Lyn-Marie V Nat West

[lyn-marie]

Hi to all

 

What a great site and thankyou very much. Must say this is more fun than it probably should be. Have followed your advice to date; £2,367 requested back. Have just received offer of £342 as GOGW and total decline to accept that the full amount will be returned (ever). So court it is then!

 

Will be looking for a buddy. Good luck to me and everyone else.

[lyn-marie]

MCOL done; here I go...

[Madoron]

Good luck to you! I posted my MCOL on the 21st, aso we are roughly in the same position. I do agree though, its been quite fun recieveing the same stuff back that everyone else has. Made this whole endevour very rewarding!

[lyn-marie]

Am having problem with the 'buddy' system = keep emailing 'me' : any advice anyone.

By the bye - just received £4000 from mis sold endowment yeeeeeeeeeeeeeeeee

[lyn-marie]

And thanks Madoron for your reply. Will be good to follow our sequence of events, they do seem to be predictable; let's pray we dont break the rule x keep us posted...

[Madoron]

I recieved the paperwork from the court yesterday (26th July) saying the claim will be deemed served by the 29th. They have until the 12th of Aug to reply!

[lyn-marie]

Me too - we are on par. Adds to the fun to see how they work this for us caus it all seems very much like a game now... They either take someone as an example if they ever get thier act together or pay up. I'm sure NW will be working reeeeeaaaaaaly hard on this issue (in-line with all the 'big banks') and there will be a point of turn-arround I imagine sooner rather than later. Just who is going to 'cop it' is the problem - for little me anyway. Still good for the soul to send them 'snotty letters' for a change (thankyou but no thankyou hee hee). Good luck to both of us

[lyn-marie]

Still no joy with buddy system... please help mods. Will try new thread later if no result caus I am in need of prep work now begun court track.

[Madoron]

I dont really think they can have a turn-around point, thankfully. The law is quite clear, and until they can prove their side of the case, there doesnt seem to be any way for them to win. Also with all banks reducing their charges, we at least will be able to proceed with the courts as we have quite a strong case even if we do have to attend court.

That being said, I recieved the notice of Aknowledgement of service today, saying they will defend all of the claim... 28 days it is... so that makes it 26th of August...

[lyn-marie]

Ooow hotting up. I havent received anything yet. Am curious to the difference in reaction, all doesnt really make sense, nothing really standard except bland letters. APART FROM RESULT that is.

[lyn-marie]

NW have acknowledged receipt so 28 days for too

[lyn-marie]

No news sadly to date. Getting close tho aye... this Saturday is fireworks I think x

[lyn-marie]

Received Cobbetts defence today along with request for further information... Thanks to this fantastic site am ready for this... onwards and upwards aye.

[Madoron]

Well you are lucky! They just ignored me! Hah. Well I requested judgement today (29/08/83), lets see how that goes... another £15 went on top as well for the period that they have not responded! Lovely!

[Madoron]

Well there is a shock! Recieved paperwork today from Cobbetts upon returning home from work... Time to send yet another letter it seems!

[katesage]

Ah HAAAAAA The sneaky last minute defence! Bad luck but they are becoming rather practised at this! I was acknowledged on the 11th and I've heard nothing.......yet!

 

loads of luck

[Madoron]

Ok now the decision on what to reply to this defense with... its pretty lengthy, and means utterly nothing in whole apart from We are going to defend your claim.

They have requested the CPR part 18, unsurprisingly, and the response can be either lengthy, or short and succinct as far as I have seen. Any preference from you guys what you think we should send?

 

A)"

Dear Sir or Madam,

 

 

I acknowledge the receipt of the defence posted by Cobbetts on behalf of Royal Bank of Scotland (RBS) dated the 25th of August 2006, received on 29th of August 2006.

 

In Cobbetts defence response, they requested further information under CPR Part 18. The guidance that I have received indicates that CPR Part 18 does not apply to the small claims track and is therefore irrelevant in this case. I am sure that Cobbetts are already aware of this and I can therefore only conclude that the inquiry was intended to intimidate. However I am aware that Part 27.2(f) applies subject to paragraph 3 of part 27.2 which states that the Court of its own initiative may order a party to provide further information if it considers that is appropriate to do so. In acknowledgment of this and in good faith as well as respect for the court I will provide the following information.

 

Enclosed is a full list of the breakdown of charges with my account details, which I have already submitted to the bank in regards to this case on two occasions.

However as stated in my original claim and letters the charges laid out in the original contract are unlawful penalty charges and cannot be legally enforced. i.e. charges in relation to unauthorised Overdraft, Referral, Chq/DD/SO Unpaid and Default Notice etc are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are 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 then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

 

I hope this clarifies the situation for you.

 

Yours sincerely,"

or

B)

"I am writing in response to your letter dated 1st August 2006.

 

I note from your recent correspondence that you have requested further information from me under Part 18 of the CPR.

 

I must advise you that CPR P.18 has no relevance to Small Claims procedures and, as such, I consider that the inquiry to be intimidating and I intend to bring this matter to the notice of the court, should my case proceed that far.

 

As a gesture of goodwill and in the interests of concluding my claim, I have enclosed a breakdown of the charges imposed, their value and the interest being claimed on each charge."

 

Let me know!

[Madoron]

Decided towards the 2nd, sending that tomorrow morning!

[cumbria123]

Go for the short response, I would guess it doesn`t matter,you`ll get a cheque within the next 30 days or so.

[lyn-marie]

What a great reply cumbria Thankyou it warmed my tummy to read it Sorry Madoron not been online for few days - poorly computor! I love both replies; I aimed for the 2nd but ended up with the 1st. Stopped myself with great will not to go further... The basics are in there for both of us, thanks to this fantastic site. The part 18 not relevant, find it intimidating and will advise the court of same, however, will supply AGAIN (possibly due to your lack of communication with your client) breakdown and basic details like name/ acc no' as requested. HONESTLY. Don't think they are trying to intimidate us into quitting more boring us into submission. Good luck to us all x

[lyn-marie]

Completing AQ today and sending with £100 with NW cheque oh cruel irony think this goes beyond small pleasures in life for a sad one... this has been a long time coming - I just never imagined this would be around the corner. I can never thank the BAG founders enough for setting up this site - really.

[Madoron]

Hah! I have finished the questionair, but going to take it in person to the court on monday, as its only literaly up the road from me! I get a reciept as well this way!

 

Wish you the best of luck! Lets hope they offer us a settlement ASAP!

[Madoron]

I recieved a letter back from Cobbets! Hah, its about the letter I sent them... basically they are disputing the fact that the request is intimidating by saying that it was within their right to ask as the cliet could not defend the claim properly without full details of the accounts, account numbers, and the amounts being held in question! This is dispite the fact that I have told them that I sent the particulars of the claim to the bank on two seperate occasions. Idiots I tell you!

 

Now do I bother responding? If so, do you more legally minded folks want the exact wording?

 

Thanks in advance!

[Madoron]

Another update!

 

The Cobbett's AQ copy has been sent to me, and goodness it does sound bad, and at the same time means utterly nothing! People and their legal wordings... I tell you!

 

Also today (20th) I recieved the first offer of £1,100 of the amount... which of course the letter of "part but not whole" will go out to them shortly. You would think they would be wise of this by now but clearly not.

 

Hope yours is going as well!

[Plutos]

Congratulations - not long to go I hope. Will be interesting to see if I've got anything waiting in the post....

 

PL