orfoster vs Natwest

[steven4064]

Do I need to put all statements to do with bank charges in each pack, so do i need 3 copies of statements??

 

Yes, you should include copies of all statements (at least those with charges on) in each bundle

 

Do i send one pack (bundle) off to Cobblers or take all 3 into the courts??

 

Send one to Cobbetts, one to court

 

and finally I have asked for T&C's for the account but they haven't answered yet so do i use the standard T&C's for standard accounts as this is just a standard current account or do i need the T&C's from the date of account opening?

 

Ideally you should use the T&Cs current when you opened the account. However, if you don't have them (or don't get them in time) put the most recent ones in. See here for my take on the current T&Cs and why the charges based on them constitute penalties. (I could still do with a second opinion on this - someone). In your statement of Evidence, you should state that you have asked for T&Cs at the time you opened the account but NatWest have not supplied them.

 

Steven

[steven4064]

Thanks for your reply.

 

So what I need to have three copies of are as follows;

1. Standard Court Bundle with statements, all letters sent and received all of the cases i guess means getting the spreadsheet showing example claims that have been settled. Also additional docs The McNamara Interview, Australian Default Report, BBC Commission conclusion. So i take one of these into court, send one to cobbetts and keep one for myself.
   
2. I need to do a statement of evidence to send in seperate or does this go with the court bundle also?? i've done the allocation questionnaire bit this is full court date, i've left the letter at home but im sure its said its been allocated to the small claims court already so this isn't allocation hearing.

Is that all correct, its just a few points im stuck on preparing. Im suprised NatWest haven't settled up just yet but still nothing on T&C's which i guess i will need to add to my court bundle?? Thanks again for your help.

 

I think the cases referred to are those listed in the court bundle and so printing the court bundle covers that. Someone will correct me if I'm wrong about that.

 

The copies have to be with Cobbetts and the court 3 days before the hearing date.

 

You will find some stuff for the statement oif evidence on this thread: http://www.consumeractiongroup.co.uk/forum/natwest-bank/18091-just-about-start.html (about page 3)

 

Steven

 

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[steven4064]

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

b) Copies of any statements or other documents relied upon as showing that 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 relied upon.

 

is the usual list of documents required to support the claim -youwill see it again and again.

 

Steven

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[steven4064]

If you read the threads you will see that it is quite common for Cobbetts to go this far. I suspect that NW and Cobbetts don't talk to one another - they shouldn't both be writing to you - either Cobbetts are acting for NW of not

 

Steven

 

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[steven4064]

I'm at the same stage - court bundle has to be with the court by 7th June for hearing on the 21st.

 

Are they going to cough up before do you think?

 

They'll certainy cough up before the 21st though maybe not before 7th, unfortuately

 

Steven

 

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[steven4064]

IMHO there should be a brief commentary on the T&Cs in the statement of evidence that show that the charges are in fact penalties directly resulting from breaches of T&Cs.

 

I drafted such a statement based on the current (Nov 2006) T&Cs (http://www.consumeractiongroup.co.uk/forum/show-post/post-867010.html) but I would have liked some comments from other more experienced CAGGERS before using them. Anyone?

 

Steven

 

ps - I've changed the link (see next post) it is near the bottom of page 2 of the thread - I don't know why it didn't work before.

 

[steven4064]

I have altered the link - see ps to previous post.

 

As I said in previous post I really would like someone else to comment before it is used.

 

Anyone?

 

Steven

 

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[steven4064]

They don't usually bother as they never really intend to defend. If things go as usual, you should get an offer soon

 

Steven

 

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Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site.

[steven4064]

they aren't half cutting it close

That's Cobbetts for you

 

Steven

 

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Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

[steven4064]

Laura

 

CONGRATUALTIONS!

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site