Amanda v Natwest

[JoMorrobel]

On reading through different cases/claims - is there a reason why some people seem to be offered money straight away with NatWest while the rest of us have to go through the lengthy process- it doesn't seem to make sense - do you think it depends on the branch?

[Deller]

It might possibly be the branch. In my claim I sent my first two letters to my local branch and received an offer after both of them.

 

Other people send their letters to the registered address and don't receive any sort of offer.

 

I don't think it really matters, as we all seem to be in it for the long haul anyway.

[Don4071]

Received Allocation Questionnaire from SMC - to be handed in by 28th December.

 

I'm ok(ish) filling it in but anyone got any advice about:-

 

Sending Cobbetts a copy?

Attaching correspondances (NatWest, Cobbertts & mine) with the AQ.

 

 

Any thoughts - please

[Deller]

It's not a legal requirement to send Cobbetts a copy although it is a good idea.

As for sending copies of any correspondence, no need, you will have the opportunity to supply this with yor court bundle....if it gets that far.

[Don4071]

Hello...gonna ask a thick question now.

 

Received notification today of the hearing date for my claim which is 23rd February 2007.

 

Also, in the court letter is the following para. which I don't understand.

 

The claimant having particularised her claim and the defendant having failed to particularise his defence, it is directed that the defendant shall submit with the copy documents and schedule in response to the schedule filed with the particulars of claim setting out in relation to each item disputed.

 

1. The contractual provision under which such charge is made.

 

2. The basis of calculation of the charge indicating where appropriate the cost of such items.

 

Ok, on Point 1, I presume Nat West would simply need to provided signed T&C's??

 

On Point 2, does this mean that the Judge is effectively asking Nat West for disclosure??

 

The court letter also, states that each party shall delivery to every other party copies of all documents on which he intends to rely at the hearing...

 

This is my court bundle....right???

 

Any one who can clarify this will get a great big kiss! (electronically of course!).

[steve1cooke]

Hi Amanda,

 

Looking good now. Should soon be over.

 

Referring to your points.

1. Yes

2. Yes (but I'll be knocked down with a feather if they do!!)

3. Yes (I presume the order says to supply these within 14 days of the hearing? If that is the case, wait until the day that 14th day before supplying the bundle to the court as you may well have a settlement before then.)

 

Good luck

 

Steve

[Don4071]

Hiya

 

Court Bundle Question please?

 

It doesn't look like there's a settlement offer coming my way, anytime soon. So, I've prepared the Court Bundle, found in the templates section.

 

I'll put in a covering letter to Cobbetts along the lines of......In accordance with orders given by Crewe County Court please find enclosed copies of all documents which I intend to rely on at the hearing on 23rd February at Crewe County Court.

 

Do I need to 'jazz' this up a bit. Started to word something stronger to Cobbetts - put it got too strong - if you know what I mean!!

 

Any suggestions to covering letter, just so Cobbetts are fully aware how determined I am.

 

Also - QUITE IMPORTANT- do I need to address their defence at all at this stage???

 

 

Thanks very much.

[Don4071]

As well as above another question about court bundles

 

I take it if I want to mention or refer to previous court cases such as

 

1. Murray v Leisureplay [2005]

2. Wilson v Love [1898]

3. Lordsvale Finance PLC v Bank of Zambia

4. Bridge v Campbell Discount Co. Ltd. (1962)

5. McAlpine v Tilebox

 

as well as

 

Dunlop v New Garage

 

Do I have to enclosed the entire details of each case, or will the salient points be enough??

[Don4071]

NOW WHAT....

 

Court bundled needed to be in with the Court & Cobbetts by today, so I dropped one copy at the courts yesterday and another copy to Cobbetts.

 

I've not had copies of Cobbetts documents, nor has the courts??? Don't understand what Cobbetts are up to.

 

Either cobbetts copies will arrive on Monday - which technically is later than the 14 days they courts ask for them in, and then that means they're going to defend in court - doesn't it.

 

Or are they up to something else I haven't thought off?

 

Anyone throw any light on this one for me please.

[Don4071]

Bump pls. Any ideas on what next move should be pls

[phill123]

hi , i am no expertr as i am not at this stage however, i will wait until monday call the court to see if their court bundle has arrived. however, if it didn't arrived and the timescale set by the court has expired you could ask for their defence to be strucked out and maybe have a judgement made by default. however, this is a suggestion i have made you should better query that with someone who has more knowldege than me.

good luck with your claim:)

[Don4071]

hiya, ANOTHER ONE WON.

 

Thanks for your response Phill123.

 

Phoned the courts to see if they had received Court Bundle - which they hadn't.

 

I did ask what would happen if Cobbetts did not sent theirs through (already late) and they advised it would be up to the judge to decide at the hearing whether or not to proceed ... which didn't seem right to me but who am I to argue with them!

 

Phoned Cobbetts instead to ask if they had/were going to send it and they couldn't find my file.

 

They phoned me back later... and told me that they had received a cheque (full amount inc costs & interest), which I received today.

 

Cobbetts don't half play hard - don't they! Anyway, another feather in banking customers cap - thanks to this site and all the great advice and support given.

[phill123]

congratulation amanda and enjoy your money lol ( sorry being a bit cheeky here !)

[Guest NATTIE]

congratulations!!

[Don4071]

I wss successful at claiming back charges & interest going back 6 years. However, I've been reading alot about people claiming back 6 years & beyond.

 

If I'm reading these threads correctly, can I put in another claim for 6+ years?

 

Any pointers in the right direction, greatly appreciated.

[Guest NATTIE]

yes, is the answer, this time you need to put in a SAR

[Don4071]

Thanks.

 

OK SAR going off today from when I opened the account up until I started my last claim.

[scott150663]

Yes u can claim pre 6 years just read loads of threads, if u need statements u will need to send a SAR

 

Regards Scott