Jump to content


  • Tweets

  • Posts

    • Paint is a free programme on any Windows PC. But don't worry, the choice here is not either perfection or nothing. As you say, use your scanner, save the file ... and then use the "choose files" option when you post to CAG to add the file. We can do all the redacting and converting to the correct file type at this end.  The important thing is just to get the info to us. Why not do an experiment this afternoon and see if the above works?  
    • I see they're trying to round up asylum seekers and lock them up for about three months so they can be put on planes to Rwanda. I'm a bit surprised that this is legal.  
    • thought for the day "Prime ministers need a big strategy that tells you where you’re going, you need a bunch of tactics that get you there, and you need the ability to take everybody else with you."   Now I know you are all thinking 'why is the  UKs destination Rwanda ???
    • Asset Link filed for a default CCJ against me, in relation to an old Barclaycard debt which I apparently signed an agreement for back in 2000.   I did not own a Barclaycard in 2000 so I know this is not true.  The CCJ notice was sent to an old address so I did not receive it.  Years later when I found out about the CCJ when I applied for credit, I put an application in to have the CCJ set aside.   As part of the set aside case, I was asked by the judge to provide a draft defence, should the CCJ be set aside.   The defence I provided was that I did not admit to the debt as I had not been provided with any evidence of an original loan agreement.   I won the case and the CCJ was set aside.   Link then filed to court again to make me pay the debt.   We both filed directions questionnaires and the judge allocated the claim to the small claims track.   As part of the directions, additional directions given were as follows ' Additional Directions in a claim for an Assigned Debt - Because the claim is in respect of an assigned debt the Court makes the following directions for the management of claim.  The claim shall be automatically struck out at 4pm on 3 April 2024 unless, before that time, the Claimant delivers to the Court and to the Defendant the following documents'  It then listed various documents such as an original agreement, deed of assignment, notice of default, statement of account setting out how the alleged debt accrued under that agreement etc.     The Claimant failed to provide these documents within the deadline provided and instead I received a copy of a bundle of documents provided by them in preparation for the court date, this was received weeks after the deadline.    I have called the Court to ask if it has been automatically struck out and they advised that it is not automatic and that I should still send my witness statement by the deadline provided, which is Wednesday.  This does not give me much time to prepare my witness statement.   I have never done anything like this before and I am unclear what my witness statement should include.  My thoughts were that I should keep it simple and stick to the facts, like the fact thy have not provided evidence of the original agreement, or the deed of assignment of the debt.   They have provided a copy of a default notice from Baclaycard dated 2015, this states a figure of £550 but the debt they say I owe is £10k.   I am not sure what makes a valid default notice?   I have previously requested proof of the debt from Barclaycard directly and have evidence of emails between us where they have been unable to provide me with the agreement or any documents at all relating to the debt.   Should I include these as an appendix?  Are there any other documents I should include in my bundle?    I have also tried to mediate with the claimants, to save the court costs and time, on a without prejudice basis, but the claimants solicitors refused to mediate.   Should i state this in my witness statement too to show the judge that I have been reasonable and they haven't? Many thanks   Louise
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

jane V Natwest ***WON***


jane641
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6380 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

 

Have been using this site for some time now and have asked a couple of questions in the past but thought I would start up a proper thread as I have a feeling I will need some help over the next few weeks!

 

I am currently in the position where I have sent off both prelim letter and LBA to Natwest.

I received the usual reply to prelim letter and so followed this with LBA. Deadline for them is tomorrow and have yet to hear so looks like I will be filing a claim tomorrow (as I expected anyway!)

 

Will fill you in as this progresses and I hope all your claims are going well.

 

Jane

 

 

Statements request: 29/5/06

Prelim sent: 23/7/06

LBA sent: 7/8/06

Link to post
Share on other sites

  • Replies 53
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi,

 

I am trying to fill out money claim form and am a little stuck!

I am filling out the particulars of claim part and just wondered do I copy and paste the 'particluars of claim' bit in the step by step guide? i.e:

 

[IN THE ANYWHERE COUNTY COURT

 

BETWEEN

 

JOE BLOGGS CLAIMANT

 

And

 

GRABBBIT BANK LTD DEFENDANT

 

 

PARTICULARS OF CLAIM

 

 

1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ]

 

2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon;

 

b) a declaration from this honourable court that the term of the contract leading to the application of the charges is unenforceable;

 

c) Court costs;

 

d) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

I believe that the contents of these particulars of claim are true

 

 

Signed:

 

 

Date:

 

Obviously I can't sign it so do I delete this bit. Also there are too many characters for the section.

Secondly (sorry for all the questions) when I add the amount do I put the interest in with that now or add later on in form?

 

Thanks,

Jane

Link to post
Share on other sites

I submitted my MCOL yesterday and am now worrying!!

I didn't add a list of all my charges with it as there was no place to put these.

Should I have done?

I have sent a statement of charges with both my prelim letter and my LBA, should I have attached it to this too and if so how?!

Thanks

Link to post
Share on other sites

Dont worry. There is no section to add the charges on MCOL as it is not necessary. As long as you have provided the bank with details of what you are charging - which you have done with both your prelim letter and LBA - you'll be fine.

 

Now its time to just sit back and wait.

 

Do keep us posted!

Link to post
Share on other sites

Thanks for reply.

 

I have just received another damn charge from bank (paypal's fault as they took out a payment from ebay twice by accident causing me to go over OD!). Does anyone know if I can add this onto the charges I am claiming?

Link to post
Share on other sites

Hi,

 

Thought I'd update you all.

Put in claim on 25th August. Received notice of issue from courts which said that claim was issued on 29th Aug and deemed to be served on 3rd Sept.

 

Yesterday I then recived an acknowledgment of service from the court dated on the front 31st Aug, but then on the actual 'acknowledment of service' from Cobbetts it was dated 30th Aug.

Which date do I count the 28 days from as I have so many dates!??

The form from the courts advises "28 days from the date of service of the claim form". Does this mean the 30th Aug which is the date Cobbetts have put?

Sorry if confusing, just wanted to make sure I have it right!!

 

Jane

Link to post
Share on other sites

  • 3 weeks later...

Still waiting and not heard anything yet.

Have worked out that 28 days must be up on 27/9/06 so I can apply for judgment on 28/9.

I expect Cobbets will submit a defence at the last minute though, as usual!

Link to post
Share on other sites

Well, yesterday was deadline day for bank to submit a defence (as far as I could make out) so I have just tried to apply for judgment on MCOL but have not been allowed to.

I assume this either means the bank have filed a defence at the last minute or I got the date wrong by a day! I was not entirely sure whether it was yesterday or today anyway.

Will try to apply for judgment again tomorrow and also keep my eye on the post!

Link to post
Share on other sites

Well, yesterday was deadline day for bank to submit a defence (as far as I could make out) so I have just tried to apply for judgment on MCOL but have not been allowed to.

I assume this either means the bank have filed a defence at the last minute or I got the date wrong by a day! I was not entirely sure whether it was yesterday or today anyway.

Will try to apply for judgment again tomorrow and also keep my eye on the post!

 

I make it 1st October as 28 days from date claim was deemed to be served

Consumer Health Forums - where you can discuss any health or relationship matters.

Link to post
Share on other sites

Thanks gizmo111.

I was unsure of what date to use. Have read through loads of threads to see, but it appears lots of people get confused due to having so many different dates and the date that it is deemed to be served is always after the date it was actually served on!

Will try to apply for judgment on the 2nd Sept then.

Thanks

Link to post
Share on other sites

Well, have gone on to money claim today and there is no longer a link under 'judgment' for me to apply so I assume this means that a defence has been submitted??

I suppose I must wait for something to come in the post now. More waiting!

Link to post
Share on other sites

Well, have gone on to money claim today and there is no longer a link under 'judgment' for me to apply so I assume this means that a defence has been submitted??

I suppose I must wait for something to come in the post now. More waiting!

 

Nat west are great at filing defences on day 28

Consumer Health Forums - where you can discuss any health or relationship matters.

Link to post
Share on other sites

Well, I returned from work yesterday to find the defence from Cobbetts had arrived. It's very long but appears similar to others that I have read on here.

They are asking for CPR 18 (surprise surprise) and details of my claim (which I already sent to the bank on two occassions).

I will be sending them a letter today which I drafted from other threads which goes like this:

Dear Sir or Madam:

 

Claim No:

 

 

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

 

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 sincerely

 

I also received my AQ from the courts this morning so it seems things are moving forward!

Link to post
Share on other sites

Hi,

A couple more questions!

Does anyone know if we get the £100 back that we have to pay with the AQ?

Also, after I send off AQ what happens then? The Step-by-step instructions seem to stop there but I have read on other threads about the bank having so long to fill theirs out too - is this right? And if they don't do their's in that time what happens?

Thanks,

Jane

Link to post
Share on other sites

Hi,

A couple more questions!

Does anyone know if we get the £100 back that we have to pay with the AQ?

Also, after I send off AQ what happens then? The Step-by-step instructions seem to stop there but I have read on other threads about the bank having so long to fill theirs out too - is this right? And if they don't do their's in that time what happens?

Thanks,

Jane

 

Yes AFAIK we get it back - the bank have the same time as you to send back AQ - suspect if they don't reply then it gets struck out but am not sure on that.

Consumer Health Forums - where you can discuss any health or relationship matters.

Link to post
Share on other sites

Thanks.

What do you think is the best way to pay the AQ fee?

May sound silly but should I pay by cheque, cash (special delivery) or postal order?

If cheque who do I make it out to?

 

I paid mine cheque to Bristol County Court and sent by normal post - the cheques showed up as cashed on online banking a few days later.

Consumer Health Forums - where you can discuss any health or relationship matters.

Link to post
Share on other sites

Hello Jane,

 

I am following your thread with interest, you are further ahead than me, Nat West have until 26 Oct to file their defence. With so many standard letters flowing out you would think they would have a computer programme in place!

 

Good luck!

 

Madge

Link to post
Share on other sites

Thanks Madge and good luck with your claim.:)

 

New update - I received one of the standard letters from Cobbetts yesterday about my letter re the CPR 18 request. Was just saying that their client needs to know all the claims and what they are for yadda, yadda.

I sent a copy of the charges with this letter!!

Will leave it there though - I know I don't need to reply to them and refuse to get embroiled in to'ing and fro'ing as that's what they want!:D

Link to post
Share on other sites

Hi all,

HELP!!

I think I have made a big boo boo.

I have just been reading through some other threads and wanted something clarified. Does your charges for advantage gold account come out with your other charges?

I am an advantage gold customer and am confused about this.

On my statements each month I have a section which is called 'charges' and also 'interest' (due to overdraft). Now I know I can not claim back interest, but I added up all my 'charges' on my statements and this made my final sum which I am claiming.

What I am now worried about is that I added my advantage gold fees in to this too, which I know you can not claim for.

Does 'charges' include advantage gold fees aswell because on my monthly statements it does not itemise charges separately?

I always receive a letter from Natwest monthly informing me of what is going to be taken out the next month (ie interest and charges) and it usually just says "unarranged borrowing fees".

Can a mod or someone help? Have I added advantage gold fees in this or not? If I have what will happen?

I am now worried the court will throw out my claim or will take it all the way to court to argue this point!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...