Jump to content


  • Tweets

  • Posts

    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Sem vs Natwest


Sem
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6376 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

 

Ive just gone through my statements and natwest have charged me £1600 over the last 6 years

 

got my preliminary letter set up but i'm not sure on the address i need to send it to

 

I've been through this forum and I've seen loads of address but i'm still not 100% sure

 

can anyone help me with this

 

thanks

Link to post
Share on other sites

There's an address on the NW website for complaints. (goes and checks)

This is it, it's the right one - got my cheque from NW today :-)

 

NatWest Customer Relations

FREEPOST NAT12685

BOREHAMWOOD

WD6 1BR

Successfully claimed £620 from MBNA

Successfully claimed £350 from Natwest

Assisted other half to claim £820 from Barclays

Helped a friend claim back approx £250 from Halifax.

Link to post
Share on other sites

hi just got a reply to my prelim from Mr S Higley hand signed and all

 

apart from the usual it says

 

"Having reviewed your account, I can find no instance where charges have been applied when they were not properly due. They have all been associated with a lack of covering funds in the account at the time items were present for payment. accordingly, the charges have been applied to your account must stand."

 

this doesn't sound like the other stand responses I've seen on this forum

Link to post
Share on other sites

Identical to my letter too, if that helps :) I'm just carrying on as per step-by-step guide in teh FAQS section. I think most of the current letters have that paragraph about charges in them.

 

Good luck anyway :)

Joe

My original 2006 claim - Victorious!

13/06/2006 - Sent Data Protection Act Request (NatWest), recorded delivery.

19/06/2006 - Sent preliminary letter, requesting £3483

17/07/2006 - Sent LBA for revised figure of £3601 (after finally managing to open a parachute account with Lloyds TSB!)

07/08/2006 - Filed Moneyclaim for £4401

11/09/2006 - Defence received from Cobbetts

25/09/2006 - Sent AQ to court and CPR18 response to Cobbetts

30/09/2006 - AQ due at court

25/10/2006 - *WON* Cheque for full amount received from Cobbetts

 

"Things are made of littler things that jiggle"

- Richard Feynman

 

 

Link to post
Share on other sites

  • 2 weeks later...

Hi

 

I'm about to start my claim vs Natwest and I'm stuck on the "Particulars of Claim" section on the money claim site

 

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ {put the amount} and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}.

 

The total I'm claiming for is £1680

+ £476.90 interest

so the total is £2156.90

 

i know at the bottom in the Amount Claimed i only enter the total (£1680)

 

how do i fill in the sections marked red

 

thanks

Link to post
Share on other sites

Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of 1st charge) to (Date of filing claim) of £476.90 (=8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of £0.37p( = Amount claimed £1680 x 0.00022).

Link to post
Share on other sites

Sem, when you get to the boxes to put the amount in, I filled in my claim form like this:

 

Amount claimed ................. this total is the charges PLUS the 8% interest (I didn't claim for any interest the bank had charged on the fees and charges - it was too difficult)

Court fees .............. this is the £50

Solicitors costs ............ nil

 

Total amount: add together the amount claimed and the court fees (although the form does this automatically for you, I think).

 

Remember, the figure you put in here is ALL you are going to get, so you have to make sure everything is in first time!

Link to post
Share on other sites

  • 1 month later...

i tried to get a judgement but cobbetts filed the defence 2 days after the deadline

 

anyway today i received a copy of cobbetts defence and i'm not sure if i messed up

 

firstly i used the N1 form and the template for that on this forum

 

i filled everything out right and i attached a list of charges with the form

 

but in cobbetts defence they are asking for the claim to be stuck out saying my particulars do not disclose any reasonable grounds for bringing a claim against them and various other things indication i dont have a leg to stand on :mad:

 

it also says i haven't give a schedule of charges when i did staple it together with the N1 form

 

have i done something wrong or is this just more scare/delaying tactics

 

i used the template here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-particulars-claim-hard-copy.html

 

thanks

Link to post
Share on other sites

  • 3 weeks later...

received cobbetts copy of the AQ today

 

guessing there's nothing left for me to do

 

anyone know what i should expect now

 

how long (on average) will i need to wait

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...