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

[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!!!

[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!!

[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?

[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.

[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.

[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!!!

[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??

[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!!

[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.

[Deller]

I'd better pop an acknowledgement on the fax then.......FAO the idiots!! :lol: you're standard defence has been received...blah,blah,blah!!

[Deller]

Yeah, nice letter Giz, I'll give it a little tweak to suit my claim and pop one on the fax myself - direct to The University of Idiots!!!

[Deller]

Welcome to site Boo82, its a very interseting read don't you think, I've been spending hours following other peoples successes enabling me to get as far as I have, don't know where I'd be without it.......very skint and still paying ridiculous charges I suppose.

 

With regards to your query, its not really that confusing at the court stage so long as you follow the correct guidleines. I was a bit hasty when filing my claim, hence the rather stressful time I've had the last week or so. And yes you do get back all the fees you pay...when you WIN!!

 

Just stick to the step by step instructions http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

and you'll do just fine.

 

We're all here to help each other,

 

Good Luck!

[Deller]

Didn't know there was one, where's it too??

[Deller]

Got home from work this evening to find a letter from Cobbetts reading as follows:-

 

Upon consideration of your schedule of charges we note that you set out in your schedule charges incurred in September 2000. Under the Limitation Act 1980, you cannot bring a claim more than 6 years after the date on which the cause of action accured. You issued your claim on 2 October 2006, and you are therefore only legally entitled to claim between the periods 2 October 2000 to 2 October 2006. As suc, you cannot claim for the first 2 entries relating to charges and interest on your schedule.

In any event, our client considers that your challenge to its charges would fail in Court. Our client believes that its charges are fair, reasonable and transparent. It considers that the amounts debited to your account have been applied strictly in accordance with your agreement with it and its published tariff, which it is satisfied complies with all the applicable laws and regulations. Our client is also committed to ensuring the transparency of the information that it gives to its customers about the operation of its products. As such, our client does not believe that your claim has any prospect of succeeding.

However, as a gesture of goodwill and strictly on the basis that our client rejects any liability to you, it is willing to offer you a goodwill payment of £2000.

Acceptance by you of this goowill payment will be in full and final settlement of your claim against our client and strictly on the basis that:-

1. you agree not to disclose to any third party the fact of, or any details relating to, this payment.

2. you write to the Court withdrawing your claim.

Whilst this letter is written without prejudice save as to costs, in the event that you decline this offer, we will draw this letter to the Court's attention on the basis that we hold the firm view that this offer is entirely reasonable in the circustances. This offer will remain open for 7 days until Wed 15 November 2006.

Cobbetts

 

 

I'm sure this is probably one of their standard letters but not entirely sure what happens now. I don't think I should be accepting the £2000 seeing as though I'm claiming £4153.83, plus the £100 AQ fee once its cashed, but am I likely to fail in court.

 

The bit about the Limitation Act 1980 has also got me a bit baffelled, yes I filed my court claim on Oct 1st, but sent my prelim letter on Sept 1st, so am I not within my right to claim back to then? As far as I'm concerned thats when my claim started.

 

The bit that makes me laugh though is how one minute they're saying they don't have enough information about my claim, and then they're reffering to this same info in their offer letter.....IDIOTS.

 

Any help and advice greatly appreciated!!

[Deller]

Cheers Michael, I thought that was probably the case but wanted to make sure, you can never tell whether what Cobbetts say is true or not.

 

Any suggestions on whats next with regards to response etc.

 

I know I've seen something somewhere but this site is like a maze and I keep forgetting where I've seen things, or the things I've saved are on work pc!!

[Deller]

Cheers Michael, you're a star!!

[Deller]

Thanks for the help guys, and yes Alan I think I'd also be inclined to tell them where to stick it, I will put together some sort of reply using the points you have all offered. Should I also send a copy of my reply to the Court and ask them to attach it to my claim? Also, should I send a copy of Cobbetts offer letter to the Court so they are aware of the fact that they are trying to fob me off with part payment?

[Deller]

Hopefully not Fryster, who knows........we might even get paid out at the same time. That will hit Nat West hard, 8k on two claims. :lol:

[Deller]

Right this is the proposed letter I've put together with the help and advice offered:-

 

Thank you for your letter dated 8th November 2006.

 

I first contacted your client regarding their unlawful charges on 1st September 2006 and therefore disagree with your contention that some of these charges fall outside the scope of the Limitations Act 1980. However I am happy to let the court decide on this matter.

 

Your client should consider themselves fortunate I have not claimed charges going further back, since I believe that any limitation would be overturned under the terms of section 32 of the Limitations Act, due to their continued "concealment" of the facts that their charges are unlawful, or for relief from a "mistake".

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, interest and court fees, which together with the daily rate of £0.XX now total £xxxx as of XXth November 2006

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentiality clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust this clarifies my position.

 

Yours faithfully

 

 

Does this seem satisfactory??

 

Anyone??

[Deller]

Should I also send a copy of my reply to the Court and ask them to attach it to my claim? Also, should I send a copy of Cobbetts offer letter to the Court so they are aware of the fact that they are trying to fob me off with part payment?

 

Any suggestions!!

[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??

[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

[Deller]

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

[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?