Have I opened a can of worms?????

[rbrears]

Post removed temporarily. Theres a good chance that the bnak will trace it to my proceedings - yes i'm being paranoid! Will repost it here once my claim is finished.

[Omega 3]

Thats fantastic, thanks. I'm not at that stage yet but when I am that advice is fantastic!

[mountainofdebt]

Thanks for the reply....gosh you are good....for the first time I've actually smiled!

 

Trouble is points 1 - 4 form part of the CPR 18....so if I give them answers to points 1 -2 do I have to answer points 3 - 4??

 

(I've already posted above a draft letter to this effect)

 

I think I have initially dug the hole as I didn't include details of the account on the claim form nor did I give them a list of how the amount was arrived at.

 

So once they have this info do you think (and hence they can check for themselves) do you think they will they offer to settle?

[rbrears]

Just put all the answers in a reply to their request then.

 

And serve your own if you wish. I can't say if it will persuade them to settle - only served my own versions of the above today so they have not reacted to it yet. What it does do, I hope, is show that you a) understand the issues, b) are not phased by their stock defence and part 18 request, c) aren't taking any sh*t, and d) are prepared to engage with them to properly litigate the issues involved and are not just joe public trying it on.

 

What it will do is make it clear that if they remain engaged in the litigation with you they will have to do a lot of work. Answering that Part 18 request properly and fully would take hours and vastly increase the bank's legal fees for dealing with your case. That is not the intention of it - it is meant to engage on the issues - but for us it is a welcome by product.

 

Be aware that it might even make them a bit stroppy and you may be ear-marked to be taken all the way to court. For myself Im not bothered about that and would welcome the chance to attend a hearing.

 

As I said its your call and I can't and shouldn't tell you how you want to play it. I will always be around as a sounding board but ultimately everyone has to make their own decisions.

 

Nice to know I can bring a smile to the faces of my fellow litigants

[Movingon]

Mate that is awesome. PLEASE tell us how they received YOUR Pt 18 request, and how they reply...

[rbrears]

Will do

[mountainofdebt]

well for now,lol!

 

How do you actually submit a CPR 18?

 

I've had a look on the various web sites (courts on line, dept for constitutional affairs) but although I can see the CPR 18 being referred to I can't see how you issue one!

 

Do you simply write this is a request for further information under CPR 18 in the same letter that I enclose my reply to their CPR 18?

[rbrears]

Yes the only requirement is that it is in writing and expressed to be a Part 18 request - just put it in a letter. Best to answer theirs and serve yours as a separate document - only so that if they end up before the judge later it is easier for him/her to keep documents separated.

[Movingon]

Yes, I think that was Rbears idea; I would write them a letter enclosing your response to their request as a separate sheet, and in the letter you write your own pt18 request.

 

LOL! RBrears and I posted at the same time...

[mountainofdebt]

Cheers folks.....

 

btw I noticed today that on the court allocation papers that I have to return them to the new court by 3/6/06 (and this has been cofirmed by a nice lady at the court) ......so the plan is to send off the response/my own CPR 18 request and give them time to stew before taking the forms to the court .....fortunately (???) the court is only up the road from my office so I can personally take them there in my lunch hour.

 

 

Thinking about it, I think I would have wanted to have details about the account before I coughed up £2130.......if they had paid up without these details I think I might have chanced my luck with the other banks as well!!!

[mountainofdebt]

Well guys I've sent off the reply and my own CPR 18 request, giving them until 5th June .....trouble is I have to return the forms to the court by the 3rd!!!

 

So I guess for the next week or so its a case of sit and see what - if anything - the postman brings.

 

Trouble is I've already mentally spent the money (and the sweetest part is that I would use it to pay off my RBS credit card, lol!)

[mountainofdebt]

GOOD NEWS!

 

After the horrible thought that I'd really mucked things up, hubby came home to a letter from Cobettts offering a £1200 goodwill payment (original claim was for £2130, plus £340 plus court costs)

 

Its a conditional offer (usual things like other offers made) and must be accepted by next week. As we're going away this weekend I have to make a decision in the next 24/48 hours.

 

They reckon that my challenge to their charges in court would fail, their charges fair etc.

 

They've also added the court would see this offer as fair.....so guys do I call their bluff or do I take the money and run???

[dinghy]

GOOD NEWS!

 

After the horrible thought that I'd really mucked things up, hubby came home to a letter from Cobettts offering a £1200 goodwill payment (original claim was for £2130, plus £340 plus court costs)

 

Its a conditional offer (usual things like other offers made) and must be accepted by next week. As we're going away this weekend I have to make a decision in the next 24/48 hours.

 

They reckon that my challenge to their charges in court would fail, their charges fair etc.

 

They've also added the court would see this offer as fair.....so guys do I call their bluff or do I take the money and run???

 

It's entirely your call but... IMHO it's their last roll of the dice...

 

You aren't calling anyones bluff... They are trying to call yours...

[Neo]

Well done, but IMO I would write back saying no thanks you are claiming for the full cost..

 

Hopefully I am due a letter as we were on the same schedule

[Movingon]

I would accept as part payment and make clear that you will pursue the rest. I firmly believe that the rest will be forthcoming shortly after.

[mountainofdebt]

over the course of action to follow.

 

Basically he wants to take the money and run ......partly becasue he thinks that we'd lose and partly becasue he's snowed under at work (works for him self) and really doesn't need the hassle of a potential court case.

 

I feel that it won't get to court but at the same time I don't want to argue with him ......oh gawd, show me a sign of what I should do??????

[rbrears]

Don't blink first

 

I had the same letter and refused the offer.

[Movingon]

Don't do what they want you to do; take it as part only and chase the rest.

[Neo]

over the course of action to follow.

 

Basically he wants to take the money and run ......partly becasue he thinks that we'd lose and partly becasue he's snowed under at work (works for him self) and really doesn't need the hassle of a potential court case.

 

I feel that it won't get to court but at the same time I don't want to argue with him ......oh gawd, show me a sign of what I should do??????

 

Wouldn't the difference come in handy? I would personally follow it through until the end...

[mountainofdebt]

as we've come this far, we might as well go the whole hog.

 

So have sent them a letter saying that unless an offer covering initial amount, interest and court costs is made, everything is still as before.

 

Hope they reply before next friday as that's another £100 I'll have to find!

[dinghy]

[af1]

I await the outcome with fascination.....

If it were not for the fact that this is people's lives the banks are affecting, this would be the most exciting soap opera ever.

[mountainofdebt]

Well was kinda hoping that Natwest would blink first and give me all the lovely dosh without having to go to court.

 

Unfortunately tomorrow is the last day that I can lodge my defence with the court.....sort of wishing now that I'd taken the money.

[dinghy]

I'm sure they'll blink yet...

 

And when it all works itself out the extra £1200 will taste all the sweeter...

[Neo]

I am in exactly the same position. They have until the 3rd (which is a Saturday to hand in the allocation Questionnaire, I've done mine)

 

Does the £100 allocation questionnaire money get added to the claim?