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28 Days Ticking or Clocked?


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Ive had all Nat West p-off letters,so I'm down the line to Moneyclaim.

My Moneyclaim document was issued from Northampton cc 31/05/06

and acknowledged on 6/06/06.This Acknowledgement as I understand it gives them 28 days to file a defence.On the claim form it states "The Defendant is allowed a total of 28 days from the date from when they are served with the claim to reply."

So,if N/W drag their feet in acknowledging the claim does it give them 14 days plus a further 28 to defend? or is it 28 days from the first served issue (31/05/06) ?

If so their time to defend has passed!!

Tim

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Hiya I am in a similar position, I served my claim on them on the 2/6 and they acknowledged on the 6/6. Like you I have still heard nothing, Im sure its 28 days from the day that you started the claim. which means they havent submitted a defence... does that not mean you win by default? I hope somebody can help you... I will watch your link with interest now.

 

Good luck.

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sorry its me again, this is a ps. I phoned money claim, they said that the clock starts ticking 5 days after you started your action, this is so that all of the papers are served and they give 5 days for this... my case was started on the 2/6 which means the papers served was the 7th and they have 28 days from there to lodge their defence...

 

hope this helps,

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Thanks,yes this is what i wanted to know!

I searched the FAQ's but there was nothing to state that the banks clock starts 5 days after they are first issued.If they dont file a defence after this time we DO win by default as I understand it.

All the best and I'll keep you posted

Tim

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Thanks Kanevil,What I've received from Northampton cc is:

 

Notice of issue saying:

Your claim was issued on 31st May 2006 and sent to the defendant by first class post on the 31st May 2006 and it will be deemed to be served on the 5th June 2006

 

Then another letter claiming Notice of acknowledgement from the bank(to give them a further 14 days)

That gives them until next monday 3rd July to put up a defence

tick tock :)

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Not long til the 4th July now, can't wait to hear what happens - so many people getting close to the end!!!!!!!!

 

GOOD LUCK

7th June mcol £30 + 276.00 + int17.37=£323.37 Abbey

Accepted £291 chq cleared 28th July

7th June mcol £120 + 1135.02 charges + 83.42 chq for £1438.44 paid to bank 2nd Aug

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Thanks Lipscombe,no post today,no word online from Northampton cc other than "acknowledged",no post sunday..may kidnap the postman on monday:)

Barracad had a scary letter just before the court case but he stood up to them even to shut up afterwards.He got a full settlement days later..great thread..

3 pages back 28 june Barracad v Nat West

good luck

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Hiya, Im still watching your link with interest, My 28 days is up the day after yours... Have you heard anything at all from Corbetts? I keep thinking today is the day that I hear something but alas the postie brings nothing. Hopefully we will both get our cheques at the same time... Oh how I hope they dont file a defence.

:rolleyes:

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Well..I know you hope they wont file a defence..but..I've had so much bloody pain,sorrow,grief..I've been put into a corner where lots of money was taken out of my account...which after all...your current account is the hub of everything!!

its the centre of your control...then you are charged by them..then penilised by them for going over!!!you have no control!!!

Then the knock on affect is UNBELIEVABLE!!!!!!!!!!!!!!!!!!

its like quicksand...you just fall deeper and deeper.because the credit card companys charge you...and direct debits...once you are on that downward spiral

..its scandalus...so your credit rating is zilch...so if you borrow more money you pay top wack!

I THINK THIS COUNTRY IS GOING TO IMPLODE UNDER A DEPT CHRISIS!!!

I know so many friends are in the same situation...its not just us my friends

go for it!!SEIZE THEM...IM SO ANGRY THAT THEY THINK THEY CAN DO THIS TO US!!! ITS OUR MONEY AND THEY JUST TAKE IT AND MAKE YOU FEEL ITS "YOU" THATS IN THE WRONG!!!!!!!!!!!AAAAAAAAAAAAAAAAAAAARRRRRRRRRRRRRR

ROLL ON 3RD JULY SEE YOU IN COURT NAT WEST

ps..i had to sell my house last month so got nowt more to lose

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ps..i had to sell my house last month so got nowt more to lose

 

I cant believe you had to sell your house, Ive kept mine by the skin of my teeth, but mostly because I have a lodger and my daughter went out and got a job... but its still an upward struggle...

 

I totally understand though. I have been worse off in the last few years than ever before... I really dont know how it happened, but the bank taking the little bit of money I had left each month really has taken its toll... late everything, I just hope, pray really that this is finally coming to an end. The thing is though without the help of the people here I really woudnt have had 1) the understanding 2) the nerve and 3) the help to actually take it all on and give it a go.

 

The best thing though out of all of this is the fact that I no longer feel alone in my stuggle, there are others out there who are struggling the same way I am and that has made all of the difference. 3 months ago I wouldnt dream of telling anybody of the financial mess I seem to have got my self into... its a different story now..

 

I really hope that they file a defence before the 5th of July then maybe I may be able to tell them just how it feels to be in the ever decreasing circles... debt... more debt... meltdown.

 

They wont listen or care... come on how many millions of customers do they have that wont take them on... too many....

 

come the revolution... :D

 

Please let us know how you get on Tuesday... your the first thing I look for now

 

Lynne

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Hi Lynne,28th day ..last day for the bank to defend or I win by default,

so nothing on the moneyclaim site as it still says "acknowledged",the postman is tied to my lampost...so nothing of "Ronny" Cobbets in the mail !!

Yes everyone on this action group deserves a pat on the back,not won yet though!

got to stand up and get some money returned.

I was thinking..if this were a film..who would I want to play me??

do I want Jim Carrey??...NO...Laurel & Hardy?? NO.....

I want Mel Gibson as Braveheart...face painted...sweating from sleepless nights

...breathing heavy and banging his sword on the doors of Nat West in frustration:)

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This is day 29 and still no reply from Cobbets,

What I've received from Northampton cc is:

 

Notice of issue saying:

Your claim was issued on 31st May 2006 and sent to the defendant by first class post on the 31st May 2006 and it will be deemed to be served on the 5th June 2006

 

Then another letter claiming Notice of acknowledgement from the bank or cobbets,their acknowledgement dated 6th June 2006

That gave them until yesterday monday 3rd July to put up a defence as i understand it.Im told by Karnevil that "they tend to wait till the last possible minute to file a defence.... if they dont file a defence you can request a judgement by default on July 4th."

Well,Ive just requested a judgement because its now day 29 and I should now win by default,everything went through on moneyclaim and I wait for judgement

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Thanks Karnevil but I've just looked on moneyclaim and cobbetts must have filed a very late defence :You are unable to take any further action online on this claim.

 

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.

 

So there will be something in the post

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Karnevil wrote

>Excellent - saves you worrying about default judgements then - and keeps the bank to a proper timescale.

 

Hi Karnevil,you've turned my negative into a positive,so its ok that we have to file

another defence claim?

Ive received a cobbetts letter this Friday afternoon

asking for:We enclose by was of service:

1 Defence

2 Request for further information

This is a document full of tecno details,sub claus,UCTA act 1977,SGSA act 1982

CPR 18, BLAR BLAR ECT.

All meant to scare me off I think...but...the basics sound like this..

They are asking for Account number,Account name and charges applied.

(didn't I do this in my letters?)

I must prove that these charges are "breach of contract" and invalid to

1977 UCTA

1999 Regulations

1982 Sales of goods act section 15

Then above all prove that these charges are disproportionely high

They say as I see it .."the charges amount to a service provided by Nat West"

and "not an issue to be judged by reference to principles of fairness under the regulations"(so are they saying this is service and NOT A PENALTY AND FAIRNESS IS NOT AN ISSUE HERE?)(so,is £39 a fair charge and how is this a service?)

it then ask me what charges do i think are reasonable(is this going to be a benchmark for them to have this charge as exceptable?)

The defendant serves with this defence made pursuant to CPR Part 18 and if i dont

the defendant will strike out the claim(now...did I read that CPR Part 18 was only for claims outside the small claims court?,so are they able to ask this or are they being deceitful in asking this?)

If I can break the jargon into proper language i will be able to cope :)

It seems that I have to justify THEIR Service charge when I'm saying theres no service at all,its just a disproportionate PENALTY.

I have until 11th July to respond

Tim

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Part 18 does not apply to the small claims track. Therefore there is no need to respond to any inquiries made under part 18 other than to point out that you consider that the inquiry is intimidatory as part 18 is excluded and that you intend to bring the intimidation to the notice of the court.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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I'm at exactly the same place (same day, same letter etc) and also need a bit of advice as to what to do next ... i think rbrears v's Natwest had something similar but cannot find his main thread.

 

Sorry to hijack your thread and good luck, won't be ong now ... i'll keep my eye on your thread to see if anyone pops up with advice.

NatWest:

Sent LBA on 12 May.

Submitted MoneyClaim on 30 May.

Acknowledged 7 Jun, 3 Jul deadline for response

Defence filed 4 Jul

Received their copy of AQ 21 July, awaiting court date

*********** SETTLED IN FULL - 17 August *************

Egg Card:

Requested Payment Protection Refund on 20 May,

Sent Data Protection Act request, egg acknowledged,

8 Jul deadline for response.

26 Jul: Sent Prelim Letter

01 Sep: Sent LBA

Citibank:

Not Started

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i've drafted the following in response to the CPR 18 request (a bit of a hybrid response taken from other theads), can A mod or someone a bit more legally minded do a quick sense check on it please??

 

Dear Sir or Madam:

Claim No:

 

I Acknowledge the receipt of the defence posted on behalf of National Westminster Bank plc.

 

I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative

 

Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. However, for clarity, I confirm the charges I am claiming were applied to the following account:

Account Name:

Account number:

Sort Code:

 

Please also find enclosed a breakdown of all charges I am claiming.

 

Yours sincerely

 

 

me

 

 

btw, i'm still not trying to hijack. i just think timino could use this too..

NatWest:

Sent LBA on 12 May.

Submitted MoneyClaim on 30 May.

Acknowledged 7 Jun, 3 Jul deadline for response

Defence filed 4 Jul

Received their copy of AQ 21 July, awaiting court date

*********** SETTLED IN FULL - 17 August *************

Egg Card:

Requested Payment Protection Refund on 20 May,

Sent Data Protection Act request, egg acknowledged,

8 Jul deadline for response.

26 Jul: Sent Prelim Letter

01 Sep: Sent LBA

Citibank:

Not Started

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I want Mel Gibson as Braveheart...face painted...sweating from sleepless nights

...breathing heavy and banging his sword on the doors of Nat West in frustration:)

 

Tim this is the best image Ive had for days.... FREEDOM!!! no just gis our money back. My time is up today havent heard a dickybird but its looking like you have at the last min... Im going to read on....

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no problem with me my friend:)

hi Again Tim...

 

Looks like Im a day behind you, I tried to file for a default now but it wont let me its saying I need to give them 28 days which I know is up tomorrow... so Im going to get in quick to see what happens... however, I realise that I will have something in the post since both of our claims were acknowledged on the same day... I will bet on them defending them both on the same day... ah well here hoping.

 

I think it was too much to ask for to slip through the net and not defend.

 

One quick question to you though..

 

Have you had anything at all from them? Ronnie Corbetts or natwest. I know at this stage others have had offers etc....

 

Keep the faith... we will win... and its getting nearer and nearer now...

 

Lynne

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I actually started the monyclaim action button at the start of day 29,then found the defence online around mid-day,then a letter from Cobbetts about 2 in the post,no offers just legal stuff as outlined in my last posting on here

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Thanks Laffar for that great letter of reply to CPR part 18 request,my claim is under £5,000 so Cobbetts are pulling a fast one as its only dealt with in claims over this amount.Im not sure if i have to reply to Cobbetts or Northanpton cc?

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Hi, watching with baited breath - I am 7 days behind you guys (gals maybe).

 

I had notification that nat west will be defending all my claim - but have heard nothing from them. I have another claim going with Abbey, their solicitors have written to me asking for a breakdown of charges so sent them & a copy to the court - heard nothing back from them either!!

 

Do you think it would be a good idea to fax Cobbetts & send to the court a copy of the spreadsheet showing breakdown & account number to try & stop them from delaying.

7th June mcol £30 + 276.00 + int17.37=£323.37 Abbey

Accepted £291 chq cleared 28th July

7th June mcol £120 + 1135.02 charges + 83.42 chq for £1438.44 paid to bank 2nd Aug

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