Brenda/Bruce

[stan5131]

If you make alterations, this will only give them the excuse to drag on even longer. They will also see it as a weakness and find something else! It is exactly same bog standard letter that I got and you should stick it to them!

[brenda/bruce]

Thanks Stansfield

Have just copied out your letter (amending it to suit my claim).

Lets see what they try next.

Did you write to the judge about the intimadation for cobbetts

[stan5131]

Yes. I sent a letter to the courts asking them to attach it to my claim. I included a copy the letter from Cobbetts and my reply.

[brenda/bruce]

Hi all

Need advice on the following letter which i intend to hand in tomorrow to the court with my AQ. (Not really very good at this sort of thing )

 

Claimant Me

Defendant NatWest

 

Dear Sirs

 

I would like to bring to the attention of the Judge the fact that I have received a letter from the defendants solicitors Cobbetts, telling me thet my claim is unfounded and will not hold up in a court, but if i withdraw the claim they will make a goodwill payment of £4500 as long as I agree not to disclose any detail relating to this payment to a third party.

 

I feel their letter is to cause me the Claimant the utmost distress and most of all to intimidate me. They seem to be using this also as a ploy to delay proceedings and to waste both my time and more importantly the time of the court.

 

As a law firm i find their conduct to be appalling and underhand and i respectfully request that their defence be struck out.

 

Yours faithfully

 

 

Does this sound o.k

[stan5131]

Sounds good to me!

[brenda/bruce]

AQ gone in today.

Will ponder on the above letter for a few days as Westy does not think it is worth bothering as it won't make any difference.

[brenda/bruce]

Received a copy of Natwests AQ this morning.

[brenda/bruce]

Received exactly the same letter as last week from Cobbetts, they are saying they had not received an answer which of coure they have, it was sent recorded and signed for.

[Deller]

Just ignore this letter, they're just trying to make you think you've forgotten something.......typical tactics from Cobbetts!!

[brenda/bruce]

I have received this from the court. Is it standard and what do i do.

 

Upon the Courts own motion. The Court has made this order of it's own initiative without a hearing. If you object to the order, you may make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

 

1. Directions will be given in this case by the Designated Civil Judge, His Honour Judge G xxxxxxxxxx. On the 26th March at 10.30 am at Cardiff justice Centre.

 

 

2. The parties may appear in person or make written representation as to how the case should proceed provided a copy of the representation is the court and the other side at least 7 working days prior to the hearing.

[stan5131]

Sounds like a prelim hearing to me.

[brenda/bruce]

What do i need to prepare for it?

[Deller]

You don't really need to prepare anything for this as I can't honestly see the hearing actually happening. I feel they're using these prelim hearings as a scare tactic in the hope that panic will enter peoples minds and they will actually withdraw their claim.

Not going to happen I'm afraid Nat West.

I'm pretty sure you'll receive your cheque before reaching this hearing date.

[lee in wales]

thanks for the info Brenda, the only thing that is worrying me, is i haven't received anything from Cobbetts and i haven't received an AQ yet, where as everyone else seems to have had both of these. Ah well i will just keep swotting up and just prepare myself just in case Cobbetts decide to turn up, i don't want to be caught off guard. Also i found this yesterday might be some use to us, http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/36034-case-management-conference-13th.html?highlight=management+conference

there is quite a lot to take in but it may be handy to know, just in case we end up in court:). If i find anything else i will keep you informed

[nualadobson]

Cheers Lee,

In case of confusion i am using my sisters computer.

 

Brenda

[lee in wales]

Hi Brenda,don't know about you, but its all gone a bit quiet with my claim, i received my ammended POC the other day from the Courts,but stil not a peep out of Cobbetts, any joy with you??

 

Lee

[nualadobson]

Not heard anything Lee, but i do know my sister who is claiming from a different bank is also in the same court, at the same time, with the same judge as us. Now have they blocked booked because they do not think it will get that far or is the judge good at multi tasking.

[nualadobson]

Just using my sisters computer in case you were wondering about the change of name.

[lee in wales]

i'm hoping for the first option "because they don't think it will get that far" not sure but didn't Cardiff Courts do this in December, maybe they are fed up with all the time wasting by the banks

[brenda/bruce]

Hi All

Have received a cheque from Cobbetts for nearly £8000 with the usual conditions, my problem is my claim is for over £10000 but because i am desperate for money at the moment i really need to cash this. Is there any way i can cash the cheque and still try to get the rest of the money from them or am i just being greedy.

[Guest peed orf]

Poop!

Shame I didn't think of that!

As the offer was made "without predudice" I thought I wasn't allowed to tell the Court!!!!:?

They are still givin' me a hard time!

Might be worth considering if anyone else gets an offer.

[brenda/bruce]

Trouble is if i cash the check does that mean i give up all legal rights to claim the rest of the money

[brenda/bruce]

OK

Have just read a posting from Gizmo111 which makes it clear that if i cash the check i am agreeing to full and final settlement.

After much pondering i have decided that myself and Natwest have been fighting this for too long to end this loving relationship at this stage so the fight goes on.

I take it i send the cheque back with a letter saying thanks but no thanks. My next problem is the limitations act 1980 which they keep quoting to me as my claim runs for longer than 6 years is this going to be a major problem. Any advice anyone???????????

[stan5131]

Limitations should not be a problem. Lots of people have successfully claimed further back than six years. If I were you, I would ring Cobbetts and tell them you are not accepting their cheque. Might be quicker than writing.

[Guest peed orf]

Hi Brenda/Bruce

Got mine this morning, they've deducted a bit for being over 6 years, and the daily interest, approx £400. What the hell, I can't spend it if I ain't got it.

So I accect.

Best of luck with whatever you chose to do.