Chris v Natwest***WON***

[peep]

Hi All,

 

I have been reading this thread with interest in attempt to predict Cobbetts next move and head them off to stop them time waisting.

I have not been able to find any detail as to the content of the Questioner the courts send out. Could somebody please post some details so I can clearly understand what i should expect next.

I submitted my MCOL and then sent the below letter to Cobbetts recorded delivery before they have had any time to defend. Hopefully it will do the trick and stop them delaying any outcome but as yet i have heard nothing. I also included a schedule of all charges and interest.

 

Cobbetts LLP

Ship Canal House

King Street

Manchester

M2 4WB

 

19th September 2006

 

To whom it may concern,

 

I have attached the below for your information and to assist your understanding as to my claim against your client. I have received the update from the court that you have acknowledged my claim and will be defending on behalf of Natwest; therefore I look forward to receiving a cheque from you soon.

 

A copy of this letter and attached documents will be supplied to the court also.

 

Claim Number

 

IN THE NORTHAMPTON COUNTY COURT

 

BETWEEN

 

NAME- CLAIMANT

ADDRESS

 

And

 

NATIONAL WESTMINSTER BANK DEFENDANT

135 BISHOPSGATE

LONDON

EC2M 3UR

 

PARTICULARS OF CLAIM

 

1. The Claimant has two accounts (SORT CODE) ACC NUM and (SORT CODE) ACC NUM with the Defendant, which were opened around 3 years ago.

 

2. During the period in which the Accounts have been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Accounts are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are

not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges

with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is

unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts

Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) The return of the amounts debited in respect of charges in the sum of £CHARGES

and interest charged thereon of £INTEREST.

 

b) Court costs of £250 thus far.

 

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of

charges or at such rate and for such periods as the court deems just.

 

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from DATE and DATE of £INTEREST and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 80 pence.

 

6. In relation to each and every breach by the Claimant which resulted in a charge being levied as confirmed by the Defendant in its Defence please provide full details (with all relevant supporting documentation) of:

 

a) Any letters, telephone calls, or incidents of manual intervention into the account in respect of each and every charge claimed by the Claimant in the Particulars of Claim;

 

b) How charges are applied to the account (whether automatically or by some other means) and when;

 

c) The Defendant’s assessment of the cost to it of sending any letter making any telephone call or otherwise administering the account, with details of how the cost to the Defendant is calculated and what items of expense are included, or such other costs as are foreseeable in the context of contractual damages and the remoteness thereof and which can be specifically identified and defined and which can be reasonably attributed to each and every breach on the part of the Claimant;

 

d) The justifiably objective principles upon which all such costs are calculated and result in the specific level of each charge levied by the bank in respect of each of the breaches which resulted in the charges now claimed by the Claimant.

 

 

7. Where the Defendant avers that the charges are applied in return for the provision of a banking service to the Claimant:

 

a) Please identify each and every such service referred to in the defendant’s terms and conditions and identify the charges, by reference to those terms and conditions, that the Claimant is required to pay for each service identified.

 

b) Please confirm what steps are taken by the defendant in providing the alleged services referred to in the defence. Please provide copies of all notes, memoranda, or other information retained by the defendant to demonstrate the provision of the alleged services to the Claimant.

 

c) Please confirm whether charges are applied automatically.

 

Please note however, I consider that upon allocation this case will be referred to the Small Claims Track, accordingly I would consider any CPR Part 18 request to be intimidatory as Part 18 would not apply. Having been in touch with other Nat West claimants I am aware of your recently devised tactics and attempts to cause claimants in person to give up. I shall not be responding to your requests designed to intimidate. I shall of course respond to the order of the Court leaving the matters to be settled by the court.

 

I believe that the contents of these particulars of claim are true.

 

Yours faithfully

 

 

 

Signed:

[chriswatkins]

Hi Peep, if you go to bank templates you will find allocation questionaire notes on filling it in, hope this helps

[RagingBull]

Hi Chris,

How goes it?

Your case is very similar to mine... Natwest waited to the last day to fill in their AQ's, have you seen a copy of theirs? I received a copy on Monday that Corbetts had filled it, and on Tuesday another letter from Corbetts saying they'll offer me a goodwill payment of £1300.00 but im gonna hold out for the ful £2600 they owe me.

Yours will be just round the corner!

Ragingbull

[chriswatkins]

I have heard nothing from cobbetts I got the A/Q from the court which I promptly filled in and took back, but nothing since then,

[laffar]

Don't worry about it Chris ... this bit is the most frustrating part, where its not you in control of the time frame ... the finishing post is in sight, just be patient!

[chriswatkins]

I put my A/Q in on the 14th, I rang the court, today and they told me they are still waiting for cobbetts to send their A/Q back, they dally to the end

[RagingBull]

Any news yet Chris?

Im still waiting for a response to my first offered Rejected letter / email I sent to Cobbetts. Hope all is going ok for you

 

Ta

RB

[chriswatkins]

Hi RB, cobbetts have until the 29th to put in their A/Q and I dont expect they will do it until the last minute, it seems thats the way they work

[chriswatkins]

still here, still waiting

[kerriegeorge]

me too!!! nail biting stuff x

[Plutos]

Same here... waiting

 

me too!!! nail biting stuff x

[chriswatkins]

I have just phoned the court to find out if cobbetts had sent their A/Q back yet, they had until today to get it in, and guess what , they havent sent it in yet, so they were 8 days late putting in their defence and got away with it, now they are going to be late with their A/Q and I bet it will be allowed , it is not fair, we wouldnt be allowed to do this

[Clarky]

Hi Chris,

 

Really gutted for you. When I saw ur name come up i thought u were gonna be telling us youd won! Really sorry its being dragged out like this for you.

 

Keep this in mind though, the end is near, youll get ur money and all that extra interest as well.

 

Good Luck Chris

 

Clark xx:p

[chriswatkins]

thanks for that message of support, all this sometimes leaves me feeling a bit down and any encouragement helps

[Clarky]

Know what you mean, a little disheartening but you know what helps??? Go into the **WON** section and read around a bit youll feel miles better. I way behind u, Natwest have til 3/10 to submit a defence so i have all the naff stuff to come yet!

 

Ill keep watching Chris, chin up

 

Clark xx:p

[Plutos]

Don't worry about it Chris, just one of those things. You have right on your side, and ultimatly they know that. Just be determined not to give in....

 

PLUTOS

 

 

thanks for that message of support, all this sometimes leaves me feeling a bit down and any encouragement helps

[007coot]

Why on earth are the courts allowing them to play games? it is blatently obvious that they leave everything until the last minute and that they are totally abusing the court system to hold out aslong as they can. the courts can tell that they pay up eventually so why on earth are they being allowed to waste the courts time aswell as ours? I'm baffled honestly, seeing as the courts are inundated with these claims I would have thought they wanted to get them cleared up asap and this would be done by not allowing the banks to take the p**s.

[chriswatkins]

I agree lisa, anyway, I am a bit short of cash at the moment, so thought I would ask natwest to increase my overdraft a bit, so went to see them today,thought they would tell me where to go, but surprise :o , they gave me it, probably because they know that they can take it all back as soon as I win my money back

[Angelpie]

I agree lisa, anyway, I am a bit short of cash at the moment, so thought I would ask NatWest to increase my overdraft a bit, so went to see them today,thought they would tell me where to go, but surprise :o , they gave me it, probably because they know that they can take it all back as soon as I win my money back

 

they will make even more money now so they are happy. They are unbelievable!

[chriswatkins]

received a copy of cobbetts A/Q today, so I suppose I just wait for a court date now

[0433debbie]

Hi Chris

 

I am watching your case very closely. I am just behind you I am waiting for Cobblers to return their AQ. I wish you so much luck.

 

Debbie

[chriswatkins]

thanks Debbie, I wish you luck too and every one else trying to get back what is rightfully theirs

[chriswatkins]

have received an offer from cobbetts for £1,100 which I will not accept, they say natwest considers that I would fail in court bla bla bla, on we go

[Clarky]

Hi Chris,

 

Ur one step closer now though....what was ur full amount??

 

Clark xx:p

[chriswatkins]

£1,404.05 plus 8%