Fryster Vs Natwest!

[fryster]

AQ and response to CPR request taken to court today, copies of both sent recorded to Cobbetts. I have given the local court one copy of the charges I am claiming,as well as sending a copy to Cobbetts. I didn't send a copy of the charges to MCOL (Northampton) - will this affect my claim?

 

Also, the defence from Cobbets has 8 points to it, with point 4 having two sub points to it and point 5 having about 15 sub-points to it. Does this sound right, the POC I used is above so is this a 'standard' reply to this?

 

Please can I have some reassurance things are on track?

 

THANKS!!!

[fryster]

AQ and response to CPR request taken to court today, copies of both sent recorded to Cobbetts. I have given the local court one copy of the charges I am claiming,as well as sending a copy to Cobbetts. I didn't send a copy of the charges to MCOL (Northampton) - will this affect my claim?

 

Also, the defence from Cobbets has 8 points to it, with point 4 having two sub points to it and point 5 having about 15 sub-points to it. Does this sound right, the POC I used is above so is this a 'standard' reply to this?

 

Please can I have some reassurance things are on track?

 

THANKS!!!

 

Please can someone reassure me with an answer to my previous question? No offer or response from Cobblers since transfer from MCOL to local court.I'm starting to get a bit worried that I've messsed up. My POC is below:

 

Particulars of Claim

Claimant has account ******** with

Defendant from 19th February 1997 conducted

on their standard terms and

conditions.Claimant is claiming the return

of £3247.85 taken by Defendant in charges

over 4 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 9th December

2002 to 29th September 2006 of £445.90 and

also interest at same rate up to the date

of judgment or earlier payment at a daily

rate of £0.71p.

 

 

PLEASE HELP, THINK I'M OKAY BUT WANT REASSURANCE!

[Deller]

I don't think there's a definite guidline for what happens now, Cobbetts will probably wait until the last minute to get there AQ in, so anything could probably happen between now and then. You're at the same stage of your claim as me and I've just received a 50% offer, so you may get one in the next few days. Some people don't get the 50% offer atall.

I probably wont hear anything again until 22nd (Cobbetts AQ dealine), I'll be declining their offer Mon morning but who knows what they'll do next!!

 

Your POC seems to be fine, ( a lot better than mine anyhow).

 

Just hang in there Fryster it gets a little daunting for all of us at times!! :grin: :grin: :grin:

[fryster]

Bit annoyed, think I've understated the ammount I'm claiming. Ammount was the charges they owe me & 8% on top of each charge (as per spreadsheet) but I didn't add 8% onto total claim. Bummer! Oh well, just have to make do with just under 4k coming my way! lol

[lisamellor]

you add 8% on each charge from the day it occurs.

 

you dont add a further 8% to your total.

 

your total for interest will go up each day.

 

is this what you mean??

[fryster]

Recieved an offer for 50% of my claim a few weeks ago. Am still waiting for the judge to decide on what happens next. Am I likely to recieve the full ammount soon, or will I have to wait for the judge to make a decision? Wanted my money befor christmas but doesn't look like it's going to happen

[cheddar]

Most cases dictate that you'll get 100% soon but all anyone can do is speculate. As for getting it in time for xmas even if you do it can take 7 working days for a cheque to clear anyway, you'll get it back and if it wasn't for this site I would have my money at all never mind in time for xmas! lol!

[fryster]

Thanks Chedder, they do like to drag it out don't they? But we're not going away and they'll have to pay up in the end! The annoying thing is I have a load of charges since starting this claim so will have to do it all over again!!!

[fryster]

Recieved a general form of judgement or order from the court. It says the following:

 

IT IS ORDERED THAT

 

1. List for a preliminary hearing first open date after 14 days with a time estimate of 20 minutes to consider evidence required and a time estimate.

 

2. See attached hearing notice.

 

The notice says:

 

TAKE NOTICE that the hearing will take place on 21 February 2007 at 09:30 AM etc.etc

 

What happens now? Will it make it this far or will thay pay up soon? HELP PLEASE!!!

[cheddar]

They'll pay up before then don't worry, can't see them dragging it out by another 2 months! lol!