£10,000 v Nat West

[Guest NATTIE]

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[Bookworm]

2 threads merged. Please keep to one thread per claim, it makes things a lot easier to follow.

[Its WAR]

This account was opened about 2002. We cant remember the name of the account. N Welch music account (or something like that). Anyway the summons is issued. But it doesnt confound the bank by highlighting any tactic design to make us give up.

[Its WAR]

Oh, now an interesting development from Cobbettson one of my big claims. This claim for £4900. They sent me a cheque last week for £1800 which I accepted as part payment. They have now applied to the Court for part of the claim to be struck out and a summary judgment be obtained against the remainder of the claim. They say, beacuse the claim does not disclose any legally recognsable claim and has no real

[Its WAR]

prospect of succeeding and no compelling reason why the case should be disposed of at trial.

 

So I expect a hearing before the summons date? Oh, they also sent in a further detailed defence and witness statement and a list of their calculations of interest which supported their reasns for paying only £1800.

 

I guess I should respond either to the Court of to Cobbetts, has anyone else got this far yet?

[Its WAR]

Cobbetts application to have part of the claim struck out was sent to the wrong court, so it has been returned to them. They will no doubt send it to the right court soon. Thing is, it seems to delay things. Nat West claims do seem to drag out. Nearly all the other banks have settled my claims now. Anyway, I am still unsure how I will reply to the application to strike out. Any ideas anyone?

[gizmo111]

Cobbetts application to have part of the claim struck out was sent to the wrong court, so it has been returned to them. They will no doubt send it to the right court soon. Thing is, it seems to delay things. Nat West claims do seem to drag out. Nearly all the other banks have settled my claims now. Anyway, I am still unsure how I will reply to the application to strike out. Any ideas anyone?

 

I haven't ideas on this but this should bump it for a mod. What additional items have they got in their defence and who is their witness?

[Its WAR]

Crumbs, stuff is happening now! Ok, I have had a number of claims defended and the Taunton District Judge has transferred the summonses to Bristol to be heard by a High Court Judge. He has now issued directions and has set a date for a Case Management Conference on 13th October (time allowed 2 hours). This invites the defendants (Nat West, Black Horse, HFC) plus me, to enable the Court to consider: 1) Whether the case be transferred from Bristol County Court to Bristol High Court. 2) Whether the summonses are managed together and tried together or sequentially, one immediatly after the other. 3) a timetable for disclosure and witness statements. 4) Whether directions for any expert evidence is necessary. 5) The venue for trial. 6) Trial window.

 

"Each party must provide to the Court a Case Management Information Sheet in the form set out in the Appendix to the Mercantile Courts Guide by 4pm 6 October and copies to the other parties. The Claimant (or other party who has applied for the date) must provide the Court and other parties with its Case Management Sheet and a draft order setting out the directions which the party considers appropriate. Where any other party intends to apply for a direction of which it is helpful to give specific notice beyond that to be provided on the Case Management Information Sheet, that party shall give written notice to the court and to the other parties with its Information Sheet. Representatives attending the Conference must be properly familiar with the case and be able to deal with all matters which may arise. If Counsel has been instructed in the case but will not be attending the Conference, the solicitor should discuss the case with him for the purpose of the conference. In straightforward cases , the parties may submit agreed directions not less than 7 days in advance of the Conference for the approval of the Judge. The Judge may then make the directions proposed, or he may make them with variations, or he may require the Case Management Conference to proceed. The parties must assume the the Conference will proceed until informed by the Court that it is not required. If the time appears to be insufficient, the Court should be informed immediatly.

 

So, there it is. I would expect the banks to choose not to go this far, but it will be interesting if any of them do.

 

Also, at the conference the Judge has included someone elses claim against NatWest, so its not just me against them but me and another, against three of them in one meeting.

 

So its the Court that is now calling the shots and we now have to jump through their hoops. Any advise please...........this is new territory.........not the usual S.A.R - (Subject Access Request), interest type concern. MODs please advise.

[Its WAR]

I really need tactical advise. But I think its the Court using scare tactics on both me and the banks. I bet the banks fold first because I am resolute. But I do need more understanding. Please help.

[gizmo111]

I really need tactical advise. But I think its the Court using scare tactics on both me and the banks. I bet the banks fold first because I am resolute. But I do need more understanding. Please help.

 

So is that 3 different cases of yours at the same hearing? Who do we have in Bristol to help - I am here and don't mind offering moral support but the legal stuff is now way above me - this will test how far the banks are prepared to go. I have 3 claims in Bristol so I wonder if this will happen to them?

[Its WAR]

Yes three of my claims with three different banks plus one claim from another person with Natwest. (one of my three have now settled, so its two to go).

[seanf]

I have a case management conference listed for the 26th of Sept with regard to my claim. Interestingly soon after the court order for the conference came through the post box an offer came through for about 60% of my total claim (which of course I have knocked back).

 

I could do with some advise or direction too - let me know if you get any advice, or if there are any developments haydn and I will you.

 

Good luck.

[Its WAR]

Great. Where is your conference? Have you been asked the same questions from the Court? How many claims are concerned? What banks? Have you received any docs from the defendants? How have you replied?

[Its WAR]

Natwest paid up again. This time for the charges to the account they could not find. So I issued the summons on 5th September for £200 (a total guess) plus contractual interest plus damages for failing to supply my SAR. Cheque arrived 15th September £438. So now only the two big claims left. Nat West tactics appear to be settling the cheap easy claims but fighting every inch on the dearer ones.

[seanf]

I have not had any instruction from the court other than the order which was very brief:

 

General Form of Judgment or Order

 

Before DISTRICT JUDGE WESTON stting at Kingston-Upon-Hull County Court (address)

 

Upon the courts own motion. The court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it

 

IT IS ORDERED THAT

 

The matter is listed for a thirty minute case managment conference on 26th September 2006 at 12pm, Ground floor, Hull CC (address)

 

Dated 24th August 2006

 

 

This relates to my only claim - against NatWest - for £1008 plus interest plus costs. I have not recieved anything from Cobbetts relating the case management conference but soon after I got the order they offered me £700. I have sent the usual *^%$ off response letter but not copied the courts. So I have not replied to either Cobbetts or the court. Hope I didnt need to?!

 

I have PM'd a mod and am hoping for a bit of guidance re representing myself in court etc but I am still hopeful for a settlement chq before the 26th. In saying that I am more than happy to follow through with the conference in the hope of setting a ruling / precedent.

 

Would you mind sending me a PM with copies of the docs you have recieved?

[seanf]

is that in relation to the claim with the case management conf ?

[Its WAR]

Hi Sean,

I received a 40% offer today of £2200 for one of my NatWest claims (the one that hasnt been listed for the Case Management Conference) I told them No Deal. So I expect the claim will be referred to the Conference too. However, I really expect the claims to be settled before the Conference. The Conference would seriously increase the banks exposure to costs and at no cost to me, infact we gain fantastic experience which will be shared to 100s of other claimants.

 

I suggest if you want to prepare for the conference you prepare answers to the questions that I have been asked for and send these to Cobbetts. Within the two week deadline, this will focus their mind and they will have to incurr more time with your claim. They may have a budget for each claim upon which, once reached they settle. Or they may want to (invest) waste more time money and answer with their replies hoping you will back off. Of course, by sharing docs you underline the stand you are taking, they will recognise you will go all the way and so they will choose to settle in full by then.

[Its WAR]

I am now preparing the reports I have to provide for the Judge who will decide whether to transfer the case the the Mercantile Court, the papers have to be sent off within two weeks. The hearing is 11th Oct. Has anyone got this far yet? There are hundreds af threads but they are all early stages and dont deal with this high end stuff.

[mwatts]

Have been reading your thread with much interest. Good luck, is there no-one out there to help Haydn. Please!

[Its WAR]

The forms that the court has asked to be completed are horrid. The info should follow the Case Management Information Sheet Appendix A format (which I havent seen yet) Also the Case Management Directions Form Appendix B. I dont understand the questions let alone know how to answer them. Just to think SAR and LBA were new to me once, but they seem like 2+2 compare with the algebra I am on now, its so exciting and better than home study (actually it is home study with a brilliant subject. So, claiming back the unfair charges can be both simple and difficult............but thats what the bank is counting on, and of course, I have hours to spend in learning with purpose, Cobbetts dont have that kind of time or enthusism. Could really do with some advise though.....but I bet it all ends with Cobbetts paying up and that thwarts the process. We want a hearing and I bet the Courts do too.

[gettin'evil]

bump

[seanf]

my case management conf is on Wed and i've haven't recieved any questions or forms ... nothing.

 

should be interesting.

 

would you mind sending me copies of the forms you talk about haydn? the more I am armed with the better I reckon !!

 

[email protected]

[Its WAR]

Sorry Sean,

I have only just seen your message. The forms were on the HMCS website. My judge just asked that I provide information in the format of the forms. The forms asked questions I couldnt understand let alone answer. I have asked the court to send me instructions and am still waiting.The judge expects some level of understanding regarding the process though and that puts us at a disadvantage. I think the conference is just so the judge can decide whether the county court or the mercantile court should hear the case and whether a few claims should be dealt with together. I expect he will tell all parties exactly what info he wants if he were to hear the case. If I were you I would ask the judge to order full disclosure of the banks costing method even it it harms their defence. I would also ask that a hearing date given sooner rather than later and ensure the judge is awre that the banks are yet to attend a hearing and that is tantamount to an abuse of the system, they are simply playing the game with no intention of wanting a hearing or judgement. But really I dont know. I havent found anyone on CAG that has been to a Case Management Conference so maybe youre the first, I might be the second. Mine is in two weeks and three of my claims are being dealt with then.

Please compare notes. And Mods, anychance of getting these Conferences onto a new thread. Reading everyones threads about SAR, LBAs etc is very good but we are well past that stage and there is very little awareness.

[Its WAR]

Where is the Mercantile Court Forum?

[seanf]

been to the court today haydn.

 

as it turns out the case management conference was just to decide on the track. my claim will be allocated to the small claims track. cobbetts attended court and are still using the CPR part 18 issue to try to get the claim struck out. I have to reply to their CPR request (which I already have) before the 10/10. I gave the courts a copy of my original reply to their CPR request (they didnt have a copy which must have been an oversight on my part).

 

the claim is still moving forward and the courts have advised me that the hearing will take place in around 4-6 weeks. i think cobbetts have succeeded in stalling the claim and confusing matters re the CPR but now its going to be allocated to the small claims track I understand it doesnt apply, although I dont know why it doesnt ... I will do some research !

 

i still reckon i will get a chq in the next 4-6 weeks and that the hearing wont even happen. we are just playing games !!

 

i do take great satisfaction in the legal costs nat west must be incurring. makes it well worth while to me.

 

keep me informed of how you get on haydn, good luck.

 

Sean