Warnes v NW

[Stewpot42]

does anyone read my posts anymore?

 

If i get to set a judgement because NW havent replied to my claim how long could it be until i get my money?

 

They have until close of business on wednesday 11th April to defend!

[pitters]

does anyone read my posts anymore?

 

If i get to set a judgement because NW havent replied to my claim how long could it be until i get my money?

 

They have until close of business on wednesday 11th April to defend!

 

Hi Stew. I'm on much the same time schedule as you and I think tomorrow should be payday for us. If not I guess we have to press the MCOL 'button'!

[PPMAN159]

Good luck for todays guys-hope you both get the desired result.

 

Let us all know what happens

[Stewpot42]

I HAVE PRESSED THE BUTTON!

 

Requesting payment IMMEDIATELY in ONE LUMP SUM!

 

Now feeling like i should have chosen to ask for INTEREST SINCE DATE OF CLAIM which i didnt.

[PPMAN159]

How good does that feel Stew?

 

All you should have to do now is wait for the cheque to arrive.

 

Keep us posted

[endor71]

My was due on tuesday pressed the judgement button, judgement has been rejected, the banks have a new trick, they are submitting a defence on the last day and asking the court to put a bar on the judgement, giving them a further 14 days, have a look at the other threads regarding over the 28 days MCOL seems there are quite a few of us.

[carbonsa]

Endor71. Im in the same boat like you. MCOL told me to call my local court which im trying to get thru to.

[endor71]

me too, seems we are going to get transferred to our local court for a hearing, which gives the bank extra time, but looking at other threads it seems they can pay out before the date of the hearing.

[peterharris]

Endor & Carbonsa

I am in the same situation too, my claim has now been rejected and been sent to the local court.

[PPMAN159]

Surely by transferring the case to a local court will cost the banks money?

 

If so why do they not just pay out rather than incur additional costs?

 

It would be interesting to read the report and accounts to see how they reflect these costs to their shareholders

[endor71]

they have found a way to pay out slower dont know how they can defend themselves, just more worrying for me

[PPMAN159]

The case on Friday being brought by Tom Brennan should be interesting.

 

I just dont see how the banks can defend the case and justify their charges in front of a judge.

[Stewpot42]

I had already transferred my case to my local court before claiming, does that make any difference?

 

Also the lady said that if i got my judgement in early enough they wont have time to dispute it, so hopefully they wont have time to file a "late defence"

[carbonsa]

just called my court and they explained as NW made a late defence on Tuesday night. I will receive an allocation questionnaire, you return with a fee and then the judge decides. Has anybody else got to this stage?

[endor71]

same as you carbonsa exactly

[pitters]

They have no defence! We are in the right.

[Stewpot42]

Right the tw@s have managed to get a defence in it looks like as my judgement request has been rejected!

 

When this AQ comes through, how much is the next fee, as i dont think i can afford it?

 

Also has anyone else had success from this point?

 

(sneaky gits arent they?)

[peterharris]

Stewpot

 

You only have to pay a fee OF £100 if your claim is over £1500.

[Stewpot42]

Well unfortuantely thats £100 that i havent got

[endor71]

peterharris did you get your money or are you like us, waiting for a court hearing? i wonder why some are being paid and some are defending for a court hearing dont make sense to me!

[peterharris]

Endor i am in the same position as you and carbonsa my judgement date was last thursday, i left it until tuesday this week to press the button and heh presto they defended, just waiting for the AQ to come through.

hoping its not gonna be too long now.

[peterharris]

i got a lovely letter from the court in the post today, with a copy of the nationwides defence, it states.

 

the defendant denies that the claimant is entitled to any refund of charges.

 

Did anyone else get one of these?

 

I also got confirmation of the judgement being rejected. no AQ yet though.

[endor71]

I have found this really useful link have a read worth a try i will be doing this when i get mine through it relates to hsbc but i am sure we can use it i also read on on of the links the courts are sometimes doing away with the aq's and going for court hearing date they are fed up with the banks stalling, how can they defend the charges are unfair

 

 

The Court Manager

****** County Court

Court Address

Court P/code

 

 

[date]

 

 

 

 

Dear Sir/Madam

 

 

 

 

You -v- Bank Plc

Claim Number: *******

 

 

 

It is noted that in my case referenced above that the Allocation Questionnaire has been dispensed with. I am aware that this is likely due to the large volume of claims that consumers are bring against the high street banks. I am also aware that to date the banks have failed to defend a case in the courts and that they often use the court process to extend and delay the period of time within which they deal with these matters satisfactorily.

 

 

 

In light of this the Claimant respectfully suggests that special directions may be made as per the enclosed draft order.

 

 

 

The Claimant believes the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed in advance of any hearing so that this claim may proceed justly and expeditiously.

 

 

 

- The crux upon which this claim rests is the true loss suffered by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the Unfair Terms in Consumer Contracts Regulations 1999 and common law principles established since the early 1900's.

 

 

 

- In the event that the Defendant's charges were accepted as being a fee for a service (which is refuted), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

 

 

The Claimant believes that if the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, that it is incumbent on it to disclose such information. Further, the proposed directions are already routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts.

 

 

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that this claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

 

 

Yours faithfully,

 

 

 

 

[name]

 

 

 

enc: Draft Order

 

 

 

 

THEN ON A SEPARATE PIECE OF PAPER - THIS:

 

 

 

 

 

 

 

Draft Order for Directions

 

 

 

 

1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

• d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

• b) Whether such charge is accepted to be a penalty, and if not why not;

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

• e) Any witness statements.

• f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

 

 

 

 

AND ONE FURTHER BIT OF INFO - I KNOW IT'S DRAGGING THIS POST OUT BUT I THINK IT BEST TO HAVE AS MUCH AS POSSIBLE ALL IN ONE PLACE SO:

 

If the judge were to grant the draft order it would mean that when the court asks for the info - this is it, in triplicate (one set for you, one for the court and one for dg) - so DON'T do this until it is ordered by the court and it is about 5 days from being required as it is a heck of a lot of copying - probably over 200 pages times 3.

but this is the info that would be required should the draft direction be made an order:

 

If the judge agrees with the draft order and makes it a direction, it will come back to you and you will have at least 14 days (the date will be on the paperwork) to send in four things:

 

a) your schedule of charges. (ie a copy of your spreadsheet)

b) your statements showing the charges. Alternatively, the list of charges which the bank provided under your S.A.R (subject Access Request) (only send the statements with charges on them.)

c) A Statement of Evidence: (post 55 in the new strategy): New strategy for Allocation Questionaires

d) All the statutes and decided cases on which your claim relies. ie, UTCCR's, UCTA's, SOGA, case law, etc. For this, I'd just submit the whole of the Basic Court Bundle.

 

This whole thing runs to around 200 pages and should be done in triplicate: one copy for you, one for the court and one for dg – that’s 600 pages of copying – LEAVE IT UNTIL YOU KNOW FOR SURE YOU NEED IT. If an offer comes in from DG and is accepted you wouldn’t need it. Really leave it until you have to do it to meet the deadline set by the court!

[PPMAN159]

Someone has been reading Fendy V Nat West!!!!

[endor71]

just trying to get clued up on things starting to panic at the thought of going to court, light bedtime reading