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heathgravett

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Everything posted by heathgravett

  1. Thanks Maybelline I was going to do that as I find it a cheek that in essence I accepted their payments from initial conversations. I can send a letter back to my father to post and we shall see what happens. Cheers
  2. Thanks for your reply. Sorry I gone quiet but I have been trying to establish from my father some info but he knows nothing and has posted the letter. The strange thing is they agreed to pay up and I'm sure from the original letter I sent, I accepted the first offer in part payment. I can't be sure because I wrote the letter on my fathers computer which I don't have access to. Could I write to the court explaining this and my situation? Can I start a new claim including these costs charged using a solicitor to deal with the issue as I am not resident? Do you need to know why first before you can help me? Best regards Heath
  3. Hi All I have a problem. I can only be sketchy but I need some advice. I started a claim against Platform Home Loans for £180. Drydens solictors eventually wrote to me saying Platform would pay up. I had moved home and my redirected mail came so late that I missed the deadline to respond. I called Drydens and explained. They told me to write in. During this time another £30 was charged so I added it and asked for £210. I got no response so i called and was told that because of the extra £30 they had to seek their clients instruction. I then emigrated. Shortly after my father received a letter saying they would pay the £210 but again we missed the deadline for acceptance. My father was supposed to call to confirm but clearly forgot. He now has an invoice from Drydens for their costs. I am only assuming but I would expect that this will be because I missed a hearing and they got judgement by default. I mistakenly assumed my father had sorted it and banked the cheque!!!! Where does that leave me now? Clearly I'm not prepared to pay them and I still want my £210 back but am not resident in the UK now. HELP!!!!!!!
  4. Hi Thanks for your help but I've already seen all of that. My problem is that I am past the Allocation Questionaire stage at court on a joint personal and business account claim and have been told you shouldn't combine them (still not sure why), so I was just trying to find the differing points of law to rely on and submit a new particulars of claim if the solicitors allow to correct my case!! Heath
  5. Hi Karne I have PM'd you on my situation which is almost exactly the same as windchests although I would like to run the claims together and have all the info required in the new POC's. I look forward to your reply either here on by PM. Heath
  6. Hi Well through my claim against NW but need to submit a detailed Particulars of claim. I therefore need someone to detail the common law principles and statute that I will need to rely on in court regarding business accounts (it is a partnership account not limited company). Please don't push me to other threads, as I've searched all day and can find no detail anywhere, unless there is specific details within the thread. Here's hoping!!!!!! Heath
  7. Hi Chris You must have really strained eyes!!!!! Frustrating that this site is sooo good yet when you want something slightly off the beaten track it's difficult to find. I think we just need the statute and common law details for business accounts which we can tack onto the POC you posted today and we will have all we need for Cobbetts. I'm also going to serve them a cpr 18 as per rbrears as this will hopefully put the wind up them too ie he knows what he's talking about and there's tonnes of work for us to do. Keep patient and we will get there in the end. Heath
  8. Martin I have but there's no mention of actual statute or LBA templates links that I can use or that I can find elsewhere. I'm stuck. There seems to be very limited data on business accounts and the advice is contradictory where there is some - ie in templates or FAQ's one part actually details business accounts as limited companies - I'm a partnership!! As you are aware I need to put in a detailed POC which will entail me being specific on the elements of statute and common law I am relying on for the business claim. I'll PM sarah and see if she has got these details to hand. Feel free to post what you know at your convenience. Thanks again Martin, I do appreciate your help here. Heath
  9. Hi Chris Just settled down to see where we are!! One point I would make immediately is that the thread you've got your new POC's from (rbrears) was only for personal accounts. As we know the business accounts need a different procedure. So do we not need to include separate acts/law regarding the business account? And are we still going to get the case thrown out because we never detailed these other acts etc at the prelim stage and LBA stage? I've PM'd bankfodder to look at this thread and see if he can help. I'm going to trawl throught the FAQ's and templates to find the business account threads and see how they differ and post my thoughts later. Heath
  10. Caro I remember seeing a thread which detailed case law back to 1919 regarding penalty fees - it would take me some time to find it again! I don't mind pushing on at this point as 1. I'm on benefits at the mo and haven't had to pay a bean 2. I have further charges not included in the claim that would need to be claimed after this case in any event. What is my risk if I see Cobbetts in court and fail? Will I not be able to claim again? Will I be hit for fees? Any advice here very welcome Heath
  11. Hi Martin3030 What are we supposed to do then? Surely all bank charges are unlawful - I see to remember that the case law relied on is to do with companies! Are you saying that we should separate the claims? Was your earlier advice wrong? I feel I should push on as Cobbetts will surely make an offer and finish this or do you think they will know there is an error and take it to court? In court will they accept the personal claim and strike out the business account claim which at least gives me some money back or will the claim fail in full due to this error? Please don't tell me I have wasted 2 months of time!!! Heath
  12. Hi Martin3030 Thanks for that. I'll find that thread and dish the heavy legals on them and hopefully an offer will be forthcoming. As an aside, I'm also talking to chris on the thread WINCHEST v Natwest and he has been advised by a moderator that a business account claim will not work. I've told chris to view this thread so if you could check out the WINCHEST thread and respond with a definate view I'm sure Chris would appreciate it.
  13. Hi Chris My business account is a partnership and Martin3030 (moderator) has said that I should be ok with this see thread Logan v natwest - won. Is yours a limited company account or a trading as self employed business account? I decided not to use the MCOL for that very reason of limited spaces to explain yourself!!!!! Cobbetts are asking for an improved POC with all the acts, sections and case law to back my claim before they can defend properly. I did have a thread which detailed all of this and I will find it again and post it to you. I'm waiting for martin3030 to confirm my next move. AQ's submitted by both parties and need the killer blow to bring the offer up!! Keep in touch Heath
  14. Hi Martin3030 Thanks for your responses here. On the first points, I'm probably not making myself clear. I sent all the charges schedules and interest calcs as I should have. A lot of people seem to have been asked to resubmit these by Cobbetts. I have NOT been asked for this. I have just been asked to elaborate the POC with all the Acts, sections of acts, common law cases etc that I am relying on so they can file a proper defence. They have now asked me to respond for the second time on this point. Should I respond, as I know a thread which details this (in fact he amended his POC with agreement from Cobbetts), with all the info? on the second points, either partner can sign and all correspondence was sent to the same address as the personal accounts. The cheque book doesn't state t/a, just the partnership name. Cheers Heath
  15. Martin3030 Cheers for the reply, but I can't really say I have complied with their request as I've not elaborated on the POC. I was never asked to resubmit the fee schedule, just elaborate on the claim which I have refused to do under cpr 18 not applying. Am I still within my rights to say as you posted last? Heath PS also on another thread I am now concerned that my claim is wrong in that I have claimed a business account plus 2 personal accounts. business account is a partnership account and not a limited company but I am concerned that this might cause me to fail?
  16. Hi I have a similar situation from Ms Burgoyne asking for further details of the POC. I have served the AQ as haev Cobbetts and they are still askimg for further info. It concerns me over the last comment as I am claiming for 2 personal accounts and one partnership/business account (not limited company) and assumed I could. Are you saying that my case could be thrown out due to the business account?? Heath
  17. Guys HELP NEEDED!!!!!!!!! Congrats Logan, enjoy the cash. Just cutting in on the thread here to get some advice from the pros!!!!! I have returned my AQ by 29 september, so have Cobblers. I took the standard approach of refusing to answer their further info request under cpr18. They have responded basically saying the particulars of claim do not properly particularise the claim. Accordingly, on allocation, they have suggested case management directions cannot be proposed until I serve a full and detailed reply to their request (case law, sections of acts relied on etc). What have others done here - ignored, replied that I will wait for the court or replied detailing all the sections of acts and common law cases that I will be relying on? I have looked at a thread which has responded with all the above and then got paid out so should I take this tack or shut up shop and wait for the hearing date? Everyones help most welcome. Cheers Heath
  18. Glenn Thanks for that. I am responding, simply stating CPR 18 doesn't apply and the court will decide! The post from Kidson at least gives us the common law precedents to rely on but I'm not sure about the sections of the acts that are important. I assume I should know these prior to submitting any further details to court or attending court. I'm taking my A/Q to the court next week. Heath
  19. Kidson Many thanks for your post. I shall respond very basically regarding the CPR 18 request as I will be small claims. Glenn UK I am small claims and I haven't a clue why they've only asked me for the sections of acts. The solicitor is Lynsey Clare Burgoyne of Cobbetts. She asks: The Request 1. In your claim you state that the charges are:"unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations 1999, the Unfair Contract Terms Act 1977 and the common law" 2. Please specify all of the facts relied on by the Claimant in support of the contentions in paragraph 1 above, and in particular please identify (a) the section(s) of The Unfair Contract Terms Act 1977 ("UCTA 1977"); (b) the regulations of The Unfair Contract Terms in Consumer Regulations 1999 ("the Regulations"); and © the principles of common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable. Please also identify the contractual provision(s) that the Claimant alleges are unenforceable by reference to UCTA/ the Regulations. Am I alone in receiving this request? Heath
  20. Hi I can't really help you because I am in the same boat and can't seem to get anyone to reply and help me!! I am taking NW to court and Cobbetts have sent a defence in. They have only asked for details of the sections of the acts that I am relying on. Many others have had the charges issue as well. Maybe I'm lucky!! It appears that if you are on the small claims track then the CPR 18 doesn't apply and we should write to Cobbetts explaining that. There have been links posted on my questions so if you look at my threads it should help you. If you get any detailed help then PM me. I have until 22 Sept to respond! Cheers Heath
  21. Hi All I have tried to get some answers on the NatWest forum but have drawn a bit of a blank.. My claim against NW is just under £4,100 inc stat interest. I have received a defence from Cobbetts Solicitors asking for further information regarding the parts of the various acts that I am relying on. This is tied to CPR part 18 The Request 1. In your claim you state that the charges are:"unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations 1999, the Unfair Contract Terms Act 1977 and the common law" 2. Please specify all of the facts relied on by the Claimant in support of the contentions in paragraph 1 above, and in particular please identify (a) the section(s) of The Unfair Contract Terms Act 1977 ("UCTA 1977"); (b) the regulations of The Unfair Contract Terms in Consumer Regulations 1999 ("the Regulations"); and © the principles of common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable. Please also identify the contractual provision(s) that the Claimant alleges are unenforceable by reference to UCTA/ the Regulations. It appears that if this is small claims I should write to Cobbetts stating I don't need to respond. Is there a standard response I could use? My next problem is that my claim was up to 31 July. In August I have been hit for a further £600 of charges. How do i add it to the claim? Is there a form I can fill in? Do I just write to all parties and add the extra plus interest etc? Or will the August charges be refunded by NW anyway? I need help before 22 September as Cobbetts want a response by then. I also have my A/Q to send back - does anyone know whether I have to pay the £100 if I am on tax credits? I never paid the court fee as I'm on credits so does the same apply? HELP!!!!!!!! Heath
  22. Hi All My Claim against Natwest in the County Court amounts to (including stat interest) £4,097.60. I have received the defence from Cobbetts and need to reply. They only want further info on the sections of the acts that I will be relying on. I have been directed to a few threads and I think I can cobble a letter out of them (they seems to have been asked for much more than me!) assuming my claim is small claims. I am however very concerned that since the claim was registered at court another £600 of charges have been added. I am now solvent so shouldn't incur any more unless an odd charge is deferred till a later date. HOW DO I ADD THESE NEW CHARGES TO THE CLAIM? CLEARLY IF I DO THE CLAIM WILL BE £4,697.60 PLUS A FURTHER MONTH OF INTEREST ETC (NOT CALCULATED YET). IT SHOULD BE UNDER £5,000 BUT IT WILL BE CLOSE WHICH WORRIES ME WITH RESPECT TO HOW TO RESPOND TO THE COBBETTS LETTER (IE MAY NOT BE SMALL CLAIMS!!). ANY ADVICE HERE WOULD BE APPRECIATED. PLEASE NO DIRECTION TO OTHER THREADS...I NEED DIRECT ANSWERS TO MY CASE. Cheers Heath:evil:
  23. Hi All Got the defence from Cobbetts today. Basically states that can't defend further without further information. I have till 22nd September (CPR part 18). I need to know what to do next. They have asked for... The Request 1. In your claim you state that the charges are:"unenforceable by virtue of the Unfairr Terms in Consumer Contracts Regulations 1999, the Unfair Contract Terms Act 1977 and the common law" 2. Please specify all of the facts relied on by the Claimant in support of the contentions in paragraph 1 above, and in particular please identify (a) the section(s) of The Unfair Contract Terms Act 1977 ("UCTA 1977"); (b) the regulations of The Unfair Contract Terms in Consumer Regulations 1999 ("the Regulations"); and © the principles of common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable. Please also identify the contractual provision(s) that the Claimant alleges are unenforceable by reference to UCTA/ the Regulations. Is there a standard answer to this request or can someone help me respond? I wont detail the defence as it basically asks for the info above before they can defend further. Did anyone else get this defence?? Cheers Heath
  24. Hi I've noticed 2 of my credit cards have reduced their charges to £12 recently. Is this move by the banks potentially a problem for claims?? Heath
  25. Hi all I have 4 mortgages currently with another 3 pending. Most of the lenders I have used charge an annual administration fee if you don't take out their insurance product. The fee is around £30 at time. Are these penalty fees for not taking their product as there is little or no work involved in me having alternative insurers?? Cheers Heath
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