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

[martinpar]

I believe you said it was sent 'without prejudice'. My understanding of 'without prejudice' means that you cannot volunteer it to the judge, although he can ask to see it.

 

Therefore, you should not send it to the court. I would assume they would not allow it to go into the file anyway, so the judge cannot see it.

 

I'd be interested to know from one of the legal members on here if I am correct. If so, it is something we should all be aware of.

[martinpar]

Just found this definition of 'without prejudice':

 

The basic meaning is 'without loss of any rights'. It is a term used when two parties are in dispute, and one makes a settlement offer to the other. It puts 'without prejudice' on its offer to make it clear that the settlement offer should not be construed as a waiver of rights. Importantly, communication marked 'without prejudice' cannot be used in evidence in court proceedings if the attempts at settlement fail and the dispute comes to court.

[Deller]

Thanks for that martinpar, nice bit of research you've done there on my behalf. I will send a copy of letter to Cobbetts only and see what sort of response I get from that. Surely I'm nearing the end now??

[jonni2bad]

...I'd be interested to know from one of the legal members on here if I am correct. If so, it is something we should all be aware of.

 

You are. These papers could be shown to a Judge after a decision has been reached, but certainly not before.

 

Never put this phrase on your own letters though, there really is no need.

[Deller]

So jonni, would you say that my letter is OK then??

 

Also, how is it you work out the daily interest rate? Its Monday morning and my brains not working!!:o

[jonni2bad]

Letter is fine.

 

Daily rate of interest is the charges total x 0.00022

 

As an example only, £3000 worth of charges would be

 

3000 x 0.00022 = 66

 

This would mean 66p per day until settlement or Judgment

[Deller]

Cheers jonni, sorry for seeming a bit think but like I said it is Monday morning and my hangover isn't helping matters!!

[Guest screwloose]

I wouldn't worry about it deller, my brain wont work all week, let alone just on Monday's!! :o

 

Heavy night on a Sunday........NUTTER!!!

[Deller]

Hows this for a bit of confusion, I got home from work this evening to find another AQ in the post, I really don't understand this. My claim was filed with MCOL and once Cobbetts returned their defence my case was transferred to Bristol County Court. I was notified of this by Northampton Bulk centre along with my first AQ form, which was due to be returned to Bristol CC by 22nd November. I have completed this AQ and returned to the court via recorded delivery and it was delivered on Fri 10th, now I've received a second copy from Bristol CC stating it must be returned by 30th Nov. Firstly do I need to fill out the form again? Secondly does this now mean Cobbetts will have an extra 8 days to return their AQ?

 

Its probably confusion on the courts part, after all they are a little snowed under at the moment, but I don't really want to be giving Cobbetts another 8 days, they've had long enough to pay up as it is.

 

Has anything like this happened to anyone else? What should I do?.......if anything?

[jonni2bad]

Just confusion. There is no reason why a second would be issued in normal circumstances - perhaps best just to clarify that the court have received your AQ....

[mistatum]

Hi, I am reading thru all your help and replies to each other with regard to Natwest. I will be starting a claim to them in near future. Hope your claim is sorted and quickly. Will watch and keep everything crossed for you! What a great site.

[Deller]

Welcome to the CAG site mistatum, isn't it just fabulous, such great people and wonderful advice.

 

Once you start your claim it would probably be a good idea to start your own thread, that way you can use it as your journal where you can post your progress, questions and any problems you may incure along the way. It also makes it a lot easier to interact with other CAG members and you'll find it a lot easier to keep tabs on your position with regards to your claim.

 

Once again a big welcome and very good luck to you with your claim!!

[Deller]

Hows this for a bit of confusion, I got home from work this evening to find another AQ in the post, I really don't understand this. My claim was filed with MCOL and once Cobbetts returned their defence my case was transferred to Bristol County Court. I was notified of this by Northampton Bulk centre along with my first AQ form, which was due to be returned to Bristol CC by 22nd November. I have completed this AQ and returned to the court via recorded delivery and it was delivered on Fri 10th, now I've received a second copy from Bristol CC stating it must be returned by 30th Nov. Firstly do I need to fill out the form again? Secondly does this now mean Cobbetts will have an extra 8 days to return their AQ?

 

Its probably confusion on the courts part, after all they are a little snowed under at the moment, but I don't really want to be giving Cobbetts another 8 days, they've had long enough to pay up as it is.

 

Has anything like this happened to anyone else? What should I do?.......if anything?

 

 

Just phoned Bristol County Court to try and sort out the mix up of receiving a second AQ, was told that my first one was received on 10th and that I should just ignore the second one.

 

I queried the dates, as one was due back 22nd and the second due back 30th, and was told that because they were a bigger court they allowed a longer period.....that really makes sense....not!! You'd think a bigger court would be more efficient!!

[Guest screwloose]

Hi, I am reading thru all your help and replies to each other with regard to NatWest. I will be starting a claim to them in near future. Hope your claim is sorted and quickly. Will watch and keep everything crossed for you! What a great site.

 

Fabulous site aint it!!

[Guest Scarletrose]

is this date the crt hearing date?

 

i hope they settle before that for you deller you could start fixing up the nursery or have u already done that.

[Deller]

Nursery is almost finished Scarlet, just need my money for a bit more furniture!!:-|

 

The dates I was referring to were the deadlines for returning the AQ form.

[Deller]

Just checked my bank online and the AQ cheque has been cashed, so that's another 100 quid going on my claim!!

[Deller]

I do hope the posty brings me a Cheque on Saturday......hey Ally!!

[Guest Scarletrose]

i'll keep my fingers crossed for you!!!!

 

just left a post for you on 20 questions thingy, basically saying that i hope you didnt eat wot was in the cats dish before you fell asleep, and i dont believe that rotten beer scooter left you like that

[Guest Scarletrose]

PS is it on the allocation questionaire that you can request a cheque rather than having it paid into account????

[gizmo111]

PS is it on the allocation questionaire that you can request a cheque rather than having it paid into account????

 

No - but I don't know of anyone who has been paid into an account.

[Deller]

No - but I don't know of anyone who has been paid into an account.

 

I don't care how I get it so long as its soon!!

[Guest screwloose]

I don't care how I get it so long as its soon!!

 

All good things come to those who wait!!

[Deller]

All good things come to those who wait!!

 

.................and wait!!

[martinpar]

At the risk of sounding stupid (not for the first time) why are you expecting a cheque? Surely it is normal for them to hold out until just before the hearing. Or did I miss something in the earlier posts?