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Debs v Natwest ***WON***


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Thanks so much Hedgey - I've had a read through that thread and posted my latest question there ... I'll pop it below as well and any tips received with much gratitude!! x Debs

 

Hi - it seems Bedford (reallocated from Northampton) have also dispensed with the AQ as I had a letter a few weeks ago. No mention of fee so will call court today to check.

 

However I have had a "Notice of Allocation or Listed Hearing" saying:

 

District Judge etc has considered the statements of case submitted in this claim and has decided that a hearing is necessary before a final decision about allocation can be made.

Reasons for hearing are as follows:

The Court needs to identify whether this particular case is suitable for hearing as a Fast Track.

District Judge etc orders you to attend at etc with directions.

 

There is an HMCS letter attached saying:

 

Dear Sir/Madam,

The Court has identified a number of cases which all raise the same issue and defence. In an effort to manage them appropriately the Court has listed the cases for consideration of allocation to track or in some cases reallocation. The Court has endeavoured to list cases involving the same lending institution at the same time in the hope that only one representative need attend.

Yours faithfully etc from the Listing Officer

 

Any thoughts, tips, and what am I supposed to take along aside from my notes, claim and copy of all correspondence of course?

 

Thanks in advance for any help - am in on 2nd July!! :shock:

 

x Debs :-)

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Hi again Debs, this thread should help you http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html as it explains what type of hearing this is and how you need to prepare for it. Sounds as though the judge basically wants to decide what track to allocate your claim to - but the thread above explains this in more details. ;)

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Am in the very happy position of just being offered settlement, inc court costs, to the amount I was claiming. fantastic!

 

I did ask for payment by CHAPS transfer, not a cheque (they are a bank after all!) but of course that's not protocol! So it will be the whole 'cheque is in the post' waiting game now!

 

I have asked that the signed offer letter is emailed to me before I halt proceedings at the Court - which was agreed. It was originally going to just be an email, however I did say I needed a signature to feel more secure which she said she understood.

 

I've noted about confidentiality demands often discussed on this site and have said I won't sign that which they've agreed.

 

Whilst on the phone to them I asked that any credit defaults that may have been done against my name by Natwest be removed - she said she put in a default request on the system as we spoke (it still takes up to 28 days) and I asked that note of that be included in my offer letter which was agreed.

 

The woman from Cobbetts who did the call (the only call I have had) was very pleasant, very efficient, sympathetic without being pushover of course, and to be honest really nice to deal with - I was very surprised. It was a good way to tie up the issue!

 

Of course the signed letter has yet to arrive - it is being scanned and emailed due to the postal strike as my court date is Monday so they want to get it to me in time for me to stop proceedings.

 

You guys have given me a lot of confidence and strength to go through with this and it means we pay off another chunk of debt. THANK YOU.

 

Look to your donations pile, as soon as the money clears I will be sending something over - and thank you again. :) x

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Oh and PS also said that this is only this claim we are dealing with and that I certainly won't agree to never take Natwest down this route again in the future if I deem it necessary! She said that's fine, totally agreed and the letter makes it clear it is only this case that is being dealt with.

 

We await the letter! x

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CONGRATULATIONS!!!!!

That's brilliant news Debs - well done to you for not caving in to any conditions.......... and getting everything that you asked for. Brilliant job!!!!!

Enjoy the cash, and very best wishes to you!

Hedgey xxx :D

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Gorgeous gorgeousness - I went down to Bedford County Court today to hand in my form ceasing hostilities ;) apparently the cheque is coming 'special delivery' and will be with me on Monday ... hmmm, I will fall over in amazement if that happens!! Happy weekending you delicious folks xx

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What a lovely start to the weekend for you!!! That's great news............ get your wish list written - and make sure you ave a nice drink on nat west ! xx ;)

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  • 2 weeks later...

Well, now we've emerged from the sea of bubbly celebrations ;)

 

I got my cheque via special delivery on Wednesday. They had promised monday, but post strike etc and the postman did try to delivery on Tuesday but I was out. SO am quite impressed to be honest - well, mildly as these are the first promises fulfilled!! Cheque should clear by Monday I reckon and then will get my donation over - you guys have been SO brilliant.

 

I have a question - my Father died suddenly in May which has knocked us all over. It transpires he was about to start the process as has been badly charged on a number of accounts. I have read somewhere that it is possible to reclaim charges for someone who has died - we would dearly like to get as much as possible back to help Mum.

 

Can anyone advise on best procedure? All help as always much appreciated.

 

xx thank you xx Debs

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Hi Debs,

 

I've asked for some advice on this one, and the answer I've received is as follows:

 

Yes, although the Data Protection Act only applies to "living data subjects" they should be able to obtain statements if they (relative acting on their behalf) are handling the estate.

 

If they are applying for probate, then this will be sufficient for them to act for their late Father - failing that, they will need a copy of the death certificate, a letter of authority from an executor of his will, if he had one.

 

So, in a nutshell, the answer's yes! With many thanks to Hagenuk for giving such a speedy response.

 

Go for it Debs - it'd be nice to get something back for your mum. xx :)

Can't find what you're looking for? Please have a look at Michael Browne's

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Thanks Hedgey and Hagenuk - brilliant news, and I'm on the case. I'll let y'all know how it goes and hopefully have other info to share for other folks in a similar position. You're brilliant x Debs

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  • 1 month later...

Hi CAG fab folks - have made small donation - essentially what was left over once I paid off the overdraft at Natwest, closed the account and walked away triumphant. Hopeful of more in the future. Sorry it's not loads.

 

thanks again - you have been amazing. x Debs

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Help!!

 

I have received the defence from NatWest this morning and similarly to some others, stated " This request is served pursuant to CPR Part 18 alternatively with regard to CPR Rule 27.2 (3). What does this mean? Should I send the letter that has been shown previously in this thread? I sent the court copies of the charges by post even though I registered my claim online, do you think this means that the charges weren't filed with my claim, or are Natwest stalling? I have been through the process to the letter using the templates, so Natwest have previously received 2 copies of my charges.

 

What's my next best step, I have until 22nd August to respond.

 

PS. I'm suprised that they have entered a defence since the latest ongoings with bank charges, is this a good sign or not?

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Hi there - I'm sorry that I have not a clue :confused: However I did get some great advice earlier when the whole CPR thing was going on and it was to go to this thread http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html which even if it doesn't answer your question directly is very busy so do post your question there too. Hope that helps ! x Debs

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