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

[Deller]

Good for you Botsy, and don't worry I will be going all the way!

[Deller]

Hi there deller, I've been finding your thread a very interesting read. I've been swotting up on all the processes before I start my claim against NatWest, I'll be watching your progress with great interest.

 

Good Luck!

 

 

Good for you screwloose, glad to see you're doing your homework first, its best not to rush in and make mistakes, I've made a few myself which hopefully I've rectified now.

 

Good luck with your claim too!

[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.

[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!

[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!!!!

[Deller]

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

[Deller]

Long! Its starting to feel like forever!!

[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!!

[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.

[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!!!

[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. ;-) ;-) ;-)

[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!!

[Deller]

Quick update, I've gone ahead with my proposed action and faxed through a copy of my updated particulars to Cobbetts along with a covering letter and another copy of my schedule, I have asked for all of this to be attached to my claim and explained that I was unable to provide these details originally due to restrictions of space when filing my claim online. Particulrs sent as follows:-

 

CLAIM BETWEEN

 

deller1, and

 

NATIONAL WESTMINSTER BANK plc

 

CLAIM NUMBER xxxxxxxx

 

PARTICULARS OF CLAIM

 

 

1. The Claimant has an account, a/c no xxxxxxxx, s/c xx-xx-xx, with the Defendant which was opened around 1991

 

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges and interest between 18th September 2000 and 1st October 2006 for the sum of £xxxx;

b) Court costs;

 

c) Interest pursuant to section 69 County Courts Act 1984 at 8% in the sum of £xxx or at such rate and for such periods as the court deems just.

Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982.

I believe that the contents of these particulars of claim are true

 

 

Signed:

 

 

Date: 31/10/06

 

 

I printed a report to confirm the fax had gone through, then after waiting 5 minutes phoned Cobbetts and received confirmation that the documents had been received.

 

With a bit of luck this may of sorted out my problem.

Here's hoping!!! :grin: :grin:

[Deller]

Tell me about it screwloose, my advice to everyone is to make sure your very thorough, it does'nt pay to cut any corners!!

[Deller]

I notice you've worked out how to get the pictures in screwloose. Very pretty!!!

[Deller]

Well, time is running out for Cobbetts to get their defence in and their 28 days are nearlly up. Saturday 4th is judgement day. I expect they'll get their defence in right at the last moment, that seems to be the norm for them.

[Deller]

Tell me about it, very frustrating , but having read through loads of other threads it seems to be the same for everyone.

 

Seems they're keeping hold of the money for as long as they can, more interest for them I suppose, but then again, more for us too!!

[Deller]

Been away for a couple of days and got back to find Cobbetts defence on my doormat, right on their last day to get defence in. This is the stage where I'm a little unsure of what happens or what I should do, especially after the recent problems with the particulars of my claim.

 

Their defence reads as follows:

 

1. This defence is filed and served without prejudice to the defendant's case that the Particulars of Claim do not disclose reasonable grounds for bringing a claim against the Claimant to recover the bank charges (and interest thereon) referred to in the Particulars of Claim or any other sum(s). In the event that the Claimant does not properly particularise his claim then the Defendant will apply to strike out the claim and/or for summary judgement in respect of the same.

 

2. On allocation the Defendant invites the Court to direct that there be a case management conference in order for the Court to consider the making of appropriate orders to give the Claimant the opportunity to properly particularise his claim.

 

3. No admissions are made as to what charges have been debited to the Claimant's bank account.

 

4. The Defendant is embarrassed by the lack of particularity pleaded in the Particulars of Claim to the extent that the Particulars of Claim fail to disclose reasonable grounds for bringing a claim against the Defendant. The Claimant is required to identify the common law, statutes and consumer regulations that he alleges are unlawful. Until such time as these statutes/regulations and the provisions therin are identified the Defendant cannot plead to the allegation within the Particulars. The Defendant therefore reserves its right to plead further to the allegation once (and if) the Claimant further particularises his claim.

 

5. The Claimant is time-barred from bringing a claim of unauthrised bank charges prior to 2 October 2000 by the provisions of section 5 of the Limitation Act 1980.

 

6. Save as hereinbefore appears the Defendant joins issue with the Claimant on his claim(s) and denies that it is liable to the Claimant as alleged or at all.

 

 

So what happens now, I'm a little confused, do I wait or should I be responding in some way??

 

 

PLEASE HELP!!!!

[Deller]

My worry though is what my original particulars of claim were (as stated in post #67 of this thread). I have since sent an updated version to Cobbetts but havn't amended my particulars through the court. Not sure whether this would affect my case as the particulars Cobbetts are referring to will be those stated on my original claim. :confused:

[Deller]

Having read through a lot of other threads the defence I've received does seem to pretty much the same as a lot of other peoples, but I'm still worried because of my POC mistake. Should I be responding to Cobbetts along the lines of the letter gizmo111 used, or should I send a copy of my updated Poc (as in post #77) to the Court and ask them to attach to my claim, or do I need to make official amendmant and if so not sure how to go about this in the correct manner. Or maybe I should do nothing, wait, and see what their (Cobbetts) next move is. I'm finding this all very confusing!!! :confused:

[Deller]

Thanks for the advice gizmo, I have just checked on MCOL and my case states:- The defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transfered to shortly.

 

Should I prehaps wait for this to happen before I take any further action, and how long does it take for a claim to be transfered?

[Deller]

I've telephoned the Bristol County Court to see if my claim had been transfered there. I was told that case was in the process of being transfered as of today. I explained that I had received Cobbetts defence and that it stated my Particulars of Claim were inadequate. When I asked if these needed to be amended the lady said that as soon as the file arrived it would be referred to the judge and that he would suggest what needed to be done next.

 

So I guess its just a case of sitting and waiting now like Alan has stated.

 

Will probably phone the court again in a few days to see if my file has arrived and when I know its there I can then forward the additional documents which I've already sent to Cobbetts, hopefully they will just accept these!!