Quinn v NatWest. *** WON ***

[quinny1]

MCOL now in the post,and winging it's way to Northampton.

 

Let's sit back and wait for the fireworks.

 

Ken.

[quinny1]

Well,the notice of issue arrived from the court today,and it says that the papers will be served on the defendant on the 21st October,and that they have until 4th November to reply.

 

So what now?

 

Do I just sit back and wait?

 

Ken.

[Michael Browne]

Yes. In the meantime read some of the settled Natwest threads here:

http://www.consumeractiongroup.co.uk/forum/natwest-successes/

[quinny1]

Problem.

 

We did receive a notification via the court,that they are defending the claim,after my last posting.

 

Unfortunately,it would appear that it has gone missing,as we have just had a major renovation to the house,and can't find it.

 

As the deadline of the 4th has passed,what can we do now?

 

Ken.

[quinny1]

Forgot.

 

It was in the guise of a form that Cobbetts had filled in,defending the claim.

 

Ken.

[quinny1]

So according to the court,after I phoned them last week,and told them about the missing document,the very nice lady at the court told me the 21 days is up tomorrow,(Saturday 18th) and not earler like I thought,but due to the fact it falls on a weekend,she advised me to wait until Tuesday,which is the 22nd,and then I should be able to file for default.

 

Is this correct?

 

And then what happens?

 

Ken.

[quinny1]

Talk about leaving it to the last minute......

 

I received the defence from Cobbetts today, (The deadline day.) and their request for the CPR18.

 

They'll be getting the swift reply back within the next few days,telling them that I don't need to send CPR18,blah blah,and also a copy of the charges as well for good measure.

 

My only small problem is,I will have to re formulate them,as I had a hard drive crash a couple of weeks ago,and yes, you've guessed it,all my information was on it!!!!!

 

If I now recalculate the claim,using the interest template,it will now come out at more than my original request.Is that acceptable,bearing in mind the interest is pushing the claimed amount up by the day,or will I somehow have to work out the original figure?

 

Or should I ring the court,and ask for a copy of my original amount,and explain why?

 

Finally,if it all gets settled,and they pay up,will I get my costs for the court fee back as well?

 

Ken.

[Michael Browne]

If I now recalculate the claim,using the interest template,it will now come out at more than my original request.Is that acceptable,bearing in mind the interest is pushing the claimed amount up by the day,or will I somehow have to work out the original figure?

 

 

Fill in the s/s, save it. Then click on the time in your taskbar and reset the date to the date you filed. Re-open the s/s, which should then be correct and print out. don't forget to reset the date.

 

Court fees and interest should be included in settlement.

[quinny1]

Thanks MB.

 

Ken.

[quinny1]

I am now at the defence stage of my claim,and have had the request from Cobbetts,for the CPR 18,and I just want a clarification on the matter.

 

I have read the section on the board,regarding the request from Cobbetts for the CPR 18,and the way I see it,is that I can just reply to them,by say,using the template supplied,and I don't have to give them the full information of my claim,just the account name/number,and then leave it at that.

 

Is that correct?

 

Ken.

[quinny1]

Just read it again,and it would seem that I do have to send them a breakdown of the charges.

 

Ken.

[quinny1]

When it gets to the point of an offer,and latterly,an acceptance,by this time there will be the court costs to recover,and the original list of charges including interest.

 

However,the interest will have grown slightly,so how can you determine that you get ALL of what is owed to you?

 

Am I to take it that even though the 8% has already been added once the claim has been filed,that it is still growing at a rate of 8% daily,per transaction,and if so,how do you get Cobbetts to acknowledge that your original claim is now for a different amount?

 

Ken.

[quinny1]

But then again,on some posts it says to send them,and on others,it says that they have already been supplied to their client,and not to bother.

 

Can someone advise please?

 

Ken.

[quinny1]

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[bram stoker]

Your interest grows at a pence per day as stated in your claim. They owe you the costs, the interest and further interest.

 

Are you having trouble with Cobbetts over this? If so, is it in your thread?

[quinny1]

Thanks Vampiress.

 

No I'm not having trouble with Cobbetts,hence the reason I haven't put it in my thread,I just wanted to know how you arrive at the FINAL figure.

 

I'm guessing that Cobbetts will,once they cave in,work the extra 8% interest themselves,or do I have to do it and advise them?

 

And who tells them about the court fee?

 

I'm just a bit unsure at this point,and I want to get back ALL that is owed to me.

 

Ken.

[quinny1]

As I need to sort this before I go to bed,and want to get all of my documentation away tomorrow,can someone advise please?

 

Ken.

[bram stoker]

When you write uut your claim all should become clear. And if they don't pay up properly you write to them, and do not withdraw your claim until they pay every last penny. ;-)

[quinny1]

Just reading through my AQ,and am I correct in saying that the extra £100 fee,doesn't apply if the claim is less than £1500?

 

It says in the covering letter from the court,with the AQ,'Return the AQ,on or before 6th December 2006,and where the claim is over £1500,the court fee of £100 to ******** county court.'

 

Ken.

[bram stoker]

Correct.

[quinny1]

Blimey!!!!!

 

You are a fast worker.

 

Thanks.

 

Ken.

[quinny1]

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[Michael Browne]

There's an excellent letter here

http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request-7.html#post386449

 

Or this variation:

 

I write in response to the recently submitted Defence and Request for Further Information you submitted to XXXXXX Court, relating to my claim (claim number – XXXXXXXX) against your client XXXXXXX Bank

 

I understand you have asked for a detailed schedule individually listing all charges debited to my bank account. I have of course provided a schedule of the charges and believe this is sufficient for your clients to exactly understand the details of my case. Please find an additional copy enclosed. Particularly, as your clients have always been fully aware of all charges they have made to my account and indeed, my calculations have been taken directly from information they have supplied me. I suggest you obtain a schedule from your clients as to their confirmation of the charges they have made (and interest thereon).

 

I believe both yourselves and Nat West have been supplied with all of the details necessary to move this claim forwards.

 

I am aware that the Court can order certain and further information from both parties, you appear to have attempted to obtain this information suggesting I am under strict obligations to obey your requests rather than the Courts. With this in mind, I see no reason why I should be sending you any further information relating to this case. It is the Court that decides whether or not any further information is required, not yourselves.

 

Where the Court orders such detailed information, I shall request reciprocal documentation from your clients detailing those same charges and interest to which I am reclaiming along with evidence to confirm the exact costs to which your clients have been subjected and from which they have added profit margins to arrive at the eventual charge made to my accounts for each and every charge.

 

If you feel it other than an abuse of the process to request for further information in the manner you requested it, I have no difficulty in making a reciprocal request.

 

On the advice of other claimants, whose claims are in identical circumstances to mine and who have been passed on to you by Nat West, I will be sending a copy of this letter to the Court. I will also be sending them copies of the letters, which clearly show the schedule of charges and details that you claim I have not yet supplied.

 

I consider that upon allocation this case will be referred to the Small Claims Track; accordingly I consider your CPR Part 18 request to be irrelevant as Part 18 would not apply. I shall not be responding to your requests. I shall of course respond to the order of the Court leaving the matters to be settled by the court

[quinny1]

That looks good to me.

 

I think they shall be getting a copy of the above.

 

Ken.

[quinny1]

Here's an interesting twist to the tale.........

 

My case has been transferred to my local court,from Northampton,and today I received a letter from Northampton,and in it they state that the defendant has already received a list of charges,and that another copy will be sent.

 

Now the way I read that,is that Cobbetts are indeed applying delaying tactics,insofar as they are requesting a list of charges that they, (The defendant.) already have.

 

So I'm now inclined to send the above template letter,with a small modification to the extent that they have all the information they require,including the list of charges,and that the won't be getting any more communication from me regarding the matter.

 

What do people think?

 

Ken.