The Shelty bites back...***WON***

[Shelty]

Just sent the following to Mr Higley, which I've copied from several that I've seen Michael Brown suggest (thanks Michael!!);

 

"Thank you for your letter dated 25/9/2006

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, interest and court fees totalling £4194, which includes the daily interest.

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

I will be willing to withdraw my claim upon receipt of full settlement of my claim.

I trust this clarifies my position.

Yours faithfully" etc etc

Will NW withdraw their offer of the part balance now?

[MadgeXXX]

Hello Shelty, I am following your thread with interest as you seem to be a little ahead of me. I have yet to recieve a letter from the esteemable Mr Higley. I have had notice that the claim is going to be defended in full, but nothing heard yet.

 

If you have recieved a partial offer, are you obliged to tell the court? Is a partial offer to settle an indication of admission?

 

MADGEXXX

[Shelty]

Hi Madge, I'm not sure if you're obliged to tell the court, although I'm sure that NW will use the offer as evidence that they are trying to be reasonable & negotiate. This is the first offer I've had, but I've seen others where offers are made before it gets to the court stage. I now expect, if my case follows the pattern, Mr Higley will withdraw the offer, Cobbets will make another slightly higher offer, then the court stuff will be issued.....they have another 16 days to file a defence.

At the outset I would have been happy just getting my charges refunded, but the interest & then the additional 8% all add up & I want the whole lot now ! Hope you're succesful with your claim Madge.

[MadgeXXX]

Hello again,

 

All I ever wanted was a £38 dd charge refunded which they refused to do! We have some great oneliners put aside for future use if and when they start talking about gestures of goodwill! They have until the 24 Oct to file their defence.

 

Good luck with your claim!

 

M

[Pokerkings01]

The saying "left hand doesn't know what the right hand etc" applies today ! Two lots of post;

1. Notice that Acknowledgment of service has been filed. This came from the court, dated 22nd, saying that NW has 28 days to defend the claim, & signed by Cobbetts on 21st saying they will "defend all of this claim".

So I assume that in the next 28 days that I'll get a fob off letter from Cobbetts???

 

2. Second Letter from Mr Higley dated 25th, offering me £1320 as a "gesture of goodwill and without admission or liability. Acceptance of this offer will be in full & final settlement of your claim together with an acknowledgement that our terms & conditions will continue to apply"

 

Off to look through the templates to find the next thanks but no thanks letter to Mr Higley. Does this all seem like the standard ??

 

 

Hi Shelty,

 

This is interesting as I have got the exact same response from a Stuart Higley say "I am disappointed to note that you are contemplating legal action...." blah blah. This is a response from my first letter. About to send him my second today. I will take this all the way until I get my £381 squid back!!!!!!

 

Good luck!

 

I'll let you know the standard response I get!

[Shelty]

Been going back through cc statements aswell & got two lots £80 on NW Prem' & £128 on NW Visa.

Should I wait for the ongoing NW claim to be finished before I send letters for these two ? Also, should I issue them as two seperate claims as they're 2 accounts?

Any advice welcome as usual.

[Shelty]

Defence recieved , but no AQ from the court....will this get sent automatically? Notes & Request for further info read as follows;

 

Notes;

1. The request is served pursuant to CPR part 18

2. The reason(s) why this request has been served are set out in the defence which has been served by the defendant

3. You are asked to provide a response to this request in accordance with CPR part 18 by 3/11/06

4. If you are unable to provide a response by this date then you should immediately contact the defendants solicitors and tell them when you will be able to provide a response

5. In the event that you do not provide adequate response to this request by this date then the defendant can aply to the court for an order requiring you to provide the information requested or an order striking out the claim(s)

 

The Request for Info';

1. In your claim you state "Claimant is claiming the return of £xxxx taken by the defendant in charges in the last 5 years". No mention of interest at this point...should there have been?

2. Please provide the following particulars to support your claim:

2.1 In relation to each charge please identify (a) the date when the charge was charged; (b) the amount of the same & © the reason(s) for the charging of the same ok...just send copy of spread sheet? should this be the original or an up to date one to reflect the interest?

2.2 In relation to each charge, please identify the following: (a) is it the case of the claimant the same should not have been charged? (b) If yes; please explain why the claimant contends the same should not have been charged? © If no; is it the case of the claimant that the same should not have been charged in this amount? (d) If yes; Please explain why the claimant contends that the same should not have been charged in this amount and identify the sum the claimant contends should have been charged. (e) If no please state the claimants case.copy of spreadsheet covers all this doesn't it?

3. In your claim you state that "the charges are a disproportionate penalty and therefore unenforcable as they are contrary to common law"

4. Please provide the followig particulars to support your claim:

4.1 Please specify the clause(s) pursuant to which the charges were applied;

4.2 Plesae specify whether the charges applied were a breach of contract by the claimant;

4.3 Please identify in each case the particular breach of contract (by reference to the appropriate term(s) of the contract) that the charge related to. Ok, what does that mean...what do I do to respond to this point?

5. In your claim you state taht the charges are ;"invalid under the Unfair (contracts) Terms Act 1977 s4 and Unfair Terms in Consumer Contracts Regulations 1999 Para 8 and Sch.2(1)(e)" and "Unreasonable within the supply of Goods and services Act 1982 s.15"

6. Please specify all of the facts relied on by the Claimant in support of the contentions in Para.5 above, and in particular please identify the contractual provision (s) that the claimant alleges are invalid by reference to UCTA/The regulations. As with 4.3...how do I respond to this point?

 

OK, so that's the request for info, which I'm assuming is pretty st'd stuff? I found Martin's info on responding to the CPR 18 request as detailed below. Is this all I need to send back & does it answer all of the points raised above?

 

"At the defence stage it appears that the NatWest solicitors are asking claimants to complete a Cpr part 18.

They claim they have insufficient POC and request the claimant to send this to them.There is no requirement to do this and the letter below can be sent in response.

Dear Sir or Madam:

Claim No:

 

I Acknowledge the receipt of the defence posted on behalf of National Westminster Bank plc.

I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative

Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. However, for clarity, I confirm the charges I am claiming were applied to the following account:

Account Name:

Account number:

Sort Code:

 

Please also find enclosed a breakdown of all charges I am claiming.

Yours Faithfully"

I assume I'm getting close now....thanks for your help in advance again!

[Shelty]

Above letter sent today....recorded delivery of course !

[Shelty]

AQ recieved, please can someone check my answers;??

Settlement postponement for a month NO

change of Location (they've already reasigned it to a Court near me) NO

Small claims Track YES

Witnesses 0

Experts report no

Hearing non availability no

Other info...(was thinking of copying this from the templates).."I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation."

should I do so ?

Fee....yes

 

Also, should I send any copy documents with the AQ, eg the refusal letter to the CPR18 request, copies of the offer I was made etc?

 

Many thanks again !! Nearly there now (I hope) !!!

[MadgeXXX]

Shelty if you get no response, go into the chatroom and ask for help! Or PM a moderator. Karnevil seems to be pretty good!

 

Madge

[Shelty]

Two letters from Cobbetts today;

1) "It is our clients contention that your particulars of claim did not properly particulise your claim. For example, our cleint cannot properly defend a claim where you have not given the details of each charge you claim is disproportionate and unreasonable.

The Court is bound by an overiding objective to deal with the cases justly and ensure that parties are on an equal footing. It is clearly teh case that our client could not respond to your claim where you did not provide sufficient particulars. Our client therefore objects to your allegation that the request is intimidating"

 

2) "your challenge will fail in Court, etc etc, However, as a gesture of goodwill and strictly on the basis that our client rejects any liability to you, it is willing to offer you a goodwill payment of £2100".

Full & final sett't on the basis that a) you shut up & b) withdraw the claim at Court. You have 7 days, we will draw this letter to the Courts attention on the basis that this offer is fair & reasonable" etc

 

Help required please!

1. As per previous post...how do I finalise the AQ....I've done most of it, just need help on 1 section
   
2. Should I respond to the first letter or ignore it? They haven't asked for anything so I propose to ignore it
   
3. Do I send the st'd "will accept this as part payment" letter in response to the second letter?
   
4. Do I send a copy of my response to the Court?
   
5. Do I need to take the AQ in or should I wait for them to pay up before this is due?

Thanks in advance !! Donation nearly on it's way !!!

[Michael Browne]

1. As per previous post...how do I finalise the AQ....I've done most of it, just need help on 1 section Standard disclosure is fine. Just include a schedule of charges
   
2. Should I respond to the first letter or ignore it? They haven't asked for anything so I propose to ignore it Yes
   
3. Do I send the st'd "will accept this as part payment" letter in response to the second letter? See below
   
4. Do I send a copy of my response to the Court? Yes and the offer letter
   
5. Do I need to take the AQ in or should I wait for them to pay up before this is due? not crucial, but if you send it back it will cost Natwest an extra £100 to settle

Thanks in advance !! Donation nearly on it's way !!!

 

Dear [named sender or Sirs]

 

Thank you for your letter dated xx/xx/xx

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, interest, court fee and allocation fee now totalling £xxxx

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I trust this clarifies my position.

 

Yours faithfully

[Shelty]

Thanks Michael, all gone off today.....the waiting continues

[Shelty]

AQ taken to court today,fee paid & I was told that they would contact me within a month, once NW had submitted their AQ.

[Shelty]

ha ha ha, just had a NW "investment mngr" on the phone....

"Hello Mr Shelty, I had a note in my diary to give you a call to discuss your financial situation. The last time we spoke you thought that your debts may have been reduced by now, and as such may have some additional disposable income"

(I had to laugh, yes my debts may soon be reduced, and yes I might have some more "disposable" income, but that's only after NW send me a cheque) I suggested that he should phone me in the Spring !

[Shelty]

WIN WIN WIN !!!

The O/H had just left this morning, and there was a knock on the door...."what's she forgotten this time" I asked myself...no it was the Glam' post lady...."please sign for this sir" & out came a cheque from Cobblers for the Full amount + interest + fees !! £4312.44 & no conditions !

Payable to my NW a/c, but who cares !? Will wait for cheque to clear then inform the court, funny though, the cheque was dated the 1/11, and yet the letter 6/11, so they'd written the cheque before they would have known that I'd returned my AQ. Oh well, who cares......I WON !!!

Thanks to all who've helped, it's not over yet, another few claims still in the pipe line, so thanks for help in advance aswell !

Survey completed, donation to follow when all the claims are completed !:grin: :grin: :grin:

[Lager_Lou]

:grin: That's AMAZING!

 

Congratulations Shelty - enjoy it!!!

[brisgirlie]

shelty.

 

From your thread i can see you and i were at about the same stage. can i ask when you AQ was due back to the court. I know you have now won but just wounder if the same will happen for me shortly

[Shelty]

My AQ was due back on the 11th Nov, athough I took mine in on the 30th Oct....so they wrote the cheque out 2 days after I'd returned my AQ asking for st'd disclosure......your's wont be long !

[Shelty]

Cobbetts AQ arrived this morning, and I've signed the notice of discontinuance........Thanks NW pleasure doing "business with you !":-D

[Guest NATTIE]

Congratulations!

[caro]

Congratulations Shelty.