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Natwest taking me to court ***All 3 Claims Discontinued***


texanbar
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Dear Rob and Caro,

 

Many thanks for your opinions and as always it is so informative to have a heads up especially when costs are involved.

 

I have just realised that I didn't scan in their list of documents ... in a nutshell, this is what they say:

 

Schedule 1: (they do not object)

-Statements of case, applications, WS orders and questionnaires common to the parties

-Party and party correspondence

-T& C's applicable to the a/c (as at August 2004)

-T&C's application to the same a/c (various from 2004 to date)

- Copy Formal demand letter

- Copy statements

 

Schedule 2: (they DO object)

-Confidential communications and other docs and communications passing between Claimant and its legal advisors for the purposes of seeking and receiving professional advice; confidential attendance and other notes and reports; branch and inter-dept memo, drafts and other documents coming into existence preparatory or subsequent to or in connection with the giving or receiving of professinal legal advice

- Letters, faxes and other comms and notes of comms between the parties or their sols marked 'without prejudice' or otherwise sent or made in an edeavour to compromise these proceedings.

 

Schedule 3: (no longer in their control)

-Originals of any letters/notices described as copies

-Account opening documents from August 2004 which were last in the control of the Claimant on an unknown date when they will have been destroyed in the usual course of business

 

You are absolutely right that they have reduced the sum quite substantially in an effort to draw these proceedings to a close and as mentioned due to MIL still in hospital their deadline has now passed. However, we want to put together a letter to IM which would either be:

a) offering them one third of their £1500 to stop these proceedings along with a condition they mark the debt as satisfied for myself and Mr Tex or do we

b) invite them to Discontinue

 

Rob - it's funny you should mention that IM give the impression they have been advised by their client - I wouldn't put it past them to just churn these letters out without the knowledge of NW. I strongly feel that IM have screwed up so many times through this case and mine previously that they are trying to salvage something before (perhaps) throwing in the towel (but then again - it could be wishful thinking on my behalf :) )

 

Tex

x:)x

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Oh and I don't have glass eyes either :madgrin:

 

Thanks Caro... our thoughts exactly

 

Well we're not in any rush to send anything to them just yet - probably by the end of next week we'll send them something.

 

Tex

x:)x

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Oh and I wonder if anyone can answer this question please.

 

Would the Claimant (IM) be allowed to continue with this case even though they have acknowledged the amount on the POC is no longer the correct amount but a considerably lesser amount, without informing the court.

 

Many thanks,

Tex

x:)x

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Hi peeps,

 

Another update, we received from the courts today:

 

Standard order for failure to file listing questionnaires.

 

The Claimant and Defendant have failed to file completed listing questionnaires by the date required.

IT IS ORDERED:

1. Unless the Claimant files a Listing Questionnaire by 4pm on 22 June 2012, the claim may be struck out.

2. Unless the Claimant pays the Listing/Hearing fees by 4pm on 22 June 2012, the claim may be struck out.

3. Unless the Defendant files a Listing Questionnaire by 4pm on 22 June 2012, the defence may be struck out.

 

Oops! Since IM messed up the timetable of activities this completely slipped our mind. This is definitely the time to send IM a letter inviting them to Discontinue!

 

I wonder how much the fee is for the Listing/Hearing IM have to pay?

 

Tex

x:)x

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GOOD NEWS****************GOOD NEWS***********************GOOD NEWS*********************

 

We have received in the post today a

 

NOTICE OF DISCONTINUANCE for the entire claim.

 

Costs will be winging their way - can someone on the site team amend the title to read something along the lines of Double Discontinuance following attempted joint and several claim ... or whatever is appropriate.

 

We got there Caggers....

 

Have a smashing weekend! we will be

 

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Mr and Mrs Tex

x:)x

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10/10

 

well done everyone

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Excellent Tex delighted for you.

 

 

:whoo:

 

Regards

 

Andy

 

Now what can I change the thread title to?:roll:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Just for the statistics Tex

 

Replies: 662

Views: 52,715

 

130 posts andyorch :!:

 

What a claim:-)

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Cor blimey Andy ...

 

There will be another donation to CAG, absolutely guaranteed!

I'm glad we got the excellent result in the end and more importantly to each and every one of the 52,715 individuals who have viewed this thread, the confidence to believe in standing up and fighting the big boys :)

 

I have made some great friends on this thread, including yourself, Gezwee, CitizenB, Womble (in the early days), Goldlady, Silverfox, Robcag, Caro, Determinator, Brig, PaulWlton, Ghostdebt, nevos, yourbank and the countless others of support. Thank you to everyone :)

 

I love making Oscar speeches...:razz:

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Must go down in history of CAG as the Claim/s from hell.

 

Enjoy your Chablis tonight:wink:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Must go down in history of CAG as the Claim/s from hell.

 

 

Hi Andy

 

I wonder if I'm the only one to notice that your mention of the words 'Claims from hell ' happens to be on post #666 of the thread? :evil:

 

Cheers

Rob

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hi andy

 

i wonder if i'm the only one to notice that your mention of the words 'claims from hell ' happens to be on post #666 of the thread? :evil:

 

Cheers

rob

 

 

:!: Gulp !!!!

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Great stuff and an epic thread! :-)

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

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Hi Andy

 

I wonder if I'm the only one to notice that your mention of the words 'Claims from hell ' happens to be on post #666 of the thread? :evil:

 

Cheers

Rob

 

 

Now that is spooky! :jaw:

 

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WOOOOHOOOOOOO!!!!!!

 

Nice one Tex. Thrilled for you!! :cheer2::cheer2::cheer2:

Edited by caro
The Consumer Action Group is a free help site.

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

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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Hello Tex,

 

As someone who has been watching from the sidelines (having had my own reasons to see how NatWest might behave), can I just say how pleased I am for you and Mr Tex, and a very big "well done" to you both for sticking it out to the end.

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Hi Tex it has been a long hard struggle congratulations!!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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