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

[Michael Browne]

yes, it's fine. the MI issue is pretty well dead in the water anyway

[Deller]

I skipped the SAR stage too seeing as though I had all my statements, it doesn't seem to have caused my claim any problems so far.

[Guest screwloose]

Great! I was starting to get a bit worried there!!

[Deller]

God they string this out don't they, its over three weeks now since I filed my claim with MCOL and havn't heard a peep from them.

I can't understand why they don't just pay up earlier and save Mr Higley a hell of a lot of ink and paper. His desk must be swamped in claims!! HEE! HEE!

[Guest screwloose]

From what I've been reading they seem to be dragging it on a bit for a lot people and really running to the deadlines, but HEY, I'm in it for the long haul!!

 

You don't seem too far off now!

[Deller]

Just popped home to check the post....still nothing, I know they've still got a week to get their defence in but I'm so impatient!!!

 

HURRY UP COBBETTS!!!!

[GRAZEL]

I too have been in contact with the now legedary Higley.

 

After prelim was fobbed off I sent LBA, he replied he couldn't add anything more constructive and had alerted his lawyers, thanking me for advising of my intentions.

 

Send online claim today and have claim number, looks like I'll be waiting about a month then!

 

ZZZZZZ

[Deller]

Hi Grazel, you're not too far behind me then, Oh and trust me they'll make you wait!! :x

[Guest screwloose]

Hello there deller, I too havn't had any news yet, its a long old waiting game aint it!!

 

Will keep you informed of any progress!;-)

[Deller]

Long! Its starting to feel like forever!!

[ataction]

Lodged my MCOL today, £3300 plus interest. Interesting to see how the next few weeks are likely to pan out. Quite alot of inactivity.......

[knightreplica]

well they only have to the 7th to answer if they will defend my claim

[Deller]

There seems to be lot of us at the same stage, and looks like we're all being pushed to the wire!!

[Deller]

Well still nothing from Cobbetts, they've only got a week left to get their defence in or I'll be entering judgement. Whats the bet they get their defence in right at the last minute, that seems to be the norm at the moment!!

[Deller]

I'm getting a bit worried the closer the deadline for their defence gets. When I submitted my claim with MCOL I was a little hasty and don't think I gave enough detail, I have since forwarded a copy of my schedule to MCOL, Cobbetts and Nat West asking them all to attach that copy to my claim. Now after some heavy reading through other peoples threads I'm still a little concerned that this might not be enough.

Would it be OK to post (to MCOL and Cobbetts) an amended copy of my 'Particulars of Claim' and ask them to attach it to my file?

If so, will this have any affect on my claim with regards to timescales, deadlines or costs?

 

Help would be much appreciated!!

[caro]

If you want to amend your claim you will need to complete an N244 form and send it to the Court to request amendment at a cost of £35.00 and then the court will decide whether or not to accept the amendment.

 

As long as you had the legal justification for your claim, along with the account details and schedule of charges, I don't think you need worry. Can you put your POC on your thread so we can see if you have reason to worry or not.

[Deller]

Particulars of my claim were:

 

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 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 £xxx.

 

I have since forwarded a copy of my schedule which does state my account number, and you may have noticed I havn't included the daily rate in my claim as at the time of submitting I was unable to work it out, I was also unaware of the template for the POC.

[caro]

You are right to be concerned. You have not stated the legal basis for your claim. You need to amend it and I suggest you do it along the lines of the POC in the bank templates library.

[Deller]

Now I'm even more confused, have just phoned the help desk at MCOL regarding making an amendmant on my POC and the guy said that it would not be a problem but would mean starting the claim procedure again. He then asked if I really needed to change it as all the info seemed to be there and that my schedule had been attached to my claim which showed my account details. I explained to him that I was a bit hasty and that I didn't think the wording of my POC covered the legal basis of my claim. He said that it shouldn't be a problem as when my claim went to court I could show all details regarding my claim then.

 

Help, what now??? :confused:

[Deller]

Any help with previous!!

 

PLEASE!!!

[jonni2bad]

Strictly speaking, I suppose, you would not need to amend the claim until such a point as either the Judge or the Defendant made an issue of it.

 

It is possible, however, to pre-empt this scenario and amend it now - Caro is correct above in detailing the form etc....

[alanfromderby]

There may be a way round this.

 

Almost certainly NatWest will put in a defence which would probably suggest that your claim has no merit - they may even ask the court to strike out your claim. Although there is equally a chance they won't notice, and just file the same standard defence they have been using for all the recent claims.

 

However, as soon as they file their defence, you are entitled to issue a "Response to the Defence". This would be sent to the court, and to the defendant. In that you can include all the necessary legal background to your claim, and argue against any attempt to go for a strike-out.

 

The CPR does provide a means for claims to be struck out where, "the statement of case discloses no reasonable grounds for bringing or defending the claim". However, your claim does state that the charges "are unlawful at Common Law, Statute and recent consumer regulations". Even though you have not given the exact legislation, this should be enough to keep your claim alive.

 

Please remember though, that this is just my opinion.

[Deller]

Thanks for all the advice guys, and your comments (Alan) have put my mind at ease a little. After taking on board all of your advice and some serious reading through other threads I thought it might be a good idea to fax an updated copy of my particulars to Cobbetts along with another copy of my schedule, (I noticed Martin advised this in someone elses thread), this can then be attached to my claim and hopefully resolve the matter.

 

If this fails then there is the option ( as Alan suggested) to issue a response to the defence, and like you say I have hopefully put just enough to keep the claim alive.

 

Fingures crossed all will be well.

 

Big thanks again. ;-) ;-) ;-)

[marieclaire]

oh no. i have been reading threads on these pages now for some time, never feeling the need to ask for advice. but here i am. i have two claims going on at the moment, one for myself, and one i am overseeing on behalf of my fiance. mine is with barclays and his with natwest. the thing is, they have both been sent off to court now and both claims have been acknowledged. i filled out mine first (rather hastily) with "claiming the bank charges levied against my account over the last six years. this is unlawful at common law and unfair as set by the OFT. This includes £1020 of bank charges and £236.27 of interest as a direct result of these charges" i realised this was probably too hasty when i filled out the next one and put (quoting the template letter) "claiming bank charges levied from my account over the past three years......unlawful at common law......OFT who reported on 5th april 2006......" then i go on to give dates from and to and the total amount. now i have read this thread and i am sorry to infringe on your thread with my problems but now i feel like i have done it wrong too! i havent heard anything apart from that the two have been acknowledged, and intend to make a defence. could they throw mine out for my lack of info at this stage???

[Deller]

I shouldn't worry too much, I've been stressing about it all day, but with all this helpful advice and hopefully more to come I'm very hopefull of getting through this.

 

Keep watching my thread marieclaire, I'm sure any advice I get on this matter is surely going to help you too!!