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About Brainstorm

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  1. Thanks for the advice, I think I'll grab the money and count my blessings. I did send the cheque back as it wasn't even my account number on it. Possible slight dilemma; by the time the new cheque gets to me it may not clear before court date...can I really trust them to clear the cheque if I stop Court Proceedings before it clears? I could ask them to be pay it directly into my account but I'm not sure if this weakens my position in any way. Brainstorm
  2. I received a cheque from Cobbetts for the entire amount of my bank charges (£3,566.57) but they wrote on the cheque "pay into acct 637xxxxx" When I questioned them about it they told me it was just a reference number...yeah right! I said they should send me out another cheque and cancel this one. Which they said they would. In my initial letter I requested that as well as refund my charges they should also remove any default notice from my credit record. Although they have offered full settlement they have not mentioned anything regarding this. The court date is set for Feb 26th, should I keep pushing for this? If so does anyone have a template letter I could use?
  3. Looks like I was right, I received a letter from Cobbetts for full settlement...£3,566.57. Reeeeeeeeeeee-sult!!!!! Brainstorm
  4. I received this letter from the Royal Courts of Justice Group, it read as follows: Dear Sir, RE: 2007 folio xxx Brainstorm v National Westminister Bank Plc Your case has been transferred to the London Mercantile Court which is based within the Admiralty and Commercial Court at the Royal Courts of Justice, Strand, London, WC2A 2LL. Please see, for guidance, CPR 59 and the Practice Direction. Your case has been allocated the number 2007 FOLIO XXX this number to be used in future correspondence. There will be a Small Claims Hearing in this case and several others which raise the same or similiar issues at 9.30 on 26th February 2007. The hearing is intended to give directions for the hearing of some or all these cases in a way which saves time and expense. It is hoped that all parties will attend but if this is not practicable the Court will be pleased to consider the written views of any party provided that these reach the Court by no later than 21st February 2007. Although some of these cases have been allocated to the Multi Track, it is the provisional view of the Judge that the costs rules for the Small Claims Track should apply to all of them. Do not hesitate to contact this office with any queries you may have Yours faithfully It sounds to me that the Courts are aware of the Banks' games and are trying to limit the expense on their part. Is this about the gist of it?
  5. Ok, but is this something instigated by Cobbetts or has the local Court transferred it because this Commercial Court deals specifically with Banking ? Is the procedure the same? Does anyone have any stories about going this route? Brainstorm
  6. Good afternoon to all on the frontline. I've just received a letter from my local County Court (Bromley) and it reads: Before DISTRICT JUDGE THOMAS sitting at Bromley County Court, College Road, Kent, BRI 3PX. Upon the Judge considering the claim on allocation IT IS ORDERED THAT The claim be transferred to the Admiralty & Commercial Registry, Royal Courts of Justice, Strand WC2 2LL What does this mean and how does it impact my case? Has anyone else had this? Could this be a test case? Brainstorm
  7. I've already sent the letter in my previous post. Do you suggest I still send this? As for examples, we know Cobbetts claim that didn't recieve POC when they did but will the Judge see that as an example of the 'dirty trick' it is or will he give them the benefit of the doubt?
  8. When Cobbetts sent their Request for More Information they deliberately sent it out with an impossible deadline. Initially I wasn't bothered as I knew I wasn't obliged to send them anything. However, when I received a copy of their A.Q. and saw what they had submitted in Part G (Other Information) I thought "What a flippin' liberty!" (or words to that effect) and I wrote this to my local County Court. I also sent a copy to Cobbetts. XXXXXXXXXX -v- National Westminster Bank plc Claim No: XXXXXX 18th January 2007 Dear Sir/Madam Claimant’s response to Defendants ‘Deadline’ I received a copy of the Defendant’s Allocation Questionnaire which, in Part G (other information), states: “Case management directions cannot be proposed until the Claimant serves a Reply to the Request for Further Information which was due 5 January 2007. The Defendant has however given the Claimant until 16 January 2007 to serve her Reply. In light of this, the Defendant may amend its Defence or apply to strike out.” The fact of the matter is I did not receive the Defendants request for Further Information until 10 January 2007. Indeed, the Cobbetts covering letter (copy attached) to this request is actually dated 8 January 2007, which means that this request did not leave Cobbetts office until 3 days after my 5 January 2007 ‘deadline’. It was clearly obvious that I would not receive their request for Further Information until the 9th January 2007, at the very earliest. Therefore, I believe I was being set up to fail, given a deadline that was impossible to meet without the use of a time machine! This is, in my opinion, just another example of Cobbetts attempt to abuse the process of this case. Yours Faithfully
  9. Cool, I'll do that now. Thanks again deller1, you're a diamond. Brainstorm
  10. Right, got it. Thanks deller1 much appreciated. I sent a letter out last night declining Cobbetts settlement offer (minus the daily rate calculation), do you think I should send out another one? With Gratitude. Brainstorm
  11. The daily rate is Total charges plus 8% x 0.00022 Correct? But when do you apply this daily rate from? Brainstorm
  12. Thanks deller1 this is perfect! With Gratitude Brainstorm
  13. Hi embo, Could you provide a link to the letter you posted. I found one in the template library but it was slightly different as I have already filed my mcol and sent off my A.Q. Your letter seemed to be more relevant to where I'm at. Thanks. Brainstorm.
  14. Hi embo, Thanks for that, I'll get that letter out today. Regards, Brainstorm ps I,m a d-u-d-e!
  15. Good morning to all on the frontline, Well I sent my Allocation Questionaire (Draft order attached) to my local court and it has since been acknowledged by Cobbetts. But I've just received a letter this morning from Cobbetts which read: Dear Madam, (I keep telling them I'm a GUY!!! ) Our client considers that your challenge to it's charges would fail in Court. Our client believes that it's charges are fair, reasonable and transparent. It considers that the amounts debited to your account have been applied strictly in accordance with your agreement with it and it's published tariff, which it is satisfied complies with all applicable laws and regulations. Our client is also committed to ensuring the transparency of the information that it gives to it's customers about the operation of it's products. As such, our client does not believe that your claim has any prospect of succeeding. However, as a gesture of goodwill and strictly on the basis that our client rejects any liability to you, it is willing to offer you a goodwill payment of £1,500. Acceptance by you of this goodwill payment will be in full and final settlement of your claim against our client and strictly on the basis that:- 1. you agree not to disclose to any third party the fact of, or any details relating to, this payment: 2. you write to the Court withdrawing your claim. Whilst this letter is written without prejudice save as to costs, in the event that you decline this offer, we will draw this letter to the Court's attention on the basis that we hold the firm view that this offer is entirely reasonable in the circumstances. This offer will remain open for 7 days until Friday 26 January 2007. We look forward to hearing from you. Yours faithfully Cobbets LLP Has anyone else received a letter like this one?
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