Grant V Natwest

[Michael Browne]

Ok, if there is no request for further information, you could merely acknowledge receipt of their defence. If you do send the letter then yes

send a copy to the court and send Cobbets a new schedule of charges?

[dantracey]

Hi Chucky

Your defence is nearly word for word the same as mine.

Fingers crossed were near the final hurdle

 

Tracey

[chuck2001]

Well recieved the AQ today will look at in more depth in the New Year. Response date is 15/01.

 

Chuck

[Michael Browne]

See here:

Allocation Questionnaires - A guide to completion

and here:

New strategy for Allocation Questionaires

 

[dantracey]

ooww chuck. exciting stuff or what,hopefully mine will be here beginning of the week or even maybe tomorrow, what day are we on? lol ive lost all track.

[chuck2001]

Cheers once again Michael.

 

Chuck

[chuck2001]

Just had a quick flick through the AQ and have noticed that the form is an N150 and not N149, does it matter? even though the claim is under 5K. Do you think I should querie this with the court as it might be an error on their part.

 

Am I aloud to fill in and use the pdf format form or do I have to use the form supplied?

 

Cheers in advance, no doubt there may be other questions as I don't want to slip up at this late stage.

 

 

Chuck

[Michael Browne]

Just had a quick flick through the AQ and have noticed that the form is an N150 and not N149, does it matter? even though the claim is under 5K. Do you think I should querie this with the court as it might be an error on their part.

Doesn't make any difference. With all the claims they've probably run out of N149's

Am I aloud to fill in and use the pdf format form or do I have to use the form supplied?

Either

[tinkerbell2]

1 Suitable response here:

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

 

2. Their defence is shorter than some they have submitted, but otherwise entirely standard.

 

I have same kind of defence from Natwest too - it runs to 4 pages and says nothing more than they've not got enough information to submit a proper defence!

 

Sent cpr-18-request response

 

Tinkerbell.

[chuck2001]

Hi Guys just a few questions before I submit AQ(N150).

 

1. On page 1 it states my father as the 1st claimant and part 20 cliamant, don't understand the Part 20 bit.

 

2. Section D Case management

Im doing the claim for my dad so do I include myself in here and to what facts am I witness to? My dad doesn't want to appear himself if it came to it.

 

3. Section H Other Information

Do you intend to make any applications in the immediate future?

 

Do I sign the form as im the litigation friend striking through Counsel, Solicitor, 2nd, 3rd and defendant?

 

Finally in other info do I put in their that my father gives me permission to carry out this claim on his behalf?

 

Cheer guys, hopefully thats it.

 

Chuck

[Michael Browne]

1. On page 1 it states my father as the 1st claimant and part 20 cliamant, don't understand the Part 20 bit.

Are yiou sur it says this, since Part 20 is about Countercalims by the Defendant.

2. Section D Case management

Im doing the claim for my dad so do I include myself in here and to what facts am I witness to?

No, leave blank.

My dad doesn't want to appear himself if it came to it

.

Even with you as a Litigants friend, your father would have to be present.

3. Section H Other Information

Do you intend to make any applications in the immediate future?

 

No

Do I sign the form as im the litigation friend striking through Counsel, Solicitor, 2nd, 3rd and defendant?

 

Finally in other info do I put in their that my father gives me permission to carry out this claim on his behalf?

Dont't know. Suggest you phone the court for advice.

 

Section F Proposded Directions:

New strategy for Allocation Questionaires

[chuck2001]

Hi Michael,

 

cheers again for advice.

 

Are yiou sure it says this, since Part 20 is about Countercalims by the Defendant.

 

Only where the court staff have filled in the details ie

 

To be completed by, or on behalf of,

"Chuck"

who is [1st][2nd][3rd][Claimant][Defendant][Part 20 Claimant] in this claim.

The only boxes that have a pen stroke through are [2nd][3rd] & [Defendant]

Unless its an error on their part, or unless they are going to counter claim.

However im using the pdf template version should I strike it out myself or is it that the AQ they send to the Solicitors whereby they strike it out if they are not going to counter claim.

 

Hope ive explained it alright. Any thoughts much appreciated.

 

Chuck.

[Michael Browne]

Right. I think what it is is that they haven't bothered to strike through Part 20 since if you are claimant you can't be a Part 20 claimant as well.

[chuck2001]

Right got you.

 

So I'll strike through it then

 

Cheers

 

Chuck

[dantracey]

Hi Chuck glad to see your on final hurdle good luck

 

Tracey

[chuck2001]

Well nearly there with submitting AQ. Was going to use the new strategy but couldn't think what to use for Statement of evidence as Cobbetts didn't admit to anything ref charges.

 

3. No admissions are made as to what charges have been debited to the Claimant’s account.

 

So thought it prudent to do it the tried and tested way, unless anyone has any idea's about how to draft the statement. AQ deadline is 15.01.07.

 

 

Chuck

[chuck2001]

Well today at 1100hrs recieved first offer from Cobbetts for about 50% of claim, haven't even comleted AQ yet.

Now have the job of drafting and sending rejection letter.

 

I feel as though im getting somewhere now.

The old man's out looking for new kitchen units today waiting in anticipation of the big cheque to arrive.

 

 

Chuck

[Deller]

There seem to be quite a few offers coming today, think this is the fourth time I've posted this reply......lol

 

Thank you for your letter dated xth January 2007.

 

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, which together with the daily rate of £0.XX now total £xxxx as of XXth January 2007.

 

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 am also not prepared to agree to any confidentiality clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust this clarifies my position.

 

Yours faithfully

 

 

[tinkerbell2]

Good luck on the final hurdle chuck.

 

I am at the same stage. In the post yesterday i received an goodwill offer for about 50% of total claim.

 

Sending rejection letter tommorrow.

 

Good luck again, i will keep you posted as to how im getting on.

 

tinkerbell

[chuck2001]

Well goodwill gesture rejection letter sent today so hopefully no that far now.

 

Lets see what games they play now, going to file AQ on Friday 12th Jan.

 

 

Chuck

[chuck2001]

Need help here guys, don't know whether I have dropped a clanger or not.

 

Recieved AQ from defence today stating:-

 

"We refer the court to the Defendant's Solicitor letter dated 22.12.2006 and respectfully request that this claim be struck out on the basis that the claim form is defective having not been signed by the Claimant personally or by a solicitor acting for him and there being no reason for proposed litigation friend".

 

Im claiming for my dad and when I completed the N1 and submitted it to the court I asked if I could sign the form on his behalf as a litigation friend, they told me this was ok.

 

Have they now got grounds to have the case struck out? or is this another delay tactic. ultimately I know its the judges decision. I was going to submit my dads AQ tomorrow the deadline is Monday, should I still submit or wait for judges decision?

 

Well I thought we were on the home straight, I take it if the judge strikes out the claim I would have to start again from the N1 stage and make sure my dad signs it.

 

Any help much appreciated.

 

 

Chuck

[chuck2001]

Bump

 

Any comments guys

 

 

Chuck

[Michael Browne]

Ok,so they've picked up on a technicality. At least it shows they're paying attention!! Basically the mistake was to sign it as a Litigation Friend, since this only applies to children or patients ie people incapable of conducting a case. Which is why they're saying there is no reason for the proposed litigation friend.

 

You should send your AQ in on time, as that is also grounds for a case to be struck out.

 

What I suggest you do is under Other Information explain the circumstances and the fact that you were advised by the court that uou could sign the N1 on your father's behalf. Explain that your father is willing to appear in person at any hearing. Enclose copy of his permission.

 

I think the worst that may happen is that the judge may direct you to serve a corrected N1 or he may well allow it.

[chuck2001]

Thanks again for reply Michael, Im not the best at putting things down on paper any chance you could give a rough guide on text to use ie my father will now sign AQ so in other info along with the other text in there "standard disclosure and not a complicated case etc" what should I put now.

Enclose copy of his permission?

 

What a ball ache, everything was going so well, nevermind hopefully the judge will allow it.

 

Chuck

[Michael Browne]

Enclose copy of his permission?

I thought he may have originally sent the bank a letter giving permission for you to act on his behalf. Obviously not. Not to worry.

 

Never done this before, so amend as you see fit:

 

The defendant has requested that my claim be struck out on the grounds that that the claim form is defective. My son, Mr XXXX, has been assisting me in my claim, and I wish him to accompany me to any hearing and allow him to be my lay representative.

 

At the time of filing my claim at XXXX County Court, he explained this to the court staff and was advised that it would be in order for him to sign the claim form on my behalf.

 

I therefore respectfully request that my claim be permitted to proceed and that my son, Mr XXX, be allowed to be my lay representative.