Big Fight With NAT WEST ***WON***

[badger1]

I've been doing some serious reading through this site before starting my own claim. Do they always pan out like this as it seems awfully stressfull.

[Michael Browne]

Not if you research everything thoroughly, don't rush and follow the guidelines and templates.

[Deller]

Hi there badger1, like Michael says do your research and you'll be fine. If you've read my thread you'll notice I brought the stress on myself by rushing in to it, I'm suffering a bit now but with all the help I've been getting from the mods and other users I'm sure I'll get through it in the end!!!

[Guest screwloose]

You've had a busy few days deller, I see their defence is in and your now starting another waiting game.

 

Compared to other people's claims you seem to be nearing the end, though I suppose it depends on what obstacle (if any) they throw in your way next!!

 

HANG IN THERE!!

[Deller]

Got home today and found the Allocation Questionnaire had arrived. I've checked through the templates and other threads regarding completing this but could still do with someone checking it over for me, I don't want to be making any more mistakes at this stage.

 

Q1. Settlement ticked No

Q2. Location of hearing ticked No

Q3. Track ticked Yes

Q4. Witnesses put 0

Q5. Experts ticked No

Q6. Hearing ticked No

Q7. Other information I have stated "I believe the case will last no longer than 1 hour."

 

I think I've done it right up to here but still a couple of questions. Firstly, for question 7 (other information), should I attach a copy of my revised POC which I sent to Cobbetts, the poc the court have is the one I ballsed up (see earlier post), or should I leave this until asked to supply it.

 

My other query is regarding the fee, who should the cheque be made payable to, I noticed in some other threads that cheques were being returned for not being filled out correctly but can't find the posts now.

 

Is this fee claimable, if so do I need to adjust my claim total in any way?

 

Lastly, I have until 22nd Nov to return my AQ, is it advisable to do it straight away or leave it closer to the deadline. I've noticed people are taking different approaches on this and I'm not sure whats best.

 

 

Any help and advice on the above would be greatly appreciated!!

[gizmo111]

Did it come from Bristol CC?

I would send copies of everything that they haven't got.

I made cheques out to Bristol County Court and it was accepted fine - and a few others.

And it is up to you but the sooner it goes it the quicker Cobbetts get their copy (you need to send them one) and realise you are serious - downside is you have to fork out anotehr £100.

Hopefully they will pay up soon.

[alanfromderby]

The fee is automatically added by the court - so you have no need to worry about that.

 

You may also wish to add this into "Other information":

 

 

"I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation."

[Michael Browne]

You could argue for Standard Disclosure:

 

I am respectfully requesting that my claim be allocated to the small claims track.

 

This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

 

 

Yes to revised POC + schedule

 

Cheque to HM Courts Service

 

Fee will be added automatically to your claim

 

Up to you when you send it

 

Send copy of your AQ to Cobbetts

[Deller]

Evening gizmo :grin:

 

No, the AQ was sent from Northampton, along with the Notice Of Transfer Of Proceedings.

 

When you say Cobbetts need a copy of my AQ, do I send them a photo copy (I only have 1 form), or will Cobbetts automatically get a copy once I've submitted my form?

[alanfromderby]

Evening gizmo :grin:

 

No, the AQ was sent from Northampton, along with the Notice Of Transfer Of Proceedings.

 

When you say Cobbetts need a copy of my AQ, do I send them a photo copy (I only have 1 form), or will Cobbetts automatically get a copy once I've submitted my form?

 

In which case be sure to state in the Location box that you want the hearing to be in your local court - better safe than sorry.

 

I would send Cobbetts a copy as it may make them throw in the towel - however, it is not a legal requirement that you do so. If you don't, Cobbetts would only get a copy from the court if they request one.

[Deller]

Thanks Alan and Michael, you both seemed to replying the same response (word for word) at the same time. You've both been so helpful in me persuing this claim, and so have many others, don't know where I'd be without this site, a definate donation will be on its way when Nat West pay up!!

[Deller]

When I send copy of AQ to Cobbetts should I send them another copy of schedule and revised POC telling them the court have received these documents also?

 

Also, how come I didn't receive CPR 18 - not that I want one, its just that everyone else seems to be getting this and I'm not sure why I hav'nt.

[Michael Browne]

When I send copy of AQ to Cobbetts should I send them another copy of schedule and revised POC telling them the court have received these documents also?.

Yes send them a copy of everything you're sending to the court

 

Also, how come I didn't receive CPR 18 - not that I want one, its just that everyone else seems to be getting this and I'm not sure why I hav'nt.

 

Haven't you got enough to occupy youself with!!!

[gizmo111]

Originally Posted by deller1

Also, how come I didn't receive CPR 18 - not that I want one, its just that everyone else seems to be getting this and I'm not sure why I hav'nt.

Cos Cobbetts are now tryong to scare people into thinking that they will strike out claim at a CMC - I had exactly the same defence as you on my 2nd claim. 1st claim had the CPR request in it. Don't worry you know what to do, and how to counter their arguments. Soo nyou wil lhave your cheque.

[Shelty]

Hi Della, won't be long now, my cheque was raised by them 2 days after I returned my AQ, although it took them another 5 days to send it !:grin:

[Deller]

Hi Della, won't be long now, my cheque was raised by them 2 days after I returned my AQ, although it took them another 5 days to send it !:grin:

 

Lets hope they issue me a cheque as quickly. I'm going to try to get my AQ in today.

[fryster]

Hi Deller,

I'm getting my AQ in today also, will be interesting to see who gets their money first!!! My POC was different to yours, so fortunately less of a 'panic' with my case! I have recieved the CPR request with my copy of their defence, so the standard reply will be sent today with a copy of the AQ I'm taking back. Good Luck!

[Deller]

Dosn't look like I'm getting my car back this week so not going to be able to get the court to hand deliver my AQ, will have to post it recorded delivery, hopefully it wont get lost!!!

[gizmo111]

Dosn't look like I'm getting my car back this week so not going to be able to get the court to hand deliver my AQ, will have to post it recorded delivery, hopefully it wont get lost!!!

 

I posted all mine and they got there ok - although not recorded to court - I just checked after a week or so and chq had been cashed.

[Deller]

Just got back the post office an my AQ is on its way, I'll be keeping a close eye on the Royal Mail website to check its been delivered and also to check the POD. I'll have to see when the cheque gets cashed also.

 

When are Cobbetts likely to get their AQ in, do they tend to leave it until the last minute or will they return theirs now they know mine is in?

 

Cobbetts are aware of my AQ being returned as I faxed them a copy yesterday and phoned to make sure they had received it.

 

Any ideas on the above??

[gizmo111]

They seem to send it in on the deadline - but others have had their money just by sending a copy to Cobbetts of theirs. You're just playing a waiting game now.

[Deller]

I asume the deadline for Cobbetts to get their AQ in to the court will be the same date as mine, which means they have until 22nd November to submit theirs. Not too long to wait I suppose, that is if my dates are correct.

 

Lets hope they pay up before!!

[gizmo111]

I asume the deadline for Cobbetts to get their AQ in to the court will be the same date as mine, which means they have until 22nd November to submit theirs. Not too long to wait I suppose, that is if my dates are correct.

 

Lets hope they pay up before!!

 

Yep it is the same date.

[Deller]

Cheers for that Giz,:grin:

 

One thing I've just realised, when Cobbetts sent me their defence, in the cover letter they've requested acknowledgement of receipt, something I havn't done. Is this important? They do have a copy of my AQ so surely they know I've seen their defence.

[gizmo111]

Cheers for that Giz,:grin:

 

One thing I've just realised, when Cobbetts sent me their defence, in the cover letter they've requested acknowledgement of receipt, something I havn't done. Is this important? They do have a copy of my AQ so surely they know I've seen their defence.

 

Yeah I would have thought so - not important in my eyes just courtesy for the idiots. They try to make it seem like it is important but it is not and judging by the letter I had from the idiots today nor are they.