Lets get this Party started !!!

[alf]

Hi Everyone

 

I have rec'd statements and in the process of listing all charges, over £4000!!!. Do I then send a copy of these with the prelim, am I correct, if not please advise, very nervous:-? they are over 2 different accounts, do I send them seperately?

[barracad]

Yes you need to send them a 'schedule of charges' which is basically a list of the charges, dates, and amounts.

 

If the accounts are both with the same bank and both in your name then yes you can combine them.

 

Good luck.

[alf]

I shall now sit and type for hours & hours listing all charges, thanks again. By the way isn't this site great:)

[barracad]

Have you filled in the spreadsheet to work out the charges? If so, just print off the relevant part of that to save re-typing all the charges.

 

By the way isn't this site great:)

 

Yes!

[alf]

Sorry, but were is it I can't see for looking?

[kerriegeorge]

templates libary section

[alf]

Thankyou;)

[alf]

Well done it, posted the prelim today 25/9/06. Sent one to branch & one to Bishopsgate, do feel a bit nervous , but feel better when reading the threads on this forum. I hope it goes well for everyone here. LET BATTLE COMMENCE

[VeryTrying]

Good luck, and now you've got a couple of days to guess what's going to be in your reply. There are only so many ways for NW to say "S*D OFF", so have a read through other threads and try to guess which of the standard paragraphs are going to be in your letter! My favourite sentence is the one where we're told to send the court papers to 135 Bishopgate - there's NW trying to show a bit of bravado in the face of overwhelming odds!

 

May as well start getting your LBA ready now - your brush-off is most probably in the post as we speak!

[alf]

hi all

 

had a second letter from stuart higley today, it says that he regrets there is little he can add to previous correspondence and note the proposed course of action. he has alerted his lawyers and litigation department accordingly. and to remind me that should i like to get back in touch with them , then use the bishopsgate addresss.

 

I thinks its a bog standard letter, can i start my court dealings now.

 

any help would be great

 

thanks

[livelylad]

hi all

 

had a second letter from stuart higley today, it says that he regrets there is little he can add to previous correspondence and note the proposed course of action. he has alerted his lawyers and litigation department accordingly. and to remind me that should i like to get back in touch with them , then use the bishopsgate addresss.

 

I thinks its a bog standard letter, can i start my court dealings now.

 

any help would be great

 

thanks

 

Yes typical fob off letter just continue with your timetable.

[alf]

thanks for that lively xxx

[alf]

Morning everyone

 

could i have some advise please. i sent my S.A.R - (Subject Access Request) to ge cap on 19/10/06 and had a response from them on 27/10/06. The problem is that becos it is an old account that is now closed from yrs ago, they have said in thier letter back that , they are unable to deal with my enquiry, as your acc no was not quoted or is invalid.

 

I DO NOT KNOW THE ACCOUNT NUMBER, THATS THE PROBLEM.

 

i have searched and ransacked the house looking but cannot find anything, the payments nade to them used to be paid with a book, with payment slips at the PO.

 

is there a letter anywhere that i can send them that will tell them i had an account and that they need to flippin look for the information, needs to be forcefull really, or should i try and make up my own. has anyone else had this problem.

 

any help would be gratefully rec'd

 

thanks all

 

alf

[alf]

Help with the above please

[natwesttookmymoney]

Hi, Alf

 

Not sure what to say if you can't find any records. Did you ever use a bank account to pay them? At any time? If so, there should be a reference number against DDs or SOs that would be the a/c number.

 

Onbly other thing - were you ling at the same place as you are now? I would have thought that your name and address would have been one way they could do a search.

 

Oh - and another thing occurs to me. Credit reference agencies. Do a search on your own name and appropriate address(es). If GE Cap registered anything against you - and they often do - then any appropriate entries will have a reference number, which will probably be your account number but will definitely be a means by which they can trace your records.

Westy

 

(None of this has any legal standing whatsoever. I'm a bigmouth, not a lawyer)

[Guest NATTIE]

alf mate, try the CAG natwest thread stickie for account closed. I wrote the thing so that it is as easy as A B C.

[alf]

Hi All

 

I mcol'd natwest in October, they have acknowledged, and have till 20th

November to put in a defence, I still haven't heard anything yet, is this normal. I appreciate that i can't do anything till the date, but its getting close now. I would love to have a bit of advice.

 

Thanks

 

Alf

[Deller]

Hi All

 

I mcol'd NatWest in October, they have acknowledged, and have till 20th

November to put in a defence, I still haven't heard anything yet, is this normal. I appreciate that i can't do anything till the date, but its getting close now. I would love to have a bit of advice.

 

Thanks

 

Alf

 

Nat West to tend to file their defence right at the last minute, so don't worry you have a few days yet before your next course of action.

[alf]

Morning All

 

Just checked MCOL, today is D-Day, still nothing moving, shall I check again in the morning, which would be the date after they should have put in a defence? Should I give them time (1-2 Days) to put in a defence, should I file Default, which if they were taking me to court, they would do no questions at all. What should I do?

 

Thankyou

Alf

[Deller]

It would probably be best to allow them another day before filing judgement, if they do get their defence in last minute the judgement would be overturned anyhow.

[gizmo111]

They have till 4pm today to get defence in and as Dellar says if you get judgement then they will apply for set aside which will take even longer.

[alf]

Oh for Gods Sake

They have filed a defence on D-Day(20th Nov).Buggers.

anyways it is as follows

 

1. this defence is filed & served without pred to the right of the Def to apply for summary judgement in respect of and/or to strike out the Particulars of Claim.

2.Without pred to the non-admission set out in the foregoing paragraph, is & to the extent that the claimant proves the allegation that the def debited charges to his bank acc, insofar as such charges were debited on a date or dates more than six years prior to the issue of this claim, any remedy in respect of the same, whether damages, restitution or otherwise, is barred by the opertion of the Limitation Act 1980 and/or doctrine of laches and the Def will apply to strike out this aspect of the claim and/or for summary judgement.

3. The Defendant is embarrassed by the lack particularity pleaded in the POC :o to the extent that the POC fail to disclose reasonable grounds for bringing a claim against the DEF. In particular:

3.1 The POC set out no facts indicating what the claim is about are incoherent & do not disclose any legallt recognisable claim against the Def.

4.The Def invited the Claimant to remedy the above:???: . In the event that the Claimant fails to do so within 14 days of the services of the Defence then the Def will apply to the court for an order striking out the POC.

5.The Def reserves the right to plead futher to the POC once and if the Claimant properly particularies the same. In the meantime, it is denied that the Claimant is entitled to the relief or any relief whether as pleaded or at all.

signed

Lynsey Clare Burgoyne

Cobbetts LLP

 

Ok then this is it, I have spoke to a Hag who has assured me this is standard, i must admit i did feel like crying when i read it properly(the defence)& pulling my hair out. So i awaiting my AQ now and then i shall talk again with Hag, who will assist me with filling in the AQ, and forwarding a letter to Cobbetts.

 

Hopefully i won't be completely bald by the time of the court date, lol.

Thanks to all

 

Alf

x

[gizmo111]

Oh for Gods Sake

They have filed a defence on D-Day(20th Nov).Buggers.

anyways it is as follows

 

1. this defence is filed & served without pred to the right of the Def to apply for summary judgement in respect of and/or to strike out the Particulars of Claim.

2.Without pred to the non-admission set out in the foregoing paragraph, is & to the extent that the claimant proves the allegation that the def debited charges to his bank acc, insofar as such charges were debited on a date or dates more than six years prior to the issue of this claim, any remedy in respect of the same, whether damages, restitution or otherwise, is barred by the opertion of the Limitation Act 1980 and/or doctrine of laches and the Def will apply to strike out this aspect of the claim and/or for summary judgement.

3. The Defendant is embarrassed by the lack particularity pleaded in the POC :o to the extent that the POC fail to disclose reasonable grounds for bringing a claim against the DEF. In particular:

3.1 The POC set out no facts indicating what the claim is about are incoherent & do not disclose any legallt recognisable claim against the Def.

4.The Def invited the Claimant to remedy the above:???: . In the event that the Claimant fails to do so within 14 days of the services of the Defence then the Def will apply to the court for an order striking out the POC.

5.The Def reserves the right to plead futher to the POC once and if the Claimant properly particularies the same. In the meantime, it is denied that the Claimant is entitled to the relief or any relief whether as pleaded or at all.

signed

Lynsey Clare Burgoyne

Cobbetts LLP

 

Ok then this is it, I have spoke to a Hag who has assured me this is standard, i must admit i did feel like crying when i read it properly(the defence)& pulling my hair out. So i awaiting my AQ now and then i shall talk again with Hag, who will assist me with filling in the AQ, and forwarding a letter to Cobbetts.

 

Hopefully i won't be completely bald by the time of the court date, lol.

Thanks to all

 

Alf

x

 

Alf can you post the exact particulars of claim that you used as Cobbetts don't use embarassed in every defence - just some that may be lacking some vital little thing - just to make sure.

[alf]

right, i've rec'd the AQ today N149. Looked at Jonni2bad thread to fill it in.

I shall attatch a copy of a letter which was given to me from a Mod, also sending a copy to Cobbetts (the letter i mean not the AQ), this letter is a response to their defence, when they said that my POC were embarrasing(cheek of it), and it lacked detail(like they don't know why i'm taking them to court, cheeky beggers).

The AQ has to be in Chester Crown Court by 10/12/06, so i have a bit of time to get it right.

Hopefully it will all end soon, saying that it hasn't took long to get to this stage really!, and i think i am secretly enjoying it all.

 

Thanks to all the people that are givning me advice, it is really appreciated. xxx

 

Alf

[bigmama59]

It sounds like you're on exactly the same timetable as me, my AQ has got to be back by 10th December as well. It will be interesting to see who hears anything first. I have sent back an acknowledgent letter to Cobbetts yesterday.