Smel V Natwest...**WON**

[fendyweather]

No worries. Its fact, not fiction. Only one person on here ever lost, Henry, and that was back in early days when the claims first started. Whats that like for reassurance. Brilliant I hope. But its also true. Its just about playing the waiting game. Thats the worst bit. Fendy xxx

[smel24]

I did here about Henry - that was Natwest right?

 

Anyway, I took in the AQ and the £100 fee that went with it. Can we claim that £100 back from Natwest as part of settlement given that we wouldn't have had to pay it if they had stumped up prior to the claim?!

 

I copied my Capital One AQ for those interested http://www.consumeractiongroup.co.uk/forum/capital-one/42034-smel-c1-refund-plus.html

And just used the standard Draft for Directions.

 

Any ideas on how long Cobbetts take past this point?

[hedgey06]

Hey Smel - yes.......... you can claim your court fee back! As for Cobbetts, I think you just need to sit back and play the waiting game now. They seem to be keeping everybody holding on until the very last second................. and then paying out! Not good for your nerves - but at least you know you're on the home stretch now. Good luck - hedgey xx

[smel24]

Thanks hedgey, I've subtely added in my letter to Cobbetts that includes a copy of my AQ that I've paid the fee and I've copied the receipt too!

 

I have also swiped an excellent response to the Natwest defence from gizmo111's thread:

http://www.consumeractiongroup.co.uk/forum/natwest-bank/41199-nat-west-2nd-claim.html#post324746

 

This is my response letter:

 

Thank you for your letter dated 7th March 2007 and the copied defence which I acknowledge receipt of.

With regard to paragraph 1, 2 & 3 of your clients defence (you can read the standard defence on gizmo's thread), it is my belief that the claim is correctly particularised and that when issuing the claim a schedule of charges was submitted to the court with each copy of the claim. If you are saying that the court did not forward these on to you, then that I believe is a matter to be brought to the attention of the court manager. Please confirm that this is the case, and I will request that the court looks into the situation.

 

In addition I have supplied your client on 2 occasions a schedule of charges that I am claiming, which was compiled solely from information sent to me by your client; both charges were sent with communications that were posted Recorded Delivery. In addition I have always quoted the account sort code and account number in relation to this claim.

The schedule of charges also gives clear and exact dates and reason of charge obtained by your client and does not include any charge debited on or more than six years prior to this claim.

 

I therefore will be objecting to your request upon allocation for a case management conference as the claim is in fact correctly particularised, and will be requesting a full hearing in the small claims track.

I enclose a copy of the Allocation Questionnaire handed in by myself today 30.03.07 along with a receipt of the £100 court fee.

 

Come on Natwest, that's a terrible standard defence and it gives me so much more confidence to win because you're clearly not paying attention!

 

Also, I've just read the CAG newletter and see that donations aren't flowing - what's that all about!? As soon as I win this, a donation is on its way.....

 

 

Anyway, I hope this letter helps others it it has me!

[hedgey06]

Hey smel, you're onto a winner here!!!! Just sit back and wait a little longer, and the big fat cheque will come dropping through the letterbox before you know it!!!

 

Just read the newsletter too....... can't understand it. You'd think with the number of people winning their claims (thanks to CAG) that people'd be queuing up to gratefully donate at least 5%. Doesn't seem like an awful lot of money considering we never had the money in the first place. could be that some people selfishlly think "bug*er it - I'm keeping the cash". Shame on them though .......... cos they'd never have got the cash back in the first place without the CAG!!!!!!

 

Good luck with the letter - but I think you'll be absolutely fine! Keep us posted on how you get on............ good luck - hedgey xxxx

[Caz1974]

Good luck with your claim smel

[Parkvale]

smel24,

You have got off to a great start . Cobblers will throw a few spanners in your works to put you off. As you have seen loads of help available. Show them that you are a smel that won't go away

[smel24]

smel24,

Show them that you are a smel that won't go away

 

Ha ha, that's made me giggle on a dull morning! Thanks Parkvale

[Parkvale]

Well your giggle has brought the sun out. Cheers.

[smel24]

Okay I've just got home and received a copy of Cobbetts (Natwest) AQ which I'm unsure whether to worry about or not.

 

In their Other Information section they write:

The Claimant has not shown a reasonable ground for bringing the Claim and despite the Defendant requesting the Claimant remedy the lack of particularity pleaded in the Particulars of Claim, the Claimant has failed to do so. Case management directions cannot be proposed until the Claimant fully particularises their Claim. In light of this, the Defendant may amend its defence or apply to strike out.

Now I wrote a repsonse to their defence (see previous long post) saying that it is my belief that the claim is correctly particularised and now they're saying I haven't! I copied the letter to the court too!

 

What do I do now - is this a standard bit of blurb they write in their AQ?

Do I repeat myself to them and the court of my previous letter?

 

HELP!

 

Smel

[Michael Browne]

Just sit tight. If the court agrees with Cobbetts and want you to submit fuller POC's, they will notify you.

[smel24]

Okay thanks Michael - is that what others have done?

 

I think they're taking the mikey given that I have JUST sent a letter explaining myself about the particulars!

 

I take this is normal of them then?

[smel24]

Still have not heard from Natwest or the Court....I think I'll phone the court tomorrow to ask where the claim is at.

[forthepeople]

Any update? I'm in a similar position and am submitting my POC this Friday for charges and default removal.

 

Good luck!

[smel24]

Still not heard jack and the courts seem to make up dates on the spot - what is the hold up? None of my other claims took anywhere near this long...

[smel24]

Well we've finally got a date for the prelim hearing! It's next week so quite soon, anyone else on here going?

I know it's done in a group with other similar cases so at least we won't be there on our own but how is it all done?

Can someone tell me what happens at a prelim and should I take all of the case documentation?

Will Natwest turn up, or have they ever in the past?

Sorry lots of questions but I've always settled before this point!

 

Thanks for any help

[smel24]

Wow it's been a long journey but we've almost WON!

 

Cobbetts called my boyfriend yesterday enquiring about the hearing and whether he was going, of course the answer was yes. They said they were prepared to settle and would send the cheque then, they asked would he pull the claim to which he pointed out there was also a default on the account and part of the claim. Cobbetts then said they had already applied to have this taken off (very efficient of them) so he agreed to pull the claim once he'd received the cheque and a letter in writing confirming the default was to be gone.

 

What's weird is the hearing was meant to be this coming Tuesday and my friend had her hearing with Lloyds the same day but one hour before and had received a refund from them direct to her bank with no letter mentioning it (I said carry on with the claim - he he:p ) and now Natwest have buckled before the hearing too!

 

I thought it was strange that they called but maybe they thought a letter wouldn't get to boyf in time?

 

Anyway, waiting on the letter, default and cheque and I'll be booking a holiday!

 

Many thanks to all who have supported and given advice, Natwest have really left it to the last minute on this one...of course I won't celebrate until I see the cheque but for now I can see the end!

[hedgey06]

CONGRATULATIONS!!!!

What a great result smel........... enjoy the winnings!!! xxx :D

[smel24]

Thanks Hedgey!