TheCobbettSlayer v NatWest ***WON***

[Guest Niklowe]

Congratulations! :D

[The cobbett slayer]

They can apply for the set aside (which I will vigourously defend) otherwise dosh me up by Tuesday.

 

If they don't

 

 

 

IT'S HAMMER TIME!!!!

[samt]

Im just starting out.. completed my SAR..

CONGRATULATIONS

You give us faith to fight them ( for our OWN money back)

[Bookworm]

They can apply for the set aside (which I will vigourously defend)

 

Congratulations!!!

 

But as for defending against the set aside, (if they do it), I wouldn't bother.

 

For a judgment to be set-aside, all they have to show the judge that had they been able to put forward a defence (regardless of the reasons why they didn't), would they have been able to do so? The answer is yes. Not that they could have won it, mind you, simply that they could have entered a defence.

 

The over-riding objective is to give then a chance to defend. So they would get the set-aside, and a hearing set later in the future.

 

It may well be that they will agree to pay up as long as you don't object to the set-aside, in which case, I suggest you agree.

 

There is really no mileage for you to object to the set-aside if they apply. It wil only delay things before you get your money.

 

Regardless of the above, very well done, that kind of amount should rattle their cages a bit!

[wendypowell62]

CONGRATULATIONS

 

Reading this thread has made me more determined then ever.

 

Well Done!

[chriswatkins]

COGRATULATIONS, another one in the eye for natwest

[morgan054]

CONGRATULATIONS PAUL

[The cobbett slayer]

Thanks for that BW. I don't have the cheque in my hand so I'm not doing the poultry inventory just yet but it's certainly looking OK so far.

 

With regards to the set aside, a very close relative used to work in the chancery division of the high court. Opinion is that they may be able to demonstrate that they could have filed a defence, the fact is they didn't and are unlikely to be able to give good reason for not doing so. They didn't even acknowledge the claim and buy themselves 28 days to form a defence.

 

If they choose to pay me I will not object to the set aside. There has been no hearing and I have won by default - no legal precedent has been set so I can't achieve anything for anyone else by arguing.

 

I'll keep you posted!

[eddiem1]

GREAT STUFF PAUL WELL DONE

[Bookworm]

Opinion is that they may be able to demonstrate that they could have filed a defence, the fact is they didn't and are unlikely to be able to give good reason for not doing so. They didn't even acknowledge the claim and buy themselves 28 days to form a defence.

 

If they choose to pay me I will not object to the set aside. There has been no hearing and I have won by default - no legal precedent has been set so I can't achieve anything for anyone else by arguing.

 

I'll keep you posted!

 

That's the right attitude! There's no point in being a martyr for no reason...

 

And I quite agree about the cavalier attitude of Natwest and the contempt it indicates of the little people, don't think for one second I am siding with them *spit* .

 

If you have the time an energy, have a search for the Disneyman v Nationwide. This one worked against the bank, as Disneyman got a set aside months after the judgment, as he hadn't been aware of the unlawfulness of charges then, and so hadn't defended the judgment. He got the judgment set aside, and got money back too!

My point is, even if they didn't defend, for whatever reason, all they have to show is that they COULD have, and the judge will agree to the set-aside.

 

OTOH, you may get the pleasure of sending the bailiffs in, if they don't react quick enough!

[caro]

Hope this all works out for you without any shennanigans (sp?) from the bank.

 

Can you give us a rough breakdown of the £22k, charges, interest, loan.

[The cobbett slayer]

It's on the claim form as £8795 in charges, £5216.89 in loan repayments, £6208.78 in settlement of the balance of the loan (the amount quoted in their own default notice to me) and the rest is interest.

 

Frankly, there will be no shennanigans (and I don't care how you spell it!).

 

Due to the amount of the judgement, enforcement is complicated and falls into the jurisdiction of the High Sherriffs department and in the event of them failing to comply with the judgement, the costs are astronomical

[The cobbett slayer]

Had a conversation with the very tedious Alexandra Rogers from Cobbetts today.

 

6 days after judgement, Natwest have decided to apply for set aside on the basis that they forgot to file acknowledgment. Not the most water tight case but we'll see

[Plutos]

Shame - but good luck. This is a fascinating case and I'm sure you'll prevail.

 

Plutos

[The cobbett slayer]

The judge has ordered that the application to set aside go to hearing. I've only had this verbally from the court so I'll have to wait and see what the actual wording is before I look at how we deal with it.

 

I'll keep you posted

[caro]

You were right not to do the poultry invertory! I never trust that someone has won unless they have the money in their hand. Daily interest must me a reasonable amount on this sum though. Everything is crossed for you.

[The cobbett slayer]

Got the judges directions on Natwests application to set aside today. It says:

 

Before District Judge **** sitting at Mansfield County Court etc.....

 

Upon reading the Defendant's application to set judgement aside.

 

IT IS ORDERED THAT

 

The hearing of this case will take place by way of a telephone conference on 1 NOVEMBER 2006 AT 12.40PM........

 

The defendants legal representative is ordered to arrange the telephone conference.

 

The defendants legal representatives must serve a case summary and draft order no later than 4pm on the last working day before the hearing.

 

All further proceedings in the case are stayed pending the outcome of the Defendant's application.

 

 

Am I missing something here? Is the judge hearing the application to set aside or is he hearing "the case". There is no instruction for me to do anything at all and the directions enclosed with the order state that telephone conferences are excluded from the proceedings if "the hearing could result in the final determnation of the whole or part of the proceedings". I have so far not responded to Cobbetts part 18 request until I knew the outcome of the set aside application. Do I do that now or do I wait for the hearing?

 

I need to be prepared so help please guys!!!

[caro]

He is hearing the application to set aside, not the case. If you are unclear about it, phone the court and ask what, if anything you are required to do. I think it might be a good idea to write to the judge stating your reasons for not wanting the set aside, but see what the court advises and let us know. Check whether or not you are expected to be a party to this call, and if you have a say in the matter.

[chriswatkins]

please let us know what is happening Paul, we are all pulling for you

[Warms]

Yes, me too, this is brilliant and I have my fingers crossed things will go smoothly for you!!!

[danglebbits]

BUMP. want to follow this too as my charges are likely to be very high and i have on old loan (settled) plus a current loan used to pay bank charges.

[stixs39]

Well that's that then. The judge allowed the set aside in spite of our best efforts:mad:

 

I'm waiting to see the full order in the morning but she has ordered Cobbetts to file their defence by 4pm on 15th November and us to respond to their Part 18 request by 29th November.

 

We're going to be looking for some serious help now so watch this space

[The cobbett slayer]

Sorry - that was me posting on the wifes log in.

 

Off to kick the cat and prepare for the next step

[chriswatkins]

sorry to hear that, hope the next step goes better for you, will keep an eye on your thread to see what happens, good luck for the future

[Bookworm]

Off to kick the cat

 

Paul, don't kick the cat too hard , i t told you from the start that they were quite likely to get the set-aside granted. Don't think of it as any kind of failure on your behalf, and well done for fighting as hard as you could.

 

Did judge order disclosure by any chance?