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TheCobbettSlayer v NatWest ***WON***


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Must be long. It's taken 24 hours since the announcement.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Does that mean that you are not going to give us the details UNTIL your thread reaches 400 posts?

 

Excellent news, and it certainly shows what can be achieved when you are focussed and do your research properly. Well done.

 

Thanks for that Alan - it's been a hard slog so here's the details.

 

There are several points I need to make clear so bear with me and I’ll try and explain everything.

 

You need to read back a bit, if you haven’t already done so, to the point at which I declined a “derisory” offer in respect of the loan aspect of my claim. Whilst doing so, I put pressure on Cobbetts to respond to my Part 18 request as ordered by the Judge on 17th January. Bear in mind that Cobbetts at this stage stated that no further offers would be made.

 

I sent the letter (post #354) and got a response yesterday. The response is that NatWest re-iterates its position in that it cannot locate the loan agreement so any application under S.77 (1)/78(1) of the CCA would be futile.

 

I was tempted to reply along the lines that failure to respond to a formal request and payment of the statutory fee may leave Natwest open to criminal proceedings. However, in the final paragraph of the letter, total capitulation. The offer is for an amount substantially in excess of the repayments I have made on the loan.

 

The amount involved (I am not disclosing that until I have cleared funds) is a little short of my original claim, but I seriously believe that if the offer were brought before a Judge it would be considered reasonable and I would lay myself open to their costs if I were to refuse it.

 

The most important part of this is that the offer I have accepted has no mathematical basis. I have a Court Order for Natwest to disclose actual costs. They don’t want to do that so I have basically been “bought off”. What I have got is for want of a better expression hush money. This does not alter the fact that a Judge would almost certainly have seen the offer as reasonable. I could have held out for disclosure but as I have said before, I will do everything I can for CAG but I’m not going to be a martyr.

 

The main issue here is that my claim hasn’t resolved anything with regards to consolidation loans. The payment to me, albeit a rather large one, is entirely without any admission of liability on the part of the bank. All I have proved is that they are still determined not to disclose actual costs and reached a stage with me where it was worth a certain amount of money to avoid disclosure.

 

If there is a lesson to be learned from my claim it is this (unfortunately it only applies to claims outside of the small claims track). Make a request under Part 18 for the Defendant to provide “the actual cost of administering each and every alleged breach as particularised by the Claimant”

 

It’s the one thing they really want to avoid at all costs. I persuaded a Judge at hearing before Counsel for The Defence to order disclosure of actual costs, even after I had partial settlement, so the Part 18 is going to be a very useful tool. They won’t respond to it by choice so don’t be afraid to make an application for an order. The Judge in my case made it clear that disclosure of actual costs is crucial to the final judgement.

 

I just want to be clear that I have been paid not to continue with litigation. I don’t want to give false hope to anyone who is attempting to recover loan accounts. The settlement I have received is based upon Natwests desire not to disclose, there is no precedent. I would urge anyone who has the opportunity to try and force disclosure of actual costs to do so but to quote the Dragons Den “I’m out!”

Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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Must be long. It's taken 24 hours since the announcement.

 

Family business Caro - been at a 2 year olds birthday party - he lives in a pub. How cool is that for a party:D

Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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Very many congratulations Paul, it has been a long arduous slog, but you have some through it with flying colours, and with great dignity - you are indeed THE COBBETT SLAYER!!!:D

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Paul, I have seen your posts grow from its initial phase and seen the highs and the lows of your case. I am so pleased for you and your family and I hope that now 2007 looks brighter for you and that you continue to remain on here to help as you have done for a long time, and i hope you take time away after the pressure of it all, and remember Paul, drinks are on you at the next CAG do, can you remind EVERYONE where it is?:D

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Hi, Paul

 

CONGRATULATIONS!!!!!!

 

Well done, mate - especially, for keeping on when things got a bit concerning.

 

Who cares what the ultimate reason was? You've got your money back. Have a holiday, buy a new car (or whatever), get some new shoes. Or something.

 

An inspirational tale - great stuff!!

 

Westy

 

PS - I wanted to be No. 400 but was otherwise engaged!

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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Paul, I have seen your posts grow from its initial phase and seen the highs and the lows of your case. I am so pleased for you and your family and I hope that now 2007 looks brighter for you and that you continue to remain on here to help as you have done for a long time, and i hope you take time away after the pressure of it all, and remember Paul, drinks are on you at the next CAG do, can you remind EVERYONE where it is?:D

 

Would that be the do in

 

MANSFIELD

I may be able to find a few bob for some beer;)

 

I am, as suggested, taking a short break. It's no secret that all of this has had an affect on my mental health and it's time to slow down a bit. My flight leaves Manchester on 15th March and I'm going to spend a couple of weeks on a beach by the Red Sea doing precisely stuff all.

 

I will be around to help where I can. There is no way I would abandon those who have been of such great help to me. I have been very critical of people who get the win and then disappear (I won't name names but there have been a couple of big winners very noticeable by their absence).

 

Far be it from me to tell anyone how to spend their own money but personally, I am now free of debt and have almost £1000 a month in additional disposable income. That in itself makes everything worthwhile.

 

I cannot thank CAG and its members enough for the guidance I have had. Without this site I would never have even started my claim, let alone got it to conclusion. I now have the confidence to carry on and when I get back from my holiday I will be starting on Capital One, MBNA and Barclaycard and I'll be taking a long hard look at Welcome Finance.

 

So, if you don't see me around for a while, don't worry. The Cobbett Slayer is not dead. He's just sleeping!

Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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Soo any chance of the claim details for the litigation concluded section now then Paul.

 

 

Many congratulations by the way.:D

 

Empty your PM box and you can have them:)

Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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Well don and enjoy your holiday - You deserve it John

If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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CONGRATULATIONS PAUL

WELL DESERVED!!

ENJOY THE DOSH

:D :D :D

Thanks for the advice last night, it was taken on board and I know you're right, I will be taking a step back from commitments.

:)

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Thanks for the advice last night, it was taken on board and I know you're right, I will be taking a step back from commitments. :)

 

No problem Deller. Sometimes it takes the opinion of someone who isn't involved to make you see what you actually already know;)

Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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NATWEST DETERMINED TO HAVE THE LAST WORD.

When I got the offer, I wrote back to Cobbetts accepting and requested that for the sake of expediency, they arranged for the money to be credited to my Natwest account rather than sending me a cheque.

I've had a letter back from Cobbetts telling me that "their client is unable to make payment by bank transfer" and a cheque has been requested.

I couldn't resist making a response.

"Dear Cobbetts

I am surprised that your client, a bank, is unable to make a payment by direct credit as they seem to be more than capable of operating the system in reverse"

Whoever said the art of sarcasm was dead:)

Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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CONGRATULATIONS! You deserve a medal as well as the money after all you've been through!!!

I only registered on this site tonight & found myself totally engrossed in your ordeal!! Amazing! I'm so glad for you. You're my hero!! Enjoy your incredibly well-earned holiday!! Relax & enjoy the victory (& the money!)

Just starting my battle with NatWest & will think of your determination if & when the going gets tough!! Best wishes to you.

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