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Im in over my head! Newsam V Natwest


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Hi everyone, I am an official lurker, but now the time has come for my first post! thanks for all the help so far!

 

So. My claim so far is at court, with the hearing date set for 10th Oct. Cobbetts sent a letter stating that they were requesting a stay. Fair enough. I called the court as I heard nothing from them saying that a stay was in place and the told me that Natwest have applied for a stay, but have not paid the fees, and until they do, the case is going ahead as normal.

 

So now I need to put in a court bundle. And im in a blind panic.

I have looked at the basic bundle in the templates and dont undersatnd most of it! Do i need to put all that in?!

I'm afraid I have ballsed up most the way through this, as i didnt keep track of dates that i sent letters (just kept copies on the pc, but didnt date them!) stupid I know - i honestly and naively thought it would never go to court!

 

Can anyone offer me any help or giudance or point me in the right direction please?????

I have no idea what i'm doing and its so very obvious! and yes i know i should feel intimidated, but i do!

 

thanks for reading! Tell me what to do please! i have reverted back to being a scared little girl!

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Hi Cookie nothing to be scared of. What is your court hearing for ? Is it a prelim hearing or your case hearing.

If it is your full hearing your court bundle needs to be in court ASAP. Also a copy to Cobbetts and one for yourself. On the other hand ring the court again before you start printing your court bundle, and make sure they have not paid the fee for the stay. Read through this and print off as instructed. http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html. Good luck and don't be scared to ask any questions.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Hi Cookie 19.

When i started out, i read through a few success stories untill i found one that i could relate to.

http://www.consumeractiongroup.co.uk/forum/natwest-successes/

I then read it again and again imagining i was in the same position.

Soon things fell in to place, allthough i never had to go to court, i had my boxing gloves ready.

Try it, it might help.

If not there are lots of people here in the same position as you.

Just ask.

Good luck.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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thanks for you help so far....I've been looking at all the info that you both directed me to, and i must be really thick lol, as i still dont understand the court bundle (although it does seem to be sinking in a little...!)

 

The letter from the courts says that the claim has been allocated to the small claims track, The hearing of the claim will take place at 14:00 on the 10th oct.

 

It then gives me the standard 'each party shall deliver to every other party and to the court office copies of all documents (including any experts report) on which he intends to rely at the hearing no later than 14 days before the hearing.

 

So am I right in thinking that this is the proper hearing that decides if we get our money back?

 

The OFT report - is that 43pages long? or do i need the other link?

 

Also, I dont have a clue what bits to omit from the basic bundle - do I just add page numbers and print it, keeping all the info in there as it stands, or do i really need to figure out if it relates to my case?

 

I think my case is fairly simliar to everyone elses in that i wrote asking for the charges back, they declined so we added interest. lots more declines, added court fees....

we got a settlement offer of £1114, but we are claiming £2098 so declined that.....

 

Does anyone know, the bank have applied for a stay, but havent paid the fees.....is this a mean trick they use, and they pay at the 11th hour, like they did with acknowledging claims etc? does that make sense?

 

tick tick tick eek!

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parkvale! i didnt realise you were so close to home!

 

our hearing is at York CC, would you like to be my spokesperson and fight my corner for me??????? I'll pay you!!!

I honestly havent got a clue about all this, and it takes me 3 hours just to interpret the court jargon into english. :(

 

back to my reading for the day - had to get a baysitter and the lot so I can concentrate!!

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Hi Cookie

 

Just a quick note on your letter dates, if you find your letter on the PC, right click, then click properties, you will see the date the letter was created. That should help.

 

Can you please type up the order the judge has sent, i know its a pain, but we need to know what has been asked of you. You don't have much time if your case is on the 10th Oct. When is the date of the judges request have to be filed by?

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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OK, i will type the letter up - is it the one giving me the hearing date that you want?

 

also, someting just came along and smacked me like a brick... the interest i worked out using MSE calculator (i started my claim using MSE advice, then when it ran out, moved here)

 

i have only worked it out until 25th july, as thats the last time i updated it. Do i need to update it again before going to court?

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ok, this is the letter that I think you want.

 

Notice of Allocation to the small claims track (hearing)

 

DISTRICT JUDGE WILDSMITH has considered the statements of the case and allocation questionnaires filed and allocatedthe claim to the small claims track

 

The hearing of the claim will tak place at 14:00 on the 10 October 2007 at York County Court, Piccadilly House, 55 Piccasdilly, York, YO1 9WL and should take no longer than 1 hour.

 

The court must be informed immediately if the case is settled by agreement before the hearing date.

 

Each party shall deliver to every other party and to the court office copies of all documents (including any experts' report) on which he intends to rely at the hearing no later than 14 days before the hearing.

 

The original documents shall be bought to the hearing.

 

Date 25 July 2007.

 

 

....................................................................................................

 

I dont get something - well, i think i do as I'm guessing this is a standardised letter, but we were never asked to fill in an AQ, but we did send in further information at cobbetts request.

 

(which I copy and pasted and tweaked from one of the templates on here!)

 

I am aware I have had lots of time to sort this out, but I was lulled into a false sense of security with cobbetts announcing a stay - it was only when we never heard from the courts I thought to check! how thick! if I hadnt of checked, and not turned up to court then we would have wasted all that money on fees!

 

The deadline for me posting is Monday, so any tips before then would be greatfully recieved. If not, I have cobbled together something whihch might just scrape us through. I dont understand the basic court bundle though and why it relates to electric and power companies etc etc.

 

How come you guys know so much! and a great big thank you for sharing your knowledge with us!!! x

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Now my hitchhiker - Don't panic. That's the 1st thing. I know it's a pain but I just copied everything in the court bundle. I assumed that it dosn't matter that it is electric companies etc, it is the judgment that counts. You need copies of all correspondance between you and cobbetts (the judge isn't psychic and it shows how reasonable you have been trying to come to an agreement before resorting to the courts). Also copies of all the statements which show the fees you have been charged. Thank goodness it is possible to fit 2 statements onto a scanner. Then when you have everything ready put it in a strong padded envelope and check with the helpful PO staff the best and cheapest way to send. I know it cost me £6 but I got a signature at the other end so there was no way they could say they hadn't received it. I'm probably talking about registered. I then handed my bundle into the court in person (well it was cheaper) and then I waited. In my case they 'phoned me up the day before the hearing trying it on to get me to accept less but I was firm and polite and after the 2nd call they settled in full. So in the nicest possible way I hope you don't get a court bundle from them 'cos this could act against them at court (as it could be assumed the court hasn't either) and it points to the fact that they never had any intention of turning up.

 

Update the date on your spreadsheet at regular intervals so you have the most acurate figure when they give you an offer. Almost there now.

 

 

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thanks everyone!

after the worls worst day when I felt like giving up, I have finally managed to cobble together a bundle and send it off. so fingers crossed we get a phone call. if not, see the bank in court!

 

Thanks to everyone who has posted so far, you have helped me more than you know.

 

I let you know what happens!

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That's what were here for Cookie. We are all a team. Keep us posted.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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  • 2 weeks later...

well peeps, we are in court tommorrow.

Cobbetts have not sent us a bundle, but they have requested a stay. The hearing for the stay is at the same time as our claim hearing - the judge has decided to hear them at the same time - is this good or bad?!

 

Also, because the last time interest was worked out was in july, would it be worthwile working it all out again, and submitting to the court tommorrow at the start of the hearing a new figure? I'm not sure if i'm allowed to do this - anyone know?

I used the interest calculator on the MSE website - is this correct? oops if it isnt! i think it might be a bit late now!

I'm getting really nervous now!

 

Just thought i'd let you all know!

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Will be thinking of you then. All the best. How much was your daily interest figure after claim was deemed to be served? Multiply that by the number of days (including the weekends) up to and including tomorrow and that will give you the total amount you are claiming since the day you handed it in. Add any court fees that you have paid as well. So yes it is perfectly okay to add the daily interest on - a slap on the wrist for Cobbetts not settling before tomorrow. :D:D

 

 

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well peeps. we were in for about an hour and a half and the judge still stayed the case until the outcome of the big case! could have saved a lot of effort and money if they just sent us a letter out, as all the people we saw go in before hand had the same outcome. roll on next year! then its all to go through again. from the start apparently!

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I'm sorry cookie :( It really isn't fair as like you said, it all seems to be decided beforehand at the moment.

 

Keep your chin up and hopefully this will all be over and done with in a few months! x :)

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It was expected Cookie, at least you tried. Just the wait now to see what happens in January, should be fun to watch. .

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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