Jump to content

 

BankFodder BankFodder

mikhug

Registered Users

Change your profile picture
  • Content Count

    8
  • Joined

  • Last visited

  • Zodiac

    Pisces

Community Reputation

1 Neutral

About mikhug

  • Rank
    Basic Account Holder
  1. I was made an offer from Natwest back in april but chose not to accept it to procede with court action to try and get the full amount. I don't think I was too far from getting a result but now this high court test case has thrown a spanner in the works and it looks like I could be waiting a long time to get any money back, a lot longer than I would like to wait as the bank has now said its closing my account and demanding repayment. I was looking back at the offer they made back in april, and although it says I had 8 weeks to reply it does not have a date on the letter. What do think the chances are of the bank paying up if I were to sign the offer and send it back? Could they prove i hadn't recently recieved it? It wasn't sent recorded or registered post. Even if there's no chance of getting the cash this way, you think it would be a good wind up for the bank? A little payback!
  2. Thanks very much Hedgey06, that's really useful. We'll battle on with Natwest...! Mikhug's mum
  3. I phoned the court as you suggested and on the clerk's advice wrote to say that my son want to continue the case to a hearing. The court really did give them till the 22nd auguust to reply! I did see the letter that Cobbetts had sent on the 5th July and they claimed that my son had not replied to their request under CPR18. I pointed out to the court that he had replied to their request by stating 'the CPR pt 18 is excluded under part 27 and is intimidatory etc.' response. Now Mikhug has today had a demand from Natwest under the Consumer Credit Act demanding that he repays the full sum, his overdraft facility will be cancelled on the 2nd August and they intend to file a default to recover the debt if its not paid within 28 days of the letter. Have any others in the reclaiming process had this response in the last few days? Thanks Mikhug's mum
  4. Many thanks Hagenuk! I shall do as you suggest tomorrow and really appreciate your advice. Mikhug's mum
  5. First I should point out that I'm mikhug's mother acting on his behalf because mikhug suddenly had a work commitment abroad. He wrote to the local county court before leaving to ask if they could postpone his case until the 27th August, or if they couldn't he was authorising me to act on his behalf. (This was at the stage when the Northampton court had written to say that his case was being transfered to them and the allocation questionaire dispensed with unless ordered otherwise. Cobbetts had filed a defence which included reference to CPR part 18 and the usual blurb about the claim not being particularised etc. Mikhug had responded to Cobbetts with the particulars of his account and the charges (already sent previously!) and his letter said the CPR pt 18 is excluded under part 27 and is intimidatory etc. He later sent a nudge letter indicating willingness to settle out of court. The court responded with an Order dated 22/6 that : the defendent responds to the Claimants request for further info under CPR pt 18 by the 22/8/07 and in default the claim be struck out. (they appear to have got it the wrong way round - the Claimant should respond to the Defendent). and Upon compliance with para 1 of the Order the claim be stayed for 1 month for the purpose of negotiations with a view to settlement. I breathed a sigh of relief but then, I had another court Order saying that without notice and considering a letter from Cobbetts dated the 5th July 'Ex parte the Order of the 22nd June be set aside', this order being made on the courts own intiative. If I object I can make an application for it to be set aside, varied or stayed within 7 days of receiving it. Cobdens letter to the court said that Mikhug had failed to reply to their request for further information. Could you advise me please - I'd hate to see my son lose his claim of £1800 because he's away for 5 weeks but am unsure of how to respond to the court. Many thanks Mikhug's Mum
  6. hi everyone wondering if someone could give us a bit of advice for my case. i'm trying to claim £1525 plus interest & £120 court fee off NatWest. i went through the process of prelim and lba allowing the time limits. i filed with mcol. 2 days later i received an offer from NatWest for the £1525. as it was past the deadline and i'd already paid the court fee i did not respond. cobbetts aknowledged the claim and then sent a defence, both last minute. in the defence they asked for a cpr18. i sent them a letter found on this site basically refusing a cpr18 due to small claims track. i've now had a letter from the court saying the the case is being transfered to my local court. in the letter it says "The filing of an allocation questionnaire be dispenced with in this case unless the District Judge at the court of transfer orders otherwise." Does this mean i just wait for further direction from the court? as of yet i've sent nothing to the court. is this correct? should i expect anything else from cobbetts at this point? to add a spanner to the works, i've just had a contract for a new job today, and will be going to africa for six weeks on the 27th of june. i take it i should make the court aware of this. was also going to send cobbetts a nudge letter today but am not sure if this would be the right thing as i am going away. also, because of the new job i am not as desperate for the whole amount. is it too late to accept the offer from NatWest? its getting a bit confusing! any advice please
  7. hi everyone wondering if someone could give us a bit of advice for my case. i'm trying to claim £1525 plus interest & £120 court fee off natwest. i went through the process of prelim and lba allowing the time limits. i filed with mcol. 2 days later i received an offer from natwest for the £1525. as it was past the deadline and i'd already paid the court fee i did not respond. cobbetts aknowledged the claim and then sent a defence, both last minute. in the defence they asked for a cpr18. i sent them a letter found on this site basically refusing a cpr18 due to small claims track. i've now had a letter from the court saying the the case is being transfered to my local court. in the letter it says "The filing of an allocation questionnaire be dispenced with in this case unless the District Judge at the court of transfer orders otherwise." Does this mean i just wait for further direction from the court? as of yet i've sent nothing to the court. is this correct? should i expect anything else from cobbetts at this point? to add a spanner to the works, i've just had a contract for a new job today, and will be going to africa for six weeks on the 27th of june. i take it i should make the court aware of this. was also going to send cobbetts a nudge letter today but am not sure if this would be the right thing as i am going away. also, because of the new job i am not as desperate for the whole amount. is it too late to accept the offer from natwest? its getting a bit confusing! any advice please
  8. first of all sorry if i've posted this in the wrong place but not too good with computers and not sure where it is to go. need a bit of advice with my claim if anyone can help, think i've made a bit of a cock up. i'm trying to claim back a total of £1,832.81 from natwest. £1,525.00 0f charges and £307.81 in interest. i first wrote to the bank on the 1st march asking for my money back. i sent the lba on the 19th march but did not put the claim to the court until the 26th april, using mcol, so the bank would have been served with the claim on the 1st may. the trouble is the date of the first charge i'm trying to claim is 4th april 2001. as you can see it is under the 6 year limit from when i first asked the bank but over it from when the bank got served with the claim. in the defence from cobbetts it says; without prejudice to the foregoing paragraph, if and to the extent that the claimant proves the allegation that the defendant debited charges to the claimant's bank account, insofar as such charges were debited on a date or dates more than six years prior to the issue of the claim, any remedy in respect of the same, whether damages, restitution or otherwise, is barred by the operation of the limitation act 1980 and/or the doctorine of laches and the defendant will apply to strike out this aspect of the claim and/or for summary judgement. does this mean the whole claim will be struck out or just the part which is over the 6 year limit? not sure what to do now, any advice will be greatly appreciated.
×
×
  • Create New...