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    • PRACTICE DIRECTION 40B – JUDGMENTS AND ORDERS - Civil Procedure Rules WWW.JUSTICE.GOV.UK   You can make application without hearing to adjust the judgment amount....do not set it a side.   Andy
    • Email is fine. Confirm it with a letter. Make sure the letter refers to the email and the date of the email. Everything runs from the date of the email. Start reading up about the steps involved in taking a small claim in the County Court. It's not difficult but it's worth knowing the steps in advance. I don't think you told us the value of the car?
    • Hi. Thanks for the response.    They actually did threaten to take courtesy car back and return my car without it being repaired. This happened on November 5th. Turns out they didn't even have my car as it's with a sub contractor.    Is an email a sufficient/appropriate way to send them the information?    Thanks again. 
    • Thanks. Was the bank loan specifically for the car purchase – or was it simply a loan and you basically did what you wanted with the cash? I think what I'm asking is whether the loan was made under the consumer credit act? Five weeks is excessive. Under the Consumer Rights Act if a defect manifest itself within the first 30 days then you have the right to reject the vehicle out of hand. Unfortunately you've missed this window. If a defect manifest itself within the first six months then the dealer is entitled to a single opportunity to repair – within a reasonable period of time and if not you are entitled to reject the vehicle. Write to the dealer immediately. Assert your rights under the consumer rights act. Tell them that under the consumer rights act you are giving them a single opportunity to repair the vehicle and if they failed to do that then you are rejecting it and you want a refund. Tell them that in view of the fact that they have had the vehicle for five weeks so far, you are now giving them a further five days to complete the repair and if they are unable to do that then you are rejecting the vehicle and you want a refund within a further seven days. If you want you can make this a letter of claim in which case you give them a total of 14 days for the refund from the date of the letter or else you will issue a claim in the County Court. On the other hand, you can wait for the five days plus the seven days – 11 days and then send the letter of claim giving them 14 days. In terms of the courtesy car, I don't see any point returning it until the matter is resolved – unless they do something quite dramatic such as demanding its return and threatening you that you will cease to be insured if you hang onto it. In that case let us know.
    • There is no where in writing where it states I would pay them back when I started work but this is what Dongara said to me in person as I met the HR women in the UK when she visited and we discussed this. That's why I mentioned the option of when I sell my house so I could potentially pay them from the sale of my house when I start work as we discussed in person. If we apparently agreed $200 a week why hadn't I started paying this back straight away and why did they wait for me to say I'm not starting work untill they asked for the money. (Because we discussed I person when I started work they wanted to take $200 a week from my salary).   Also, the question has never been raised as to why I didn't start work? Maybe I should put this in my next witness statement? So I flew out to Australia and worked for Dongara for a week (all paid for by myself) the health and safety were non existent and I worked with no safety wear (boots or mask bare in mind this were fibreglass) I were told climb on top of boat roofs with no harness and just a step ladder that wasn't attached to anything. The manager didn't once come to see me and see how I were getting on for the full week so I didn't feel welcome at all. The job was not carbon fibre which I were told and it was fibreglass. It was mostly wood work which wasnt my skillset so I were kind of worried this wasn't the job for me, so I asked a couple of the employees who were not Australian residents and they told me of you couldn't do the job when I arrived in Australia that the manager would shout at me and dock my wage like he had with them in the past and they adviced me to not leave my job in the UK for the one in Australia. This were a big shock to me and they were no way I was going to sell up and take my family of 3 children to the other side of the world for a job opportunity like this. So when I arrived back to the UK I emailed  Dongara telling them about my decision to not follow the job opportunity through. 
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Big Fight With NAT WEST ***WON***


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:o Thought I'd share my story with you all, I feel as though its going extremely well.

 

It all started back in August when I heard this bizzare idea that you could claim back all your bank charges for the last six years. So promptly coming to the CAG site I began to spend many hours reading through many story's and started thinking....hey this actually works.

 

I was able to jump straight to the preliminary letter stage having kept all my bank statements for some strange reason, (now I know why).

So after entering all my details into the spreadsheet this was sent to the bank along with letter claiming £2643 (not including interest).

 

The action had begun!!!

 

I was rather suprised to receive a phone call from my bank several days later acknowledging my letter and to notify me that someone would be writing to me in the next couple of days.

Sure enough a couple of days later the letter arrived, basically telling me they will be looking into the matter.

 

On the 13th day of their deadline I received another letter, this time offering me the sum of £418 as a good will gesture, with no explanation as to how they arrived at this figure. Well you can guess my response......thanks but no thanks.

 

 

So on with the LBA, this was posted quickly and I bagan eagerly awaiting its response.

 

Again they left it right to the deadline limit before they responded but this time stating that they were very sorry that I was unhappy with their offer of £228 (I think they might find that they offered me £418 first time), but having reviewed my file they would now like to offer £1520 in full and final settlement (again now explanation as to how they had arrived at this figure).

This was tempting, but I thought what the hell I've come this far I might as well go all the way so my claim was filed and there was no backing out now (total claim now at £4151.83 including all interest and fees).

 

My claim was acknowledged a couple of days later and I am now waiting for the next step, whatever that might be, 28 days to wait me thinks.

 

Would appreciate any useful advice about what happens at this stage, and how far Nat West claims usually go. Having come this far I really don't want to mess it up now with one silly mistake.

 

I've even brought the 'Small Claims Procedure' book in case it goes that far.......Hopefully it wont as I wouldn't have a clue what to say.

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IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Hi Deller,

Good luck with this, I've just reached the end of my 28 days and requested judgement by default as Cobbetts haven't put a defence in yet. Its most likely they will put a late one in and then we'll go to the AQ, allocation questionnaire stage, its comforting to see the continued successes like Plutos, keep in there

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NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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So if you request judgement by default does this mean you automatically win the full settlement, or are the swines able to drag it out a bit longer?:confused: :confused:

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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So if you request judgement by default does this mean you automatically win the full settlement, or are the swines able to drag it out a bit longer?:confused: :confused:

 

You should win the full amount, however they can apply for a set aside.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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When I got home there was the letter from Cobbetts, with CPR18 and defence, this will further delay, but its standard practise. They put as many obstacles in your way as possible but it just delays the inevitable...victory

NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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:) The 28 day deadline is fast approaching so fingures crossed, a nice fat cheque in time for Xmas!!!

 

I'll be ploughing through any obstacles they stick in my way!!!

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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:confused: :confused: Just realised that I didn't include my account number on my claim form....will this be a problem even though Cobbetts have filed an acknowledgement of service.

 

I do hope I hav'nt ballsed it up at this stage!!!

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Any helpers please regarding my querie in previous thread??

 

Getting ever so worried now that I've made a huge mistake.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Deller, I was hoping someone else would answer, cos I'm not sure, you could phone the court, I would think they could sort it out

NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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I've sent a message to jonni2bad, hopefully he can help, he seems to know all about this part of the claim.

 

If I don't get any luck I'll have to contact the court like you say......thanks for that baldrick.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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:confused: I have submitted my claim with MCOL and the claim has been acknowledged, but now having read through other forums I think I might have rushed in to it and filled it out wrong.

In the box for particulars I wrote,

 

"I am claiming back all bank charges paid on my account for the past six years as I now understand that the regime of fees which have been applied to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations.

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 18th September 2000 to 1st October 2006 of £...."

 

I was also unable to attach a copy of my schedule although this has been sent to the bank with the first two letters.

 

As I said previously my claim has been acknowledged by Cobbetts and the 28 day deadline is fast approaching (4th Nov I think).

 

WHAT SHOULD I DO?????

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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You might just be lucky, but we will know once you receive a defence from NatWest.

 

If it draws attention to your particulars then we will have to make an amendment - or withdraw and start again.

 

You should make a further copy of the charges spreadsheet and send it to them asap.

 

I'm afraid it really does highlight the need to be fully aware of the process you are getting into and amking sure you have read and understood the FAQs and the case management threads.

 

BankFodder is very sick

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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When you say I should send another copy of the charges spreadsheet, where should I send it and which spreadsheet, The Charges and Interest one, the 8% Interest one, or both??

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Not really sure why you would have 2... ???

 

Your list of charges - if you used one of the spreadsheets from this site - will have O/D interest, if being claimed, plus the 8% interest automatically added.

 

That's what you need to send - if explains to the bank what you are claiming for and for how much.

 

Send it to the bank at the address you used in your claim.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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I used the advanced Excel spreadsheet from the templates and it definately had two different pages, the first page showed the charges and the overdraft interest and the second page calculated the 8%. I was just wondering whether I should send both pages or just the one caculating the 8%?

 

Also should I send some sort of cover letter with it and if so stating what?

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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I will gladly be donating to this site, everyone is so helpful.

 

Where would we be without all these volunteers helping us all to beat our banks!!!

 

:smile: :smile: :smile:

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Just been reading through some other forums and noticed that some people are sending a copy of their schedule to Cobbetts, will this help avoid their delaying tactics and would it help my case seeing as though I don't seem to have filled my claims form in right?

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Hi, I'm at the stage with NatWest where they've offered me a part settlement (again no explanation where this figure came from). I declined this offer and recently received a reply saying there is nothing more they can offer me and this is their final offer.

Do I now send them an LBA?

 

Help, I really want to take them on, but am a bit waqry it will end up costing me!!

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It depends whether or not the 14 days have passed from the date you sent your first letter, if they have then on with your LBA.

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IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Send both parts - if you are claiming something from the bank you need to show them all the information that relates to it.

 

Unless you have been contacted by Cobbetts directly, you are still dealing with the bank. In which case, send it to them, marked clearly as being part of your Court claim number XX12345

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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I havn't had any direct contact with Cobbetts but on the Acknowledgement of Service it has Cobbetts address in the box which states 'Address to which documents about this claim should be sent (including reference if appropriate)'.

 

Does this not mean I should send it there?

 

Perhaps I should send it to the bank and Cobbetts to be on the safe side!

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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I've decided I'm going to send a copy of my schedule to Nat West (135 Bishopsgate), Cobbetts (Manchester) and also to MCOL (Northampton), all with covering letter asking them to attach this document to my claim, stating claim reference.

 

This way I feel as though I've covered all angles and hopefully there will be no stalling factors on their front.

 

 

Would this be a suitable thing to do or not????

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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I did that and still got CPR18 request from Cobbetts

NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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Yes they will send their usual 6 pages of defence and requests for more information.

 

Refere to this link here below.

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html

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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I'm worried my claim might get struck out due to lack of information under the particulars I filed. Just need a bit of HELP in resolving this matter.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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