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    • Couldn't agree more, really wanted a true ruling on this just for the knowledge but pretty sure the Judge made some decisions today that he didn't need to?.. maybe they all go this way on the day? We hear back so few post court dates I'm not sure. Each Judge has some level of discretion. Their sol was another Junior not even working at their Firm, so couldn't speak directly for them! that was fortunate I think because if she would have rejected in court better, she might have  been able to force ruling, we are at that point!, everybody there!!, Judge basically said openly that he can see everything for Judgement!!!  but she just said "I can speak to the claimant and find out!" - creating the opportunity for me to accept. I really think the Judge did me a favor today by saying it without saying it. Knowing the rep for the sol couldn't really speak to the idea in the moment. Been to court twice in a fortnight, on both occasions heard 4 times with others and both of my claims, the clerk mention to one or both parties "Letting the Judge know if you want to have a quick chat with each other"! So, it appears there's an expectation of the court that there is one last attempt at settling before going through the door. So, not a Sol tactic, just Court process!. Judge was not happy we hadn't tried to settle outside! We couldn't because she went to the loo and the Judge called us in 10 minutes early! - another reason to stand down to allow that conv to happen. Stars aligned there for me I think. But yeh, if the sol themselves, or someone who can make decisions on the case were in court, I would have received a Judgement against today I think. She was an 'advocate'.. if I recall her intro to me correctly.. So verbal arguments can throw spanners in Court because Plinks dogs outsource their work and send a Junior advocate.
    • that was a good saving on an £8k debt dx
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    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
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Steve v Natwest


steve levy
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Hi all.

I have been involved for some time now in trying to reclaim my charges and have so far gone through the letter stages.

Nat West have offered me £268 for a claim of approx £3,000.

I went onto money claim a couple of weeks ago and submitted my claim to the courts.

Nat West have responded to the summons by stating that they intend to defend the case.

I now wait for the defence statement from them.

Must be honest feeling a bit like a fish out of water here, but determined to stick with it as they seem to be taking this all the way.

 

Steve

Hants

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Must be honest feeling a bit like a fish out of water here, but determined to stick with it as they seem to be taking this all the way.

 

I think most of us felt the same way at first. It was something I'd never done before and was convinced something would go wrong. BUT IT DIDN'T. And it won't go wrong for you either - eventually you will get your money back.

 

And then you will have a taste for it and be wanting to claim back every penny from every card, every bank account, your friend's bank account, your mother's credit card ..... there's no end to it!

 

Good luck.

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I think most of us felt the same way at first. It was something I'd never done before and was convinced something would go wrong. BUT IT DIDN'T. And it won't go wrong for you either - eventually you will get your money back.

 

And then you will have a taste for it and be wanting to claim back every penny from every card, every bank account, your friend's bank account, your mother's credit card ..... there's no end to it!

 

Good luck.

 

Yes it is a very addictive process, and the site is as well

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

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  • 4 weeks later...

Hi all . i have posted info but now can't seem to find it and i could do with some advice please.

I have asked for over £3000 to be repaid and so far they have offered me £268 as a goodwill payment. I haven't taken any money and after several letters i applied to the courts through online Moneyclaim.

 

Two days ago, on the 28th day , before judgement by default could be registered, i received a defence statement, and a request for further info.

I can now see that i may not have completed the claim form correctly.

There are some simple details which i can complete with no problems, however i have a few questions that i need help with.

 

They have asked for the following and i'll write what is written word for word.

 

1. in your claim you state " i claim a full refund of charges which you levied from my account".

2. please provide the following particulars in support of your claim:

 

2.1 To what account(S) ( Giving details of name account and sort code)

were the charges applied.

 

2.2 In relation to each charge alleged to have been overcharged please

identify (a) the date the charge was charged: (b) the amount of the

same: and © the reason(s) given for the charging of the same.

IUNDERSTAND ALL OF THE ABOVE AND HAVE NO PROBLEM WITH THIS.:-)

 

2.3 In relation to each charge the fee identified in response to 2.2 above,

please clarify the following: (a) is it the case of the claimant the same

should not have been charged? (b) if yes; please explain why the

claimant contends that the same should not have been charged? ©

if no; is it the case that the claimant should not have been charged

in this amount? (d) if yes; please explain why the claimant contends

that the same should not have been charged in this amount and

identify the sum the claimant contends should have been charged.

(e) if no; please state the claimants case.

 

3 In your claim you state that the charges are " unlawful at common law statute and recent consumer regulations".

 

4 Please specify all ofthe facts relied on by the claimant in support of

the contentions in paragraph 3 above, and in particular please

identify (a) the particulat statute and/or regulations the claimant

refers to; (b) the sections and/or regulations of each statute/regulation

refered to; and © the principles of common law relied upon by the

claimant in alleging that the charges are unlawful.

 

THE ABOVE POINTS 2.3 AND 4 I HAVE TO ASK FOR HELP WITH AS NOT SURE

 

Since getting this reply i now have had the questionnair sent through by the courts. do i fill this in and send it back straight away? also should i ask for a delay in order to give them more time to settle?

 

As yu can see i'm in a bit of bother with this and would be most grateful if anyone can assist me.:confused: :confused: :confused:

 

Thank you all so much for your help so far.

 

steve

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This is Cobbetts latest scare tactic

 

As the claim, strictly speaking, has not yet been allocated, they can make a CPR Part 18 request, so you must respond. You must also send a copy of their request and your reply to the court. You can, if you wish, respond in full to their request. Alternatively:

 

Dear Sir or Madam:

 

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your defence & request for further information and clarification.

 

I would like to advise you that I am a litigant in person in this matter, and so do not feel that I am adequately qualified to understand or respond to the points you raise in your letter. Consequently, I have decided that I will await the hearing on xx/xx/xx, at which I will ask the judge for guidance on the best way

to respond to you.

 

I anticipate that the claim would 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

 

However, for clarity, I enclose a schedule of charges and I confirm the charges I am claiming were applied to the following account:

 

Account Name: XXXXX

Account numbers: XXXXX

Sort Code XXXXX

Amount XXXXX

 

Yours sincerely

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thank you for the advice.

i wonder what i should do if my claim amount is different from the amount originally claimed for on the summons.

i see from the defence statement that they say i am time barred from claiming prior to a certain date. I had originally claimed for a few months prior and will need to prepare a revised list of charges. would this revised list forwarded to all parties with an explaritory note in the reply be satisfactory?

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hi all i have claimed from may 2000, but in a defence statement it says im time barred from claiming prior to august 2000.

This now means that the amount i had applied for is different from the amount that cobbets say i should be claiming from.

Can i just do another list of fee with the revised dates and send copies to cobbets and the court?

Or is there something else i should do. It's a difference of about £700 less for me to claim.

regards

shaky

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  • 2 weeks later...

Hi all completed further info as requested , and sent copies to the courts and Cobbetts.

A reply this morning from Cobbetts is now offering me £1,300 . It is my intention to refuse this and continue with the claim through the courts.

I hope that this is the right choice.

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