest, I'm not a party pooper, I just don't think they got their defence in late. I was exactly the same time frames as you, and when I clicked the first option 'judgement by default' yesterday, MCOL told me I couldn't as the 28 days weren't up. Sorry, I REALLY hope this isn't the case, but I would advise you to contact the courts and query about what judgement you've entered, whether their defence was late, and whether you are in a situation to issue the warrant. You don't want to get this part of things wrong, you've come so far!! Good luck mate!!
  7. When I clicked on judgement on MCOL I had two options: 1) Judgement by default (i.e time frame is up) 2) Judgement because the defendant admitted to the charges. My interpretation of this was that option two was only if they had admitted to the charges outside of court. Can anyone confirm? Incidentally, when I tried doing option 1 yesterday, my time frame was too soon (It was 28 days from 12th June - MCOL submitted 7th June - they add five days from the day you submit to consider the case 'served') so I don't think your time was actually up either. I've logged in today & defence is filed, I think you are in the same boat as me I'm afraid - if you got their letter today, with the same timeframes I've just mentioned, their defence was actually on time. I hope for your sake I'm wrong on this!
  8. That sounds right, about £35 for each bounced DD. This is where these charges are totally ridiculous - the bank is then putting you in OD by £70 of their own charges, when the DDs don't even add up to £20!! - and now you still have to find a way to pay Wannaddo & TV licence! They make me so mad! Anyway, could rant all day - you're other query re: £9 turning to £29 - I think thatthis would be a £9 ad/gold charge & a £20 unarranged borrowing charge as they put these on the same 'description', and once upon a time the unarranged borrowing fee was £20. - Be careful on this as you don't want to claim the £9 ad/gold fee.
  9. Just a quick question, when you say the bank are willing to pay the full amount, did they or Corbetts contact you & advise you of this? I did my moneyclaim on 06/06/06 - same as you, but it's still too soon for me to do the judgement by default as the time's up tomorrow or Tuesday (as it's based on the mcol deemed to be served 12/06) - just wondering if you had seperate confirmation from the bank rather than filing the judgement by default? Thanks! and big CONGRATULATIONS!
  10. Nope it's standard & just giving themselves more time! So don't worry about it, youll just have to play the waiting game from here!!
  11. Yes it does help! Thanks! Sounds like I'm about 4 weeks behind you, so no need for me to be worried that I haven't heard anything!!! Cheers, J.
  12. I think it's the Maximum of £90 of paid referral fees only. They then slap on dishonour, OD & card misuse fees on top!! But how very generous to limit a paid referral fee to a mere £90 per month!! :o
  13. Hi Clarkson, I was wondering, what date did you file your original MCOL? I know you had already started this when you first posted here on 12th June, but just wondering how long before then it had been that you did your MCOL? I filed mine on June 6th, and haven't heard a thing from Cobbetts, they've filed an acknowledgement of service but I haven't heard anything else! Just wanting to check your date with mine to see if they may have forgotten about me or if I have more time to wait before I get an offer!
  14. Going to burst your bubble now.... got another one today to advise Natwest had acknowledged my claim - this one did have the court's name on it! Sorry SS!
  15. oops, seems I was writing mine the same time Mountainofdebt was saying the exact same thing! N'mind. Quote: So when they send the papers through the post are they in 'court marked' envelopes as I'm trying to keep my finances hidden from my folks (buckets full of debt ) ? :-| It's a plain brown envelope marked private & confidential with a Northampton PO Box on the back, no mention of a Court, so as long as the folks don't open your post you should be alright!
  16. Also, when you get a copy of your claim in the post, the court will say your claim was issued on xxx date, the court sent it to the defendant on xxx day and it will be deemed to be served on xxx day - so they'll tell you the actual date. They are very generous (to the defendant) mind you, mine was issued June 7th and deemed to be served June 12th! Natwest was able to receive & issue an acknowledgement before the actual 'deemed to be served' date was up!!!!
  17. I'm not an expert at this but I'm sure I've read that you can't claim for the interest they've charged YOU, you can claim the 8% on what you're claiming, but not what they've already charged as this is interest on a debit balance which I think is legit (although £600 of interest charged to you sounds excessive!) I had the money claim on line prob with there being too many characters, if you go to the end of each line (boring I know!) and hit delete, there's normally an extra 'glitch' space there, this can also help you get it in the line limit of 24! Sorry can't be more help, but this may get you through a little bit until someone more in the know can assist!
  18. Congrats on your (almost total) win, I've been following your thread with interest as I've started my MCOL against Natwest a few days ago. I was SO looking forward to hearing what happened at the next step and how far they would actually go with this! I'm disappointed I won't get to see that next step, but totally for selfish reasons (ie. so I will know what to do if I get to that point!) Totally understand your reasons for leaving it where it is, a tough situation for you to be in the middle of! It took a lot of guts for you to get where you've got & I'd like to thank you for keeping us all up to date with it so we know what to expect!! Can't thank you enough! Jubbit. PS: Now that hubby is happy, make sure you remind him he wanted to settle at their offer of half the total, so the work you've done for the other half should be yours and used to treat yourself!! haha
  19. Thanks for your help on this! I'm glad my claim wasn't for things I shouldn't be claiming for! I gave the bank 14 days to respond, which they did do, within just a few days, telling me they weren't going to come to the party, which is when I started proceedings. I'm fully prepared to go to Court for this, but got to admit I'm hoping it doesn't get to that stage as I'll be nervous as anything! I have a friend studying law & working for a law firm who I've arranged to go with me if it gets to that stage (or at least prep me), so I do realise it's an option, I just didn't realise that many of these cases ended up there. Also very reassuring to know I wouldn't end up paying their costs, I think that was the biggest concern, if I don't get my money back & lose the £120 court fee, I'll put it down to experience, but if I had to pay for their defence too, I would not be happy! Paying more money to Natwest right now is the last thing I want to do!!
  20. I was lucky enough to bypass the DPA issue with Natwest as I had all bar a couple of months of bank statements for the past 3 years. I calculated my charges to be £1539 this included OD fees, referral fees, card misuse fees & dishonour fees. I sent them one letter notifying them of intent to take them to Court if they didn't refund the charges (advised them of legal reasons I believed they owed these to me), and received a standard letter a few days later saying they wouldn't pay as they haven't done anything illegal. I have just issued court proceedings today. I'm now slightly worried after reading this site for a few reasons: 1) A post referring to refferal fees - should I have claimed for these? I figured they fell in the same 'rip off' catergory so I have included them, but do these actually fall in the same category. I had one month I was charged £90 for these so I assume they do! 2) I haven't done any more than one letter relating to this so am worried this may not be enough warning before I had started proceedings? (I'm only concerned about this because I see about 3 letters in the library that are all pre-court letters) 3) I see that in the litigation section there is mention of some banks submitting defence. I was under the impression the banks weren't doing this as this would set a legal precedent and the reason these cases were being won was because the banks didn't submit any defence. Now I'm worried I'll actually have to go to court! AND... if that happens and I lose, I may be liable for THEIR legal costs and have to pay for their big-wig lawyers! Just after reassurance I guess! Any advice would be most appreciated & I'll keep the thread updated with what happens!
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