Grant V Natwest

[chuck2001]

Sounds good to me

 

Michael should I include this text after other info?

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

 

The defendant has requested that my claim be struck out on the grounds that the claim form is defective. My son, Mr XXXX, has been assisting me with 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.

[zanna]

hi chuck

ive just asked michael the same question about what to write apart from the bit concerning your dad!

going to post my AQ in the morning

good luck with yours

zanna

[Michael Browne]

Michael should I include this text after other info

?

Yes, but I would put the objection to strike out first.

 

Also:

 

I respectfully request the Court to issue the proposed Directions Order attached to this AQ.

and print this out on a separate sheet:

 

New strategy for Allocation Questionaires

 

[chuck2001]

Sorry if I appear somewhat dense Michael are you saying I should use the directions in the new stategy for 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.

 

 

Quote:

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

And are you also saying that the text you kindly drafted for me I should put before the other info? (request for small claims track etc)

 

 

Chuck

[Michael Browne]

are you saying I should use the directions in the new stategy for AQ

You don't have to do any of it unless and until the judge agrees to the Direction Order and they are all things that you would eventually produce for your court bundle anyway. Whereas the bank is being directed to reveal their costings and is likely to settle the moment they recieve the Direction Order.

And are you also saying that the text you kindly drafted for me I should put before the other info? (request for small claims track etc)

 

Yes

[chuck2001]

Thanks again Michael,

 

Have submitted the AQ today will keep my fingers crossed that the claim don't get struck out. Also decided to use the new strategy and submitted the proposed directions.

 

Chuck

[chuck2001]

Well its been over a week now and still waiting for the court to decide on directions.

 

Will just continue to sit back and wait, will prepare court bundle next week ready to submit.

 

Chuck

[muggins73]

Hang on in there chuck, as you may have a little bit more waiting to go unfortunately.

 

It seems as though most courts are extremely busy and we seem to be waiting an age for our court dates. I have read several threads, and they all have this waiting game in common...bit like watching paint dry!!!! The unnerving thing is that once we've waited so long the date arrives on our doorstep and our day in court is much sooner rather than later. Hopefully this is a sign that our monies should be on its way asap.

 

Good luck.

[chuck2001]

@ Muggins

 

Hopefully hear something this week as when I spoke to the court they informed me they haven't had many claims and my case was in front of the judge as we spoke. So hopefully money that little bit closer.

 

Chuck

[muggins73]

I can almost smell the sweet aroma of all them banknotes;)

[chuck2001]

Well its been a little more that 2 weeks since submitting AQ, think the court told me porky pies as when I spoke to them yesterday they informed me it will be at least another 3 weeks before I hear anything due to the back log they have.

 

Oh well sit and wait some more.

 

Chuck

[muggins73]

Gosh, you'll be joining me on that waiting train, then?

 

Our court clerks must be iun cahoots with eachother. I've had nothing either:mad: He must've got the wrong week or something, or the judge is had enough of claims for bank charges and quit;)

Either way, the paint I've been watching for what seems like an iceage now, is certainly beginning to get a bot dry. infact, it's starting to peel off.

[tinkerbell2]

Hi All,

 

We have received a court date and Order for Directions from the Courts.

 

The Court date is in April '07!

The court has approved the new strategy for AQ draft directions, but removed the two paragraphs referring to "... fails to comply with this order, the ... will be struck out without further order"

 

I guess it's time to finish the statement of evidence, court bundle etc...

 

[tinkerbell2]

Question: Does anyone have a link to / copy of "Transcript of radio interview with Peter McNamara, former head of personal banking, Lloyds TSB."

 

- I guess this transcript lays weight even for non-TSB claims.

[chuck2001]

Not 100% but sure I saw it Tinkerbell in the Lloyds TSB section. Will go and check, should carry same weight non TSB claims.

 

Chuck

[muggins73]

Hi tinkerbell2,

If chuck fails to find what your looking for in the Lloyds TSB section then it's probably worth doing a google search, or better still, if you have any idea what radio station the interview was on, look there.

good luck with it all:)

[tinkerbell2]

Thanks Chuck,

 

I've persisted and finally got there:

http://www.consumeractiongroup.co.uk/forum/cuttings-soundfiles-library/118-peter-mcnamara-bbc-radio.html

 

Also, found this, which might-just-end-up-my-homepage!:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

[chuck2001]

Finally got a response from the court, knew this was comming.

 

"It is ordered that"

 

1. Unless the Claimant do file and serve and amended claim form, signed by the Claimant personally or by a Solicitor acting for him, by 4.00.p.m. on the 16.02.2007 the claim do stand dismissed.

 

So have now printed off new N1 form and this time get the old man to sign it as apposed to the advise from the court that said I could sign on his behalf as a litigation friend.

 

Heyho slight delay but will get their in the end.

Just a couple of questions, the ammendments to the claim form should they be completed in red ink to show the changes ie his signature? and should I send one to Cobbetts?

 

Chuck

 

Ps @ Tinkerbell good on ya for finding it I searched and couldn't. Good luck with your claim.

[muggins73]

I believe that any amendments made, do indeed, have to be made in red.

 

Make sure you send three copies to the court, they will officially stamp all three retaining a copy for their file, send one to Cobbetts and return one copy to you.

 

Good luck.

[chuck2001]

Cheers for that Muggins, will do.

 

 

Chuck

[chuck2001]

Well guys, got a phone call from the old man to say that the postie arrived this morning with a special delivery letter.

 

Yes you've guessed it, a big fat cheque for £3914.45 with the usual terms.

What a relief, in total its been about 5 months from start to finish he's totally made up and is going to look for a new kitchen the weekend.

 

Can't thank you guys enough especially Deller1 & Michael Browne plus many more.

 

Will be sticking around to try and help others with the experience I have gained, the old feller dropped the bombshell also that he wants me to start two more claims for him.

 

It goes without question that a donation is to follow as I wouldn't have had a clue if you guys were not here.

 

Thanks guys.

 

Chuck

 

PS Can a mod change thread title to Grant V Natwest *Settled in Full*

[Michael Browne]

Excellent!!

 

Please complete the bank survey……….cheers for the donation.

 

See here for advice after settlement:

http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html

 

Congratulations. Enjoy the dosh!!!

[chuck2001]

Cheers Michael, wish I could enjoy the dosh but did the claim for the old man, still he did say when it clears he will see me right.

 

Chuck

[Guest NATTIE]

Congratulations!!

[Deller]

Congratulations chuck, even if it was for your dad it must still give you great pleasure in the success, and as you say I'm sure he'll see you right.

 

Well done.