TheCobbettSlayer v NatWest ***WON***

[Lula]

I I don't believe that they will manage to have forensic accountants do all the work that they need to do and come up with a figure.

 

My head says that you will get a cheque soon but of course, all this has to be your decision - I still think that they are messing about and have no intention of giving up that information because one way or another it will open up the flood gates more that they already are.

 

Either way, it sounds like you have a sympathetic judge, and they not only have to come up with a convincing figure but I think that your judge will insist upon seeing the procedure that they used in coming up with any figure.

 

 

(Isnt it 10th feb that they have to come up with the magic numbers?)

[The cobbett slayer]

Well I got the written order in the post this morning and there is no ambiguity in this one.

 

IT IS ORDERED THAT

 

1. The Defendant will by 10 February 2007, reply to the Part 18 Request for Information made by the Claimant and daed (sic) 9 November 2006.

 

 

There's still no sign of their disclosure that they informed the Judge would be served by 19th January so I'm at the stage where I'm inclined to give it another week and go for the "abuse of process" approach.

[petrafyde]

There's still no sign of their disclosure that they informed the Judge would be served by 19th January so I'm at the stage where I'm inclined to give it another week and go for the "abuse of process" approach.

 

Sounds like a logical approach, best to sling whatever mud comes off their shoes back at them, surely?

 

Is the week your own timescale to show willingness to cooperate, or standard waiting time?

[The cobbett slayer]

As it's only a week since the last hearing of an application I don't want to be seen to be making spurious applications so it's my own agenda really.

[Lula]

Slowly Slowly catchy monkey Paul - you are doing the right thing - well done and it will all fall into your lap:D mines a Large G&T when you win LOL

[The cobbett slayer]

I know Julia but I'm going on holiday on 15th March and I really would like to tie it all up by then.

[muggins73]

I know Julia but I'm going on holiday on 15th March and I really would like to tie it all up by then.

 

I know annoying, hey. It's so you can spend all that extra cash on more duty free isn't it, come on tell us the truth:D:D:D

[stan5131]

Paul, been trying to pm you but the site wont let me. I got my settlement cheque from Cobblers yesterday morning and I just had a little info for you.

[petrafyde]

I know Julia but I'm going on holiday on 15th March and I really would like to tie it all up by then.

 

 

Oh, we're off on holiday then too! Hope its all sorted out for you by then

[muggins73]

Oh, we're off on holiday then too! Hope its all sorted out for you by then

 

That's it, enough already, everyone is off on holiday!!!

Not even a mention of an invite......I'm gonna cry:p

[caro]

Well I got the written order in the post this morning and there is no ambiguity in this one.

 

IT IS ORDERED THAT

 

1. The Defendant will by 10 February 2007, reply to the Part 18 Request for Information made by the Claimant and daed (sic) 9 November 2006.

 

 

There's still no sign of their disclosure that they informed the Judge would be served by 19th January so I'm at the stage where I'm inclined to give it another week and go for the "abuse of process" approach.

 

I think you should wait Paul. FWIW I think you should see what happens as a result of this new court order.

[The cobbett slayer]

I've had a letter from Cobbetts today offering a very small amount and pushing me to settle before 10th Feb quoting costs in making the disclosure etc.

 

I'm not even considering the offer but I have replied to it.

 

February 10th gets closer!

[Guest NATTIE]

Paul, am following this one and would be interested what will come out of it.

[Lula]

I've had a letter from Cobbetts today offering a very small amount and pushing me to settle before 10th Feb quoting costs in making the disclosure etc.

 

I'm not even considering the offer but I have replied to it

February 10th gets closer!

 

come on them, do share

[The cobbett slayer]

They have offered me £1300 with all the usual confidentiality clauses.

 

The letter pointed out that their client would be less amenable to a settlement if they were forced to go to the expense of making the financial disclosure ordered by the Judge.

 

The Judge was totally clear that he wants to establish liability in this case and the only way to do that is for them to provide an actual costs schedule.

 

Also quite interesting - this letter is "Without Prejudice". Nothing else has been. Why don't they want the court to know about this one?

[Guest ian cognito]

They don't want to go to court, they don't want to pay out, it's al down to which one they don't want to do most now, I think we know the answer to that one

[Lula]

They are just trying to bully you Paul and if, in your opinion, they are just trying to intimidate you and not really trying to reach a fair an amicable settlement the WP bit doesn't apply , and the letter can be shown. If they weren''t worried they wouldn't be bothering to contact you and also, if they were very confident of winning their case they would be wanting to go to court and would be relishing the chance of hanging you out to dry - either way i think it very unlikely that the judge is going to award too much by way of costs to them in the extremely unlikely scenario that you end up in court

[Lula]

They don't want to go to court, they don't want to pay out, it's al down to which one they don't want to do most now, I think we know the answer to that one

 

LOL I like that, I like that alot

[The cobbett slayer]

They are just trying to bully you Paul

 

Do I look like I'm being bullied:D

[The cobbett slayer]

I'm just pondering a thought.

 

Cobbetts haven't filed Standard Disclosure, in spite of telling the judge in court that they would do so by 19th January.

 

Should I write to the Court manager and ask that the file be placed back before the Judge for review as they are now in breach of the order. That way it will be of the courts own motion if they strike out the defence and I'm not actually making an application, I'm just bringing the breach to the attention of the court.

[muggins73]

Not that I pretend to be anyway as near as experienced as you, but I think your suggestion is a good one. This way, and in my opinion, you are not seemingly being unreasonable, perhaps stiring slightly, but not in the slightest bit unreasonable

 

Who knows the court manager may suggest that yu make an application, whihc I'm sure you'll be happy to oblige.

[Lula]

Paul, I thought that the judge gave them until 10th February? or did I read it wrong?

[The cobbett slayer]

19th January to file Standard Disclosure - 10th February to respond to my Part 18 request for actual costs

[ladybird17]

I think it is your duty as an upstanding citizen of this fine isle to write to the court to point out abuses of the judiciary system, so that the taxpayer's money is not further squandered by arrogant and overpaid lawyers who seem to think they can by-pass the procedures of the system that ultimately pays them.

 

So there.

[hagenuk]

I'm just pondering a thought.

 

Cobbetts haven't filed Standard Disclosure, in spite of telling the judge in court that they would do so by 19th January.

 

Should I write to the Court manager and ask that the file be placed back before the Judge for review as they are now in breach of the order. That way it will be of the courts own motion if they strike out the defence and I'm not actually making an application, I'm just bringing the breach to the attention of the court.

 

A change of tune here Paul.

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/42507-cprs-time-delays.html

 

The courts are ultra conservative and always will be. You file for a judgement; they file for a set aside. You obtain a judgement and file for a warrant of execution; they file for a stay of execution.

 

You have to play the long game, civil law is very civilised and breaching an order like this will not mean a great deal, Cobbetts know this which is why they do it with impunity.

 

Exercise patience, do not get emotionally involved and keep playing the game. Nat West have the money, they can afford this, but they can also afford to tie you up in court until you get bored if they so wish - and if it did not go their way and it looked like they might lose, they'd pay up and not feel a thing.