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    • Whatever you can afford...either would suffice....as long as you have proof of delivery.Better still if you can also get an email and duplicate service.   If they refused delivery you would have notification and evidence of refusal...so winner winner chicken dinner 
    • Received court claim form papers this morning.  Issue date is 19th June.   Can anyone advise on what to do Re completing these as  I want to defend.    
    • best to create a topic of your own please this one is for advising SSwales. click create in the top red banner   dx  
    • There is a caveat. Within the first 6 months the assumption of a fault at time of selling means that it is for the seller to disprove.   This can be through showing, possibly as in the case of engine 'blowing up' in this thread, that due attention by the purchaser has not been  paid to such things as the oil and water levels, all other adjustments have been maintained, any due servicing has been carried out, etc.   There is actually no doubt that if you buy a vehicle and the engine blows up within three months then it is not of satisfactory quality. Because it has happened within three months and the six-month rule applies and that means that she is entitled to have a repair and if the repair fails then a refund or a replacement at her option   We have not been given details of make, model,  age, mileage on purchase, miles covered by OP and servicing history. It is for these reasons that I find the above post questionable.
    • Thank you, I will have a think about where we go from here & if I do decide to progress with a claim with an initial letter, if I can pass it through you to check, I would be very grateful.  Thank you so much again for your assistance to date
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      • 14 replies
MARTIN3030

Cobbetts Cpr part 18 request/CPR part 16.4.1

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4328 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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Thank you

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Sorry to post a general question in here, but I would like to pre-empt cobblers saying that I have not correctly particularised my claim blah blah blah. I'm wondering if the courts would frown upon it if I sent a fax, or even went to their offices, and handed them copies of all the enclosures that the court had sent with the N1 form. I'm fully prepared to get in my car and drive up there if necessary! Would it jeopardise the claim? Any comments appreciated and sorry again for posting a general question in here.

J


NatWest

 

Statements sent for - 18/09/06

Statements received (in full!) - 03/10/06

Initial letter of claim sent - 05/10/06

Offer received for £1,400 approx - 21/10/06

LBA sent with acceptance of offer as part, will pursue for the rest - 21/10/06

Reply to LBA received (forwarding to Cust. Rel to deal with) - 25/10/06

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They will probably send you the same paperwork ANYWAY - they seem to be particularly unimaginative.

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You are dealing directly with them since you have no solicitor.

It would do no harm .....but I would also let the court have copies of anything that you hand over.

We know the court already has all this.........as Indeed does Cobblers:rolleyes:


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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remember its the court who are effectively sending out thepaper when they issue to Natwest, so in a round about way, they are claiming the courts are not doing their jobs.

 

Im tempted to contact my local court and say "had defence of cobblers and they are claiming that you havent sent my particulars of claims to them, can you clarify for me?"

 

I wonder how the courts would feel if they knew cobblers were implying this continually, they may even take action?

 

Martin -- if RBS clients are doing a compliant, do you know who is heading it so maybe I could work with them in drafting the letter?


Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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the letter they send saying that it is lacking particulars and thier client is embarressed is a load of **** its a scare tactic did it to me and i bricked it for days , copy and paste the particulars into a letter and send it again also send one to you court and tell them that you fell this is a stalling and scare tactic I DID:D . Does anyone know if NatWest close every account after every claim .

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Its not something that I am aware of.

In the July Banking code bulletin the Banks were reminded that they should make serious considerations before closing accounts on the strength of the claims alone.

That said,if they are adamant it is somthing they can look at in other areas.

Most of the banks warn against further account mismanagement saying they reserve the rights to serve termination notice should future instances occur.

This is mandatory for Halifax customers.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks Tom, I have since called the courts and advised that I feel they are trying to intimidate me and using this as a scare tactic. The clerk stated that this is not the first time this has happened and I should put the details in a letter and they will put it in my file for reference. Also called Cobbetts back advsing that I will not sending any further corresepondence and advised that I have informed courts of there tactics to delay/scare me from progressing with this claim.

 

So now just more waiting....!!

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Hey guys

 

After sending out my 2 AQ's (one for business and the other for personal - only the personal had a cpr18), I got a final settlement 'offer of goodwill' payment letter. This equates to approx 50% of the final claim (inc interest).

 

What should I do? It came with a letter from the court giving a hearing date. Should I ignore it or reply with a letter saying that I will accept it only as a part payment?

 

Thanks


14th June 06 - Request of Charges sent to NatWest

22nd July 06 - Approach for Repayment sent, £5,279.00 claimed for business account & £3,927.00 for personal account)

28th July 06 - Acknowledgement letter received

4th Aug 06 - Offer of Goodwill payment received 2006 (£1,050.00) - Personal account.

17th Aug 06 - Offer of Goodwill payment received (£918.00) - Business account.

17th Aug 06 - LBA (both accounts) sent (not accepting either offers)

23rd Aug 06 - Recieved letter from famous Mr Higley telling me where to go.

5th Sept 06 - MCOL Submitted - for Personal (£4,422.56 inc interest)

8th Sept 06 - N1 (hard copy claim) submitted - for Business

13th Oct 06 - AQ sent (business)

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Yes send them a letter of rejection stating that it falls well short of the amount being claimed.

No need to inform the Court as the offer is without pred anyway.

 

Next step will involve Cobblers telling the bank that you have declined its then on their instructions that they will offer the full and final.

There seems no pattern to this as some have been sorted 10 days after the 50% offer whilsty others have waited up to a month......and some even still waiting...which is really all that you can do now !!


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Cheers for that Martin3030, yor advice is always helpful and to the point. Keep up the good work!


14th June 06 - Request of Charges sent to NatWest

22nd July 06 - Approach for Repayment sent, £5,279.00 claimed for business account & £3,927.00 for personal account)

28th July 06 - Acknowledgement letter received

4th Aug 06 - Offer of Goodwill payment received 2006 (£1,050.00) - Personal account.

17th Aug 06 - Offer of Goodwill payment received (£918.00) - Business account.

17th Aug 06 - LBA (both accounts) sent (not accepting either offers)

23rd Aug 06 - Recieved letter from famous Mr Higley telling me where to go.

5th Sept 06 - MCOL Submitted - for Personal (£4,422.56 inc interest)

8th Sept 06 - N1 (hard copy claim) submitted - for Business

13th Oct 06 - AQ sent (business)

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Just quickly.....

 

On their final offer letter they go on to say at the end:

 

'Whilst this letter is written without prejudice save as to costs, in the event that you decline this offer, we will drawthis letter to the courts attention on the basis that we hold the firm view that this offer is entirely reasonable in the circumstances. This offer will remain open for 7 days until xx/xx/xx'.

 

I dont like the fact that they will draw the letter offer to the courts attention, so I thought I would reply with the following - what do you think?

 

Response to settlement offer.

 

Dear Sirs

Thank you for your letter dated xx/xx/xx

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £x,xxx.xx

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with the current County Court claim if necessary (hearing date confirmed).

 

Although you have deemed that this offer is reasonable, I will bring to the courts attention that this is not the case as at no point has the defendant justified their charges to the account. Consequently without such justification, the charges are therefore unlawful and only a full refund is acceptable.

I trust this clarifies my position.

 

 

Yours faithfully

 

Can I quote the unlawful bit? Thanks for any replies.


14th June 06 - Request of Charges sent to NatWest

22nd July 06 - Approach for Repayment sent, £5,279.00 claimed for business account & £3,927.00 for personal account)

28th July 06 - Acknowledgement letter received

4th Aug 06 - Offer of Goodwill payment received 2006 (£1,050.00) - Personal account.

17th Aug 06 - Offer of Goodwill payment received (£918.00) - Business account.

17th Aug 06 - LBA (both accounts) sent (not accepting either offers)

23rd Aug 06 - Recieved letter from famous Mr Higley telling me where to go.

5th Sept 06 - MCOL Submitted - for Personal (£4,422.56 inc interest)

8th Sept 06 - N1 (hard copy claim) submitted - for Business

13th Oct 06 - AQ sent (business)

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Yes you should take out "Therefore" as they are ulawful regardless of anything they do or do not do.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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THANKS FOR GETTING BACK TOME SO SOON MARTIN3030! I appreciate the time you have taken to respond.


14th June 06 - Request of Charges sent to NatWest

22nd July 06 - Approach for Repayment sent, £5,279.00 claimed for business account & £3,927.00 for personal account)

28th July 06 - Acknowledgement letter received

4th Aug 06 - Offer of Goodwill payment received 2006 (£1,050.00) - Personal account.

17th Aug 06 - Offer of Goodwill payment received (£918.00) - Business account.

17th Aug 06 - LBA (both accounts) sent (not accepting either offers)

23rd Aug 06 - Recieved letter from famous Mr Higley telling me where to go.

5th Sept 06 - MCOL Submitted - for Personal (£4,422.56 inc interest)

8th Sept 06 - N1 (hard copy claim) submitted - for Business

13th Oct 06 - AQ sent (business)

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Martin........ Im sorry.......but I have to ask.......

 

What on earth have you got on your head?

 

It been bugging me for weeks!!!


Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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Ha Ha I will explain......I married a Russian girl (now not here )....so went over there a few times.One of her relations is top brass in the Military so after a few Vodkas one night we had a session on the Karaoke.I got most votes and instead of winning the rubles I asked for the hat !!

He duly obliged.

Its something they did not forget......on subsequent trips there after this I was being given more....the last one by an 18 year old lad on the train from Moscow to Stavropol (all russian teenagers have to do a 2 year stint in the army )

I now have 5 of these ....all different.

My favourite is of course the Fur Cossack ....I have a blue one as worn by the Police in Moscow.....complete with Badges.

A real party piece

If you ever get chance to go there then you should.......its one of the most interesting countries in the world and the Russian people adore the English !


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Ahh but being welsh we are adored all ove rthe world!!!!

 

I always thought it was ahard hat with a visor on it, coupled with your vest, I thought you were doing a Handy Andy impression!!!

 

I really need to step aside vanity and were my specs now and agin eh!!!!

 

Well thank god thats cleared up then I can sleep beta at nite!!!


Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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Ha HA Kay you coming to our do?

 

Check out our thread - we get told off if we hog this one!!!

 

Ihttp://www.consumeractiongroup.co.uk/forum/bear-garden/39009-unofficial-cag-welsh-xmas.html


Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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cheers Micheal. I did PM her. But was puttin the boglins down so have been away for an hour or so!!!


Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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All,

Having sent back my allocation questionnaire and having responded to Cobbetts request for further information, I today received an allocation questionnaire from Nat West asking for my claim to be struck out due to not having presented them with the aforementioned "further information".

They responded, as is their norm, on the very last day that they could.

What is the chance then of their being successful in their striking out of my claim. I have not been able to find any reference to this happening in other cases so would appreciate any reassurance you may be able to offer.

 

Yours

 

Richibax

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Very little, as CPR Pt 18 does not apply to the Small Claims track, and if you HAVE provided them with all the information they need then even less chance.

 

I would write to the court with a strong rebuttal of Cobbetts' request and so on just to make sure that they do not succeed somehow.

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i posted back my AQ last week and i recieved thiers, im bricking it a bit as dont know what happens from here on , should i just sit tight:confused:

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Sit tight. Don't panic. Before I'd even returned the AQ I got an offer of approx half of what they owe me in almost the next post which I have today said I'd accept as a part payment. You should hear something positive soon ie a "goodwill" offer. Depending on you and the amount, you can accept in part payment but continue with court proceedings to recover the full amount.

 

Keep us posted.


:eek: Gettin'evil

Got a question? - see if the answer is in the FAQs before you post!!

Subject Access Request sent 20 June

£10 cheque cashed 6 July

16 July - Statements received

£1024.07 prelim let sent special del 26/07/06

Reply from S Higley 31/07/06 (how fast was that):D

02/08/06 LBA sent to Bishopsgate with proof of delivery from PO

Acknowledgement let dated 7Aug from S Higley

Moneyclaim issued 6.09.06 £1433.94 :cool:

Acknowledgement of service rec'd by MCOL

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