Wallet v NatWest

[Wheresmewallet]

Only asked because basically coblers are claiming that they are not getting a/c info or info regarding the charges.

 

So basically they are claiming that the courts are acting improper and implying incompetancy from them, by stating in their defence they are not recieving the info with the Issue.

 

Interesting.....i think I may point out the fact to them in my letter, also may draft letter to the court informing them of this fact!

 

It looks as though it is standard in their responses.

 

Everyone may as well run off a few extra copies of the Schedule of Charges ready for these replys from cobbetts, as they seem to have some magical midgets in their offices over in manchester that are able to climb into the unopened envelopes and detach the sheets which consist of the Schedule of Charges and also edit the Particulars of Claim.

[Allyxia]

Yeah well we'll see how well they go after the Law Society gets our letters!!!!

 

At the very least they will have to invesitgate, that may be enough to put the s**ts up them (hopefully).

[Wheresmewallet]

Well, the Allocated Questionnaire has arrived this morning along with another copy of the Cobbetts Comic

 

- I have noticed on the header sheet from county court that I will have to pay the £100 fee, payable by the claiment on the filing of their questionnaire. My claim is less than £1500 including all interest, so I should not have to pay this fee....should I??

 

- Also. I have not put anything in Section G. Is it okay to do that??

- Should I also send a copy of the AQ to Cobbetts??

 

 

I have until November 6th to complete and return the AQ.

 

 

Sod it. I'll do it today:D

 

 

On we go

[Allyxia]

Wallet looking at my defence

 

My part 5 is Save as hereinbefore appears the Defendent joins issue with the claimant on her claims and denies that it is liable tothe Claimant as alleged or at all.

 

Eh?

 

No section 18, just a spereate peice of paper with my name Vs them but it states its in Northampton County Court (jeez I live miles away from here), I filed in Merthyr what going on?

[Wheresmewallet]

Wallet looking at my defence

 

My part 5 is Save as hereinbefore appears the Defendent joins issue with the claimant on her claims and denies that it is liable tothe Claimant as alleged or at all.

 

Eh?

 

No section 18, just a spereate peice of paper with my name Vs them but it states its in Northampton County Court (jeez I live miles away from here), I filed in Merthyr what going on?

 

Your Part 5 is Part 7 on the defence I recieved. It seems to be solicitor type of talk, or waffle if you like.

 

What is the Section 18? Not heard or seen that before - i don't think i have anyway.

[Allyxia]

Whoops meant CPR Part 18.

I cant see any mention in my re that?

Hey what you dune to P**s them off to warrent an extra two parts then?

[Allyxia]

Wallet did anywhere inyour defense request a CMC? my part 2 says "on allocation the defendant is going to direct the court to a CMC", looks like they are going to push for this as it adds extra delays. If thats the case will Ibe forced to travel to this?

 

Or is this a standard responce.

[Wheresmewallet]

Whoops meant CPR Part 18.

 

I cant see any mention in my re that?

 

Hey what you dune to P**s them off to warrent an extra two parts then?

 

They came with the AQ from court. Only identical (thankfully) to the ones cobbetts sent me on wednesday.

 

The courts are probably piled up so high with these identical defences from cobbetts that they are probably trying to get rid of some

 

Nothing about the CMC on mine. Why should you have to travel.

Did you put your local court on the claim forms? I would imagine you did.

Strange one that

[Wheresmewallet]

Allixya - I cant find your NatWest thread ?

 

Northampton is the bulk processing centre - if you filed online it would go there until allocation.

 

I thought Northampton was something to do with being a major centre for something to do with the claims.

 

I just couldn't put my finger on it.....until now.

 

As mine was taken by hand - hard copy - down to my local court it wouldn't go through this process

[Allyxia]

really you think, that there are so many claims happening in merthyr?hee hee I dont think so they didnt know what on earth I was doing when I turned up with my paperwork!! they told me they'd never come across it before!

 

So if it has been transferred I can just as easy get it transferred back right?

 

Otherwise, it probs game over for me as could never get to northampton.

[Wheresmewallet]

really you think, that there are so many claims happening in merthyr?hee hee I dont think so they didnt know what on earth I was doing when I turned up with my paperwork!! they told me they'd never come across it before!

 

So if it has been transferred I can just as easy get it transferred back right?

 

Otherwise, it probs game over for me as could never get to northampton.

 

You never know then. You may make it in the local paper (if there is one:rolleyes: )

 

I'm assuming so using the AQ

[Wheresmewallet]

Ha Ha

 

Got a reply to the CPR Part 18 i sent to Cobs and Knockers on wednesday.

 

We refer to your letter dated 18 October 2006

We note your comments on our request for further information, It is our clients contention that your particulars of claim did not properly particularise your claim. For example, our client cannot properly defend a claim where you have not given the details of each charge you claim is disproportionate and unreasonable.

The Court is bound by an overiding objective to deal with cases justly and ensure that parties are on an equal footing. It was clearly the case that our client could not respond to your claim where you did not provide sufficient particulars. Our client therefore objects to your allegation that the Request is intimidating

Your Faithfully

Cobs and Knockers

 

I mean 'For example, our client cannot properly defend a claim where you have not given the details of each charge you claim is disproportionate and unreasonable". Try the spreadsheets guys

 

Usual standard waffle I suspect. I have not need to respond to this do I?

 

 

 

 

[Wheresmewallet]

I like Michael Brownes letter template I found to respond to the above letter from Cobbetts. A mirror of what they sent me.

 

Dear Sir,

 

I refer to your letter dated XXX

 

I note your comments on my allegation that your CPR Part 18 request is intimidating. It is my contention that my Particulars of Claim did properly particularise my claim. For example, a schedule of charges, which fully details each charge I claim is disproportionate and unreasonable, has been sent to your client, the court and yourselves at every stage.

 

I agree that the court is bound with an overriding objective to deal with cases justly and ensure that parties are on an equal footing. It was clearly the case that your client could respond to my claim since I have provided sufficient particulars. I object therefore to your allegation that your client was not on an equal footing.

 

Yours faithfully.

-----------------------------------------------------------------

Like it. Sending it today:D

Wallett

[Allyxia]

Just to ask. Ive had the defence what do i have to do next?

 

Do I have to write back to Cobblers? Or sit back and wait for AQ?

[Wheresmewallet]

Just to ask. Ive had the defence what do i have to do next?

 

Do I have to write back to Cobblers? Or sit back and wait for AQ?

 

Good Evening Ally.

 

It's been a good day in the old boozer today

 

Anyway. I'd imagine it would be the case of wait for the AQ from court, fill it in, make a copy to send back to Cobbetts and also attach the ORIGINAL schedule of charges with it - the ones you sent when you took it to court. Send these back to Cobbetts. Then of course send the proper copy of the AQ back to court.

 

Some wait right until the day before it is due back, as apparently they (NatWest) may pay up by then and save you the £100 fee (If your claim is over £1500 I think) for the AQ. Mine needs to be in by the 6th Nov but I sent it back the day I recieved it. Just trying to be a step in front of them

[Allyxia]

Wow you are typing amazingly well for a day in boozer!!!! i dont eventype that fast without alcohol, however am on second glass now!!!! So will joingin you in a relaxed haze!!!!

 

Yeh will wait for the AQ and return as per your post, the sooner Im shot of these bunch of bullies the better!

[Wheresmewallet]

Wow you are typing amazingly well for a day in boozer!!!! i dont eventype that fast without alcohol, however am on second glass now!!!! So will joingin you in a relaxed haze!!!!

 

Yeh will wait for the AQ and return as per your post, the sooner Im shot of these bunch of bullies the better!

 

Amazing what a gallon and half can do to the typing fingers (as well as the mind)

 

Then we can go and have a *I** Up together when we collect our winnings!

 

Anyway i'm enjoying this phase of the competition as we near the last few rounds:D

[gizmo111]

Amazing what a gallon and half can do to the typing fingers (as well as the mind)

 

Then we can go and have a *I** Up together when we collect our winnings!

 

Anyway i'm enjoying this phase of the competition as we near the last few rounds:D

 

Yes me too but getting a bit worn down with it now

[Wheresmewallet]

Yes me too but getting a bit worn down with it now

 

Just think how Mr Higley and his Bog Off Generator printer is feeling:D

 

One thing I would like the outcome of is where I put in my Particulars of Claim

 

- Extra costs incurred in addition to court costs (if legible), due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents and seeking legal advice, I estimate this cost to be £**.**

 

If it works it works, if not, well it was worth a go

 

 

 

 

 

[Allyxia]

Well Giz, Im off to bristol on 3/4 nov for P**s up. And I hope i'll see you in Dec.

 

Wallets - I know north derbs is far away, but with your new found millions, surely you can stretch to £40 City sleep and come to our xmas party eh?

 

Giz dont know how you cope Im worn down (mainly coz of the default issue), and Ive been a month less than you at this!!!!

 

Though it helps when you group up like this!!!!!!

 

Hey im boozing, wallet you have been (are you still) Gizz grab a drink and we can have an inpromptue night out but a nite in????

[Allyxia]

Your round then isnt it!!!

 

Wonder how you'll get on with that?

[gizmo111]

Just gaot a drink Ally - but need to issue claim against mortgage express before I have 2 many!

[Wheresmewallet]

Well Giz, Im off to bristol on 3/4 nov for P**s up. And I hope i'll see you in Dec.

 

Wallets - I know north derbs is far away, but with your new found millions, surely you can stretch to £40 City sleep and come to our xmas party eh?

 

Giz dont know how you cope Im worn down (mainly coz of the default issue), and Ive been a month less than you at this!!!!

 

Though it helps when you group up like this!!!!!!

 

Hey im boozing, wallet you have been (are you still) Gizz grab a drink and we can have an inpromptue night out but a nite in????

 

No more beer for me. Done my bit for the weekend now.

 

4th November - That's my 21st ahem 35th. I still look 32 though:lol:

[Allyxia]

yeh but that still doesnt answer the question. Do you want to risk a night out with us mad folk from them hills!!!!

 

Hang on a min.......now I know the booze getting to me head.....but I class myself as young....(is it a delusion of age that you still think you are 21?) and at 31 and 12 days old im not that far behind you Wallet!!!!! (old git).

 

Is that you in the photo?

[Wheresmewallet]

I feel 64 this morning. Who has put a tash on me photo. naughty naughty. Getting me worried about folk from the hills:rolleyes:

 

Anyway. Having a swift journey down to county court this morning to drop off the AQ and a copy of the CPR Part 18 request I got from cobbetts. Just to keep everything up to date.

 

Suppose i'll be getting a offer of 50% of the claim in the near future from cobbetts