Jojosnack v Natwest **WON**

[Michael Browne]

Amend to suit:

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX.

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge) However I will only accept an unconditional offer and will therefore not be signing your acceptance agreement

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim and will send a Notice of Discontinuance to the Court upon receipt of unconditional full settlement of my claim

 

I am also not prepared to agree to any confidentiality clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely

 

[Guest ChloeJane]

Hi there!

 

Just reading through your post and we talked in chat.

 

Finally I am amending the post to make sense of what we discussed.

 

You have the cheque! Full and final settlement.

 

The issue is that the cheque states your name but with that where it says payee - is your name and account number!

 

A payee is the person and entity by law that is an entity and has the right to be paid. In this case it is you. If the cheque has your name on it - ie your full name - then it is deemed to be a promise to pay that amount written they are placing terms on how you can cash it, which is a conditional offer.

 

I.e pay into this account only.

 

I would send the letter that michael above has done for you adding in these bits!

 

Follow michaels letter though..just see the extra bits added..!

 

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX.

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge) However I will only accept an unconditional offer and will therefore not be signing your acceptance agreement

 

**Your offer is not unconditional as the cheque is on the condition that it is placed in a particular account. This is NOT part or any previous discussion with me so therefor deeming your offer to be placed with restrictions and not unconditional as you have implied.

 

Please find your cheque attached.

 

For the offer to be made unconditionally, I request that the cheque be amended to include my full name only and the account specification to be removed.

 

I will then accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim once a correctly ammended cheque arrives and will send a Notice of Discontinuance to the Court upon receipt of unconditional full settlement of my claim.

 

 

So add the bits above into it and they should by all rights, send you a cheque with your just your name!

 

 

Hope this helps.

[jojosnack]

Sending this in response first thing tomorrow morning:

 

Date: 30/04/2007

 

 

Dear Sir/Madam

 

Ref: Your Offer of Settlement

 

Account: 5xxxxxxx

Sort Code 6x-2x-0x

Claim No: 7xxxxxxx in Clerkenwell and Shoreditch County Court

 

 

I acknowledge receipt of your letter date 25/04/2007 and your settlement offer of £1874.49.

 

I accept your offer as full and final settlement only for this claim of bank charges made on my account between 01/10/02 and 10/11/06 (dates of first and last charge) However, I will only accept an unconditional offer and will therefore not be signing the Notice of Discontinuance.

 

**Your offer is not unconditional as the cheque is on the condition that it is placed in a particular account. This is NOT part of any previous discussion with me so therefore I am deeming your offer to be placed with restrictions and not unconditional.

 

For the offer to be made unconditionally, I request that the cheque be amended to include my full name only and the account specification to be removed.

 

I am also not prepared to agree to any confidentiality clauses you try to impose.

 

I will then accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim once a correctly amended cheque arrives with no conditions attached and I will send a Notice of Discontinuance to the Court upon receipt of unconditional full settlement of my claim.

 

Upon receipt of this payment I will contact NatWest immediately to clear the outstanding overdraft on my a/c number 5xxxxxxx of £892.08 and to arrange repayment of personal loan a/c number 5xxxxxx.

 

I trust that you will find this arrangement acceptable.

 

 

Yours

 

 

 

Joseph Carlo

[jojosnack]

Still heard nothing after sending the cheque back, (see above). I'm getting a bit twitchy and nervous about it again.

 

Could anyone reccommend a course of action?

 

Should I call the court? I filed my aq on 26/03/07 and have heard nothing from them since then.

 

Is this normal?

 

Any help would be appreciated.

 

Thanks.

[jojosnack]

Could someone reply to my last post if they have time?

 

Thanks

 

Joe

[hedgey06]

Bump for the court crew - any advice?

[Michael Browne]

Don't be frightened to call the court. Court staff are generally very helpful and are happy to answer queries. Ring them tomorrow.

[jojosnack]

Hi

 

Thanks for the advice.

I called them, apparently the court date is in the post.

 

27th June

 

Still heard nothing from Cobbetts.

 

We'll see...

[Parkvale]

Sent a cheque back twice for over £3,500. Coblers will make you sweat as they do to everyone. Don't worry they will not step into a courtroom to defend.

[jojosnack]

Hi

 

I have a court date set for the 27th June. i and NatWest have been ordered to exchange evidence and send to the court. I have sent my two bundles.

 

If Natwest fail to send their bundle will I have won by default?

 

At what point is the 14 day limit up? The beginning of wed 13th? thend of wednesday? What should I do if I recieve nothing?

 

Any help or advice would be greatly appreciated. fairly stressed here.

 

Joe

[jojosnack]

I have heard nothing from Cobbetts or Natwest and recieved no evidence bundle from them. the court date is the 27th with instructions to have swapped evidence no later than 14 days before hand.

 

If i count from tomorrow (14th) then the 27th is the 14th day.

 

what should I do now? Inform the court? Will someone advise if they have time please?

 

Thanks so much.

[Parkvale]

I would leave it till Friday. Then give the court a ring to see that they have not submitted a bundle to the court. If they haven't. Post back on here and we will help you in thedirection of striking out their defense. Good luck.

[jojosnack]

Hi Parkvale and everyone else.

 

Ok as you advised above I've waited til today and just called the court. Natwest have not filed any evidence with the court and I have recieved nothing here.

 

What should I do now?

 

I have drafted two letters which I will paste below. Are these ok? Should I even send the one to the court? Or should I apply directly to the judge straight away?

 

Again, advice would be very gratefully received. I will be working between 12 and 4 today but it would be great if I could get any letters sent by last post so if anyone is around and reading this today a reply would be fantastic!

 

Thanks

 

 

Letter to Cobbetts:

 

Claim No: 7******

Hearing date: 27/06/07 at 11:30am

Dear Sir/Madam

I write in relation to the claim as detailed above, and specifically the order made by District Judge Armon Jones dated 15th May 2007.

 

You were ordered by the court to by no later than 14 days before the hearing to file and serve the documents upon which your client intends to rely at the forthcoming hearing. A copy of this Notice of Allocation was included in the evidence bundle I sent you. This date would have been today, 13/06/07.

I have, to date, received no such documents and accordingly I hereby request that you do serve upon me these documents at your earliest convenience.

 

I consider your non-compliance to be particularly unacceptable in view of the fact that you are specialist solicitors representing a large financial institution with vast resources, and feel that your litigation should be conducted in a professional manner befitting of such a prestigious organisation.

 

Please note that the evidence upon which I intend to rely was both filed and served pursuant to the order of the court on 01/06/07.

 

Should you not comply with the order within 7 days of this letter, I shall write representations directly to the district judge dealing with this claim, to inform the court of your continued non-compliance and invite further order to be made as it sees fit.

I have included a copy of this letter in my communication with the court.

 

I look forward to your prompt response.

 

Yours faithfully

Joseph Carlo

 

 

Letter to The Court:

 

Claim No: 7*******

Hearing: 27/06/07

Dear Sir/Madam

I have received no copies of any evidence that Natwest will be relying on in court. They have failed to comply with the directions set out in the Notice of Allocation dated 15th May by District Judge Armon-Jones which stated evidence should be exchanged between claimant and defendant and presented to the courts no later than 14 days before the hearing.

I have written to Cobbetts LLP advising that I will be writing to the judge directly if I receive nothing from them in the next 7 days.

I have included a copy of my letter to Cobbetts for your reference.

Regards

Joseph Carlo

[jojosnack]

Hi would really appreciate some advice if anyone is free? ThenI can get whatever I need to send in the post by the end of today or at least by tomorrow morning and it would arrive on Monday at Cobbetts and the court.

 

My court date is 12 days away and I'm getting a little nervous. Don't want to slip up at the last minute!

 

Thanks

[Michael Browne]

Both letters look fine to me. Get them posted!!

[jojosnack]

Hi

 

I'm sending the above letters today but before I do can someone advise me on the following?:

 

In the letter it gives the bank 7 days to comply or I apply to the district judge for the case to be struck out.

 

I waited until Friday (just gone) to call the court and check nothing had been sent to them but now, if i send the letters today, they won't be recieved until Tues at the earliest and 7 days from tuesday is the day before my court date.

 

Is it worth it? Should I not just apply directly to the judge now? Am I missing something?

 

If I'm going to send anything today I have to get it in the post by 1pm so if anyone is around and reading this I'd really appreciate a res[ponse.

 

Thanks Again

[jojosnack]

I'm thinking I need to write to them reminding them that as my Natwest account is either dormant or dead that in order to get a cheque cleared in a different account they need to send it NOW!

 

Should I email Cobbetts?

 

AHHH!

[Parkvale]

Send the letters. It shows that you have been reasonable. Cobbetts will not submit a court bundle, and are very unlikely to turn up at court. Also they will be well out of time as regards the judges direction. Phone Cobbetts Tuesday and ask them what they are doing. At least that way you will no where you stand. Send the letters guaranteed next day delivery. So you will definately know Cobbetts have received theirs. My hunch is thet will negotiate with you tomorrow. Good luck.

[jojosnack]

OK Thanks.

 

I'll do that. I have a couple of questions if you have time?

 

If they want to negotiate with me tomorrow am I within my rights to ask for a cheque to be sent rather than having my Natwest account credited? As far as I'm aware the account is not active.

 

Should I remind them of the timescale of this in the letter I send today?

 

Thanks again

[Parkvale]

Don't forget you hold the ace card. They have run out of time and more than likely the judge will strike out their defence. So be firm and remind them that they are out of time and that you will apply for judgement if they do not comply with your requests over the cheque. They have very little if any firm ground to stand on. In fact they are sinking fast.

I stood my ground on my big claim. Good luck you are very close.

[jojosnack]

Ok Thank you very much. Off to the post office I go then!

 

So that means I should restate in the letter I send today that I want the cheque sent to me and not credited onto my dormant account?

 

(Sorry for all the questions)

[jojosnack]

Hi

 

So I sent the letters. I added a reminder of the timescale onto the one to cobbetts and sent the courts a copy of it.

 

So I guess as Parkvale suggested I'm waiting for them to contact me today maybe?

 

Any advice on how to deal with any negotiations?

 

Thanks

[Parkvale]

Yes you are in a strong position. So be polite,but firm and don't give too much, or any ground. Good luck.

[jojosnack]

Thanks Parkvale. Bit nervous really but being STRONG! I'm trying to evoke the spirit of John Bonham to give me some courage!

 

I'm such a useless atheist....

[jojosnack]

I have another question actually. If I were to accept an offer of more than the amount claimed in return for a "gagging clause" that would mean that I would not be able to ever mention my win on here or anywhere else right? so my experiences would not be able to help anyone else?

 

is that right?