Hi All, So much has gone on that i never got round to sorting my MCOL. Do you think i should start the process again or just go with the court claim ME

£16,000. god... I would be sleeping on the door matt. Best of luck with that. Nicky

Thanks Paul. I'm going away for 3 weeks on Xmas day so i'm hoping they fold before then or i'll have to get someone to keep checking my post - i won't hold my breath though. Don't cobbetts understand that i need to shop, shop and shop on my holiday. Nicky

Got a letter from the court giving a date for a preliminary hearing on the 22nd of Feb. Am i going to have to wait that long for the cheque do you think? I know i'll get it all back eventually...i'm in no doubt but it was so much easier claiming back from First Direct. As soon as i done the MCOL they paid up... Natwest have always been crap at everything though so i suppose its to be expected I'm not loving Natwest

Booooo.

Got Cobbetts copy of AQ. When will i get my offer do you think?

Should i send a copy of A/C to Cobbetts?

thanks for that both. Do i need to say anything about my list of charges that i have sent?

Help Me Please. I have to fill in my Allocation Questionaire now and would really appreciate any help you all can give. I have looked at the templates for advice but I am crap and don't know what to put in the other information. Nicky

Got the AQ ... should i wait or fill this in now? Also.. transferred the case to my local court. :eek: :eek:

Offer of £424. received from Cap One 17.11.06. Rejection letter sent with LBA 27.11.06

Request for payment sent 19.10.06 Letter back fom BC refunding £192. of the £560 that I am asking for LBA sent 27.11.06 requesting the balance

Hi Jonni, I sent a copy of the charges with a copy of my moneyclaim to Natwest on the day I raised the claim. Please see below my MCOL claim 1. The Claimant has an account 96946431 with the Defendant, opened 09/09/1996. Since 05/02/2001 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £1616.00 (b) Interest per S.69 County Courts Act 1984 of 8% - £390.94 continuing at 8% until judgment or settlement at a daily rate of £0.36; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court. I haven't mentioned the default removal in previouse letters. Also, Received a notice trasfer of proceedings 23.11.06 and my AQ. Any help on this would great. Many thanks, Nicky

Still waiting for any help on my question above if anyone can? Received defence in the post from Cobbetts yesterday The defence is filed and served without prejudice to the defendants case that the particulars of claim do not disclose reasonable grounds for bringing a claim against the claimant to recover the bank charges (and interest thereon) referred to in the particulars of claim or any other sum(s). In the event that the claimant does not properly particularise her claim then the defendant will apply to strike out claim and/or for summary in respect of the same. On allocation the defendant invites the court to direct that there will be a case management conference in order for the court to consider the making of appropriate orders to give the claimant the opportunity to properly particularise her claim Ni admissions are made as to what charges have been debited to the claimants bank account. In relation to the allegation that the contractual provisions to which the charges have been applied are unenforceable by virtue of the Unfair contract terms act 1977 (“UCTA 1977”) and/or the unfair terms in consumer regulations 1999 (“The regulations”) and/or the common law, the claimant is required to identify: 4.1 (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 provisions(s) referred to are unenforceable ; and 4.2 the contractual provision(s) that the claimant allege are invalid by reference to UCTA1977 and/or the regulations. Until such time as these sections/regulations/provisions are identified the Defendant cannot (save as appears below) plead to the allegation referred to in paragraph 4 above. The defendant therefore reserves its right to plead further to the allegation (and if) the claimant identifies the relevant contractual information Someone help. Do I reply to the Court or Cobbetts? Many thanks,

Hi all, Still waiting..... wish they would hurry up so i can do some Xmas shopping!! Anyway... not sure if I can do anything about this but thought i would ask. I have been defaulted by Natwest. The story goes.... I was using my overdraft and not paying any money in the account, they were charging me and i then went over my limit and In the end they defaulted my account and sent by debt to a collection agency. Natwest did contact me and i set up a payment plan but i didn't keep to it hence the collection agency. I don't want to have a default against my name for the next 6 years. Do i have any hope of getting it removed?? Any help would be great Thanks 2 all, Nicky

HI, just wanted some help before i post the letter... Can i claim interest at this stage?? thanks

Hi all, Sent request for payment letter 11.11.06 with list of charges that come to a total of £ 1082.

Thanks... hope its quick though. thanks but no thanks letter sent to cobbetts today.

Hi all, Received a letter in the post yesterday from those nice people at Cobbetts with an offer of just over 1/2 of what i'm claiming. NO THANKS I shall send them one back accepting as part payment and letting them know i will be continuing with the claim. What sort of time frame have people experienced before getting the full amount??????? Many thanks,

Hi All, Sent request for payment 11.09.06, LBA 28.09.06 and submitted my money claim yesterday 18.10.06. Just a little question.. I logged into moneyclaim today to check the status and it says that the claim has been issued. In the judgment section is says "Start". When i click on this to get more info it asks " Do you wish to enter Judgment by default or by admission? Please select one of the options The defendent has not filed an admission or defence to my claim The defendent admits that all mone is owed Do i just wait and do nothing? thanks for all help Nicky

It is scary but when I got home last night and found postie had delivered a letter offering me the full amount of my claim the fear just melted away. Good Luck… not long now

Check out my thread for details of my moneyclaim Good luck Nicky

Hi All, Just sent Data Protection letter. Watch this space Nicky 8)

Got offer letter for half and faxed them yesterday saying thanks but no thanks. Bring on the full amount!! :-) :-)

oh thats good... i will be praying that mine is on the mat tonight then. Thanks for easing my mind