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    • the property is not yours you are not on the deeds you are/were not ever on the mortgage..   stop trying to do their job in scamming you.        
    • Capital assessments are based on the:   amount or value of the asset at the time of the application outcome of checks carried out to protect against fraud As with income assessments the partner's share of the equity is included in these calculations - unless there is contrary interest. Just found the above in the law society website.  So am I screwed.  So confused.   
    • I am bound to say that their alleged contract is probably the weirdest I have seen. Considering it is supposed to be a serious legal contract to set out the conditions under which CEL manage the parking on land that does not belong to them it leaves a lot to be desired.   For a start it does not comply with the BPA Code of Practice which is   7.3 a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement d who has the responsibility for putting up and maintaining signs e the definition of the services provided by each party to the agreement.   So no mention of hours: no mention of types of vehicle restrictions: no mention of who is responsible for the erection and maintenance of signage   and much more serious -no mention that CEL have to comply with the BPA Code of conduct-that one is listed on 7.1.    All it states is that the operator can pursue outstanding PCNs in accordance with the COP but that is not the same as saying that CEL will abide by the CoP which it must say.   Also AFAIK the only entity that can pursue for trespass is the land owner regardless of what this quasi agreement says. There is also no mention of the financial aspect of the arrangement nor how the long it lasts and what notice is required for either side to terminate.     It might be worth writing [not emailing ] to Medburn Estates asking them to confirm if this is the only agreement with CEL and whether they think it right that CEL have not received planning permission for their signs from the Council rendering their signs illegal which is more serious than unlawful and therefore all PCNs issued are worthless and should not have been issued as it is impossible to form a contract with motorists when the signs are illegal.   Also that as CEL are their agents Medburn Estates LTD are responsible for the actions of their agents. You could also ask them to cofirm that the signature on the paper is that of their Director, Anthony Brown and whether their copy has a counter signature of a CEL representative.   Carry on that CEL are taking you to Court and as another Judge has asked a Landowner to appear in front of him to explain their contract, whether it might be in the best interest of Medway to have a serious conversation with CEL to avoid any possible  embarrassments in your  [ie Laluna] Court appearance.   I have not looked much at your WS though it is looking good.   I would have mentioned that as they failed to comply with  Town and Country Planning (Control of Advertisements) (England) Regulations 2007.   that they are in breach of their agreement CoP with BPA to keep to all the legal requirements in running their parking  operations.   It calls into question their right to apply for motorists data from the DVLA.   I would wait for their WS to arrive so that you can pick holes in that too. however watch that if they are late that you send yours off just within the Court guidelines.   What you are tying to do with your WS is to put your side of the case plus put CEL in as bad a light as possible for them to  decide that they don't really want to go to Court after all.
    • UncleB - where you write "This could lead you to facing the Bank in Court..."   1stly -  would that mean now?  by remote hearing?  Or when the courts open after the summer?   2ndly - Does the application for set aside automatically prevent the B hearing going ahead?   3rdly - Will sending in an application to have the B petition set aside mean that I have to disclose an address for service?   I can only give a mailing address   4thly - Could having an early (remote) set aside hearing potentially quicken up the process for the bank if I am obliged to give them a suitable place for service?  At the moment I assume the hearing was adjourned for lack of physical service.   I want/ need to get a set aside.  But don't want to shoot myself in the foot.  
    • Where I have sight of a letter which states the following: "a) the case is removed from scheduled date and time on the court list forthwith    b) the case will be re-listed on the 1st open date after x few months, a date to be advised" Is there any way a hearing would be any earlier than suggested?  Lockdown closed courts but may they open early?    Could the bank ask it to be brought forward even with lockdown still in place officially til end July?    Would that depend on them physically serving a b petition?   Could the 1st open date be any time up to Christmas with such a potential back log of cases?  
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Deller

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.

  • Haha 1

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.

  • Haha 1

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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