Alex v Natwest

[Deller]

I forwarded my schedule by post and asked them to attatch it to my claim, quoting claim number.

 

Send to:

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

[Alex Ball]

Thanks Deller, just been reading your thread with interest.

 

Any news yet ?.

 

Also I filed my MCOL today, and it states that NW have 14 days to defend when filed, but they obviously choose to delay things.

 

Do you know how quickly MCOL file this and the 14 days start ticking ?.

 

Eager to get my money back, and before xmas would be just the tonic, then it's on to Capital One !.

 

Rgds

 

Alex

[Deller]

I think they get 14 days to acknowledge the claim then once they've done this they get 28 days to give their defence (28 days from the date the claim was deemed served). You've now hit the stage where there seems to be a lot of waiting but just hang in there. Like they say ' all good things come to those who wait'.

[Alex Ball]

Yes will do Deller. I can see from your dates that it was about 3 dates from the claim being filed to being acknowledged.

 

Will be glad to get the first one out of the way so that it makes it much easier to understand the protocol for getting after Capital One.

 

Thanks for your advice.

 

Rgds

 

Alex

[Alex Ball]

I filed my claim against Natwest on 30th Oct, and I noticed on MCOL that it was showing as date processed 4th November.

 

This then gave Natwest 14 days to 18th November to respond/file I think.

 

Presumably they now have a further 14 days from 18th Nov, ie. 2nd December to defend ?.

 

Not heard anything from Coblers yet apart from a letter from courts confirming they filed to defend.

 

Alex

[cheddar]

Yep, they have 14 days to defend.

[Deller]

Yes you're right with your dates Alex, and Cobbetts tend to use every last day too so expect some response on or around 2nd Dec!!

[Alex Ball]

Hi All,

 

I received my letter from Cobblers dead on the deadline date as expected and the usual CPR Part 18 letter, which I did not complete as my claim is for just £1,200 in total.

 

I sent the template letter back from this excellent site on Monday, but received a letter from the courts yesterday confirming that my case has been transferred to a local court to me.

 

Also enclosed was an additional questionnaire form (small claims track). Do I need to complete this and send back to the courts ?. I am guessing so.

 

Have come so far now I don't want to make any mistakes, as I can smell the money coming back to me.

 

If somebody could give me a brief summary of what is likely to happen now, once I complete and return the AQ and having sent a response to Cobblers refusing the CPR Part 18.

 

Thanks as ever for all of the help, and I hope to contribute my 5% on winning !.

 

Rgds

 

Alex

[livelylad]

Hi All,

 

I received my letter from Cobblers dead on the deadline date as expected and the usual CPR Part 18 letter, which I did not complete as my claim is for just £1,200 in total.

 

I sent the template letter back from this excellent site on Monday, but received a letter from the courts yesterday confirming that my case has been transferred to a local court to me.

 

Also enclosed was an additional questionnaire form (small claims track). Do I need to complete this and send back to the courts ?. I am guessing so.

 

Have come so far now I don't want to make any mistakes, as I can smell the money coming back to me.

 

If somebody could give me a brief summary of what is likely to happen now, once I complete and return the AQ and having sent a response to Cobblers refusing the CPR Part 18.

 

Thanks as ever for all of the help, and I hope to contribute my 5% on winning !.

 

Rgds

 

Alex

 

Yes you need to complete the AQ http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

I would assume they will stall for a little while then offer you around 50%, Then they will come back with the full amount.

[Alex Ball]

Thanks lively lad,

 

That feedback is excellent.

 

Everyone who knows what I am doing think I am mad, but I tell you what they are all watching closely and if and when I get my money, I can see a lot of them also jumping onboard !.

 

Thanks again.

 

Regards

 

Alex

[ataction]

I had the 50% offer prior to the defence and AQ, I guess they are trying to clear some of the backlog?

[Deller]

I had the 50% offer prior to the defence and AQ, I guess they are trying to clear some of the backlog?

 

 

I too got my 50% offer prior to defence. I think they are trying to get people to accept part offers with the added pressure of Xmas on peoples minds!!

[Alex Ball]

I can expect an offer of 50% then can I !!

 

Looks like it may be Jan before I get my money now, but I can sit and wait.

 

:)

[livelylad]

I can expect an offer of 50% then can I !!

 

Looks like it may be Jan before I get my money now, but I can sit and wait.

 

:)

 

 

They are devious trying to bribe people with lower offers in the hope that they will settle because of Xmas. Dirty sly tactic. Hold out for the full amount of your money.

[Alex Ball]

I submitted my claim for charges made between 13th April 2000 and 4th November 2005, however my MCOL did not start until 30th October 2006.

 

I have had a letter from Natwest today offering me £160 and stating that I can only claim for the period of the last 6 years which would exclude 15 of my entries.

 

The remaining total is therefore only approx. £150 of exceeded charges, and yet I have paid my £120 court fee also.

 

What should I do ? Accept the offer or do I have any other form of recourse for these 15 charges from 13th April 00 to 29th Sept 00 ?.

 

Some help would be appreciated.

 

Thanks

 

Alex

[natwesttookmymoney]

No, don't worry about the 15 entries. Write back to them rejecting the offer and accepting the £160 as an interim settlement only. They will withdraw the offer.

Include in your letter something along the lines of the following.

"You have stated in your letter that NatWest will not consider any claim over six years old, alleging that it is time barred under the Limitations Act 1980. I shall be claiming, under S.32 (1) (b) and © LA 1980 that NatWest has knowingly concealed the unlawful nature of its charges from its customers, and I was not aware of this fact until the last few months - nor could I, as a layperson, be expected to be so aware. I am therefore giving you this opportunity to reconsider your decision not to refund charges extending back beyond 30 October 2000."

 

FYI -

 

S.32(1)(b) relates to concealment of facts leading to the cause of action rather than concealment that the charges were unlawful. So you would need to establish that they concealed the the true cost of the services they were providing in relation to your breaches - and their standard 'our charges are fair, clear and transparent' sentence is probably an enormous help in doing so.

 

Hope that helps. If it does, click the scales!

 

Westy

[Alex Ball]

Thanks Westy for the speedy response and this is indeed a great help.

 

Rgds

 

Alex

[natwesttookmymoney]

You're welcome. Any more suggestions or help required don't hesitate to ask.

W

[Alex Ball]

Westy,

 

Do I need to include 'Withour Prejudice' on my reply letter ?

 

Cheers

 

Alex

[natwesttookmymoney]

Absolutely not. It's raising a point that you may wish to argue in court (if it gets that far) so the last thing you want to do is exclude it! (Which is what WP does)

Westy

[Alex Ball]

Brilliant I guessed not but thought I should check.

 

Thanks, letter on the way !!.

 

Alex

[Alex Ball]

Ok I followed up with my letter on 8th Dec. but have not heard further from Natwest yet. How long is it likely before they reply to me ?.

Should I contact the courst again to set the wheels in motion ?.

 

I want my money...................

[natwesttookmymoney]

Hi, Alex

 

Has NatWest filed its defence yet? It should have done, if your MCOL was filed 30 October - in fact, they're well overdue. Is 30 Oct the date you actually filed?

Westy

[Alex Ball]

I received a letter on 8th Dec. stating that they would offer me just £160 and saying that as my first 15 entries were older than 6 years these would not stand up.

 

Somebody kindly sent me advice on how to respond which I have done claiming that I am not a layman etc and stating that I would accept the £160 as partial payment.

 

I have not heard anything further from Cobblers. Can I contact the courts now to progress ?. Even without my first 15 entries I am owed £200 plus my £120 court fees.

 

Cheers

 

Alex

[Deller]

You really need to stick to one thread Alex, it is so hard to keep track of what stage you're at with different questions in different places.

 

I will pm a Mod to merge your threads.