LYNZFA vs NATWEST **WON**

[lynzfa]

Well I Have Had No Offers What So Ever,i Havent Heard Anything From The Bank Or5 The Solicitors

[lynzfa]

i recieved a copy of the bnks a/q today fromthe solicitors.

not sure what the first word says as its all squiggles

it says

p--------- to cpr 3.4(2)(a),the defendant would ask the court to strike out this claim.The claimant has not shown that she has reasonable grounds for bringignthe claim and despite the defendant requesting that the claimant remedy the lack of particularity pleaded in the particulars of claim within 14 days,the claimant has only provided the attatched letter and an updated schedule of charges.The defendant therefore respectfully requests that the claim be struck out.

w2hat does this mean.has anyone else had the same or am i not gnna be getting my charges back.

[dave]

What did you put in your particulars?

[gizmo111]

i recieved a copy of the bnks a/q today fromthe solicitors.

not sure what the first word says as its all squiggles

it says

p--------- to cpr 3.4(2)(a),the defendant would ask the court to strike out this claim.The claimant has not shown that she has reasonable grounds for bringignthe claim and despite the defendant requesting that the claimant remedy the lack of particularity pleaded in the particulars of claim within 14 days,the claimant has only provided the attatched letter and an updated schedule of charges.The defendant therefore respectfully requests that the claim be struck out.

w2hat does this mean.has anyone else had the same or am i not gnna be getting my charges back.

 

What did you actually put in your particulars - as if I remeber they had something like this in the defence - did you rectify the situation then?

[lynzfa]

i said i was claiming for unlawful bank charges as i didnt agree with the amounts i was being charged for going over my overdraft or for direct debits been returned.how can they not understand this.its simple enough i want my money back that they have took off me.now im gettingworried

[gizmo111]

i said i was claiming for unlawful bank charges as i didnt agree with the amounts i was being charged for going over my overdraft or for direct debits been returned.how can they not understand this.its simple enough i want my money back that they have took off me.now im gettingworried

 

Is that exactly what you put or did you use the template and quote the relevant legislation ot back your claim?

[lynzfa]

that is basically what i put,i didnt use any template

[gizmo111]

that is basically what i put,i didnt use any template

 

lynz - you need to bring this to attention of a mod as it is very likely that it will get struck out as you have given no legal grounds for your claim - I don't know if you can rectify at this stage or if you have t withdraw and start again. Have you any other claims in that we can maybe help salvage?

 

Don't worry - the site will help you, this happened to someone else a few eeks go and they got help from the mods - but you need to seek help now - pm someone -

[lynzfa]

how do i pm someone.im really worried now as i cant aford to apply again

[Logan21]

AQ recieved from the Sols today.

 

No such things on mine. Lets rock and roll.

[delorean]

Got my AQ from Natwest/Cobbetts today too. Mine's just clean cut and straight to the point. No extra notes filed or anything.... ?

[lynzfa]

how do i pm,i need help

[gizmo111]

how do i pm,i need help

 

Go to private messages and send new message to whichever mod you choose to help

[gizmo111]

Got my AQ from NatWest/Cobbetts today too. Mine's just clean cut and straight to the point. No extra notes filed or anything.... ?

 

And mine

[orfoster]

Customer Help Desk Money Claim Online

The Customer Help Desk can be contacted for support between 9:00am to 5:00pm, Monday to Friday on:

Tel : 0845-601 5935

Fax : 0845-601 5889

If you prefer to write your query instead, please contact:

 

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

or e-mail to [email protected]

 

 

Courts address, you need to call them and speak to them or write or e-mail and ask them for help, have your claim number to hand. They will tell you a simple yes or no if you can amend your claim. I will attach below the particulors of the claim i used and WON with.

[orfoster]

Claimant has account (A/C No-Sort Code) with Defendant from (Date a/c opened)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00 = amount of charges claimed) taken by Defendant in charges over (X) years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of 1st charge) to (Date of filing claim) of (£0.00 =The interest in the 8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p = Amount of charges claimed x 0.00022).

 

Just fill in the blanks of that if you are able to amend the claim. Im sure it will be fine. Just call the courts, they aren't against you or for you so i would just call them ask them the question. Good Luck and keep us updated.

[gizmo111]

Lynz - any update on claim?

[lynzfa]

i havent pm anyone yet as i dont know who to ask but im gonna contact the court in the morning like orfoster said and see if i can change the particulars of the claim.

[lynzfa]

i have contacted the courts and they have said coz my claim has been processed i cannot change anything on my claim.Also they have carried on with the claim for the wrong amount.i entered the wrong amount on my claim but then asked it to be amended.i was told it could be amended now they are still claiming for the same amount and i cant change it.what can i do

[gregparker15]

mods please

[orfoster]

From having a look at how the court system works i would think they will stike out your claim, however i would imagine that you will be able to re claim for this next time. Can't you call the courts and ask them to cancel the claim and then re start it. I know its gutting but at least you have learnt now.

[lynzfa]

i have already handed in my a/q they wont let me cancel the claim as it is apparently being looked at now so really there is nothing i can do.if it is struck out and i have to claim again.do i have to start all over with the letters or can i go straight to the mcol

[orfoster]

No you can go straight into the MCOL stage. Im sorry you are having hassle but at least now you know how it works and it won't happen next time. Good Luck.

[lynzfa]

i have rang them and they have said its too late to amend it as it has already been processed

[lynzfa]

thanks very muchfor your help i dont know what i would have done withouit this site.