natwesttookmymoney - v- NatWest **WON**

[natwesttookmymoney]

Thank you!

Mind you, with all they bright colours I'm glad you didn't send those best wishes the morning after!!

W

[Deller]

If I'd have know Westy I'd have sunk a few extra pints on the weekend in celebration.

 

Belated Best Wishes. :D

[Allyxia]

dellar hon you dont need an excuse to sink a few extra pints you!!!

[Deller]

dellar hon you dont need an excuse to sink a few extra pints you!!!

 

 

Good point.

[Allyxia]

Sweet - cardiff not a bad night out you know - and Im sure I could sort out some hotels for us all (i'll prob stay in town as well save on taxi!)

 

Shall we use my old Natwest thread to start the ball rolling? Oh the irony of that!!!

 

Westy you must come!!!

 

and of course your a given hon!!!

[innocent]

HAPPY BIRTHDAY

 

for last thursday westy....

 

 

Damn, Ill have to celebrate extra tonight now

 

 

 

Innocent

[natwesttookmymoney]

The burdens you have to bear, Innocent....

[innocent]

Only for you my real ale friend....

 

 

'the pain of it all'.....

 

 

 

 

"Cheers"

[natwesttookmymoney]

Alyx - Cardiff is fine for me but don't book me into the St David's hotel. few reasons:

1. it's altogether too close to Torchwood's Welsh HQ for comfort;

2. it has a balcony going over Cardiff Bay that is all to easy to fall over. (Actually, you have to make a bit of an effort but it can be done).

3. the bills are horrendous. Luckily, when I went there I was a guest of MG Rover. They didn't go bust for a few months after but the writing was on the wall after the third Long Island Tea paid for by the then MD...

4. what the hell am I doing, posting stuff like this on my still-active pursuit-of-NatWest-thread?? Yes Ally, let's use one of your defunct ones. There's plenty of choice, now.

 

Westy

[Allyxia]

hee hee

 

Im off out inc ardiff on sat I have a wickid outfit to wear - not for you boys eyes!!!

 

anyway shall have a bday drink for you westy my sweets!!!!

 

and some for dellars win!!!

 

and some to wish Innocent good luck

 

and some for me

[Allyxia]

Try this guys

 

http://www.consumeractiongroup.co.uk/forum/general-knowledge/35104-car-tax-how-do.html

Save thread for westy as his claim is "live"

[natwesttookmymoney]

Hi, Honey, I'm HOOoooooommmmmme!!!

 

(Albeit briefly)

. Been catching up with no less than 38 e-mail notifications from CAG

.

 

AND.....

I got Cobbett's defence yesterday. What a load of tosh! I had been following what others had received and attempted to pre-empt their normal semi-automated MCOL response (do not disclose reasonable grounds...give the Claimant opportunity to properly particularise his claim...no admissions as to what charges have been debited to the claimant's account....Claimant required to identify the sections of the acts...the Defendant cannot plead...etc etc). My POCs are very long -they run to three pages - and the schedule of charges runs to seven and cover 222 instances of charges.

 

So, what did the defence say? It was the normal, semi-automated MCOL response.

 

What have I done? I've sent the following Response to the Court:

 

"IN THE SALISBURY COUNTY COURT CLAIM NO. XXXXXXXXX

 

 

BETWEEN:

 

Natwesttookmymoney Claimant

 

- and –

 

NATIONAL WESTMINSTER BANK PLC Defendant

 

 

 

RESPONSE TO DEFENCE

 

 

1. The Claimant is very surprised at the Defendant’s Defence, as he believes that the full Particulars of Claim (‘Particulars’) and the Schedule had already addressed all the points the Defendant has raised and had identified relevant sections of the Unfair Contract Terms Act 1977 and the Unfair Contract Terms in Consumer Regulations 1999, and the Supply of Goods and Services Act 1982 as well. The Claimant was so surprised at the contents of the Defence that he telephoned the Salisbury County Court Office in order to confirm that his Particulars and Schedule had been forwarded to the Defendant. He was informed that it appeared that they had.

 

2. It would appear from the Defence that the Defendant has either not read the Particulars, which runs to three pages, or is not taking the legal process appropriate to this Claim seriously. The Claimant is aware of many other cases of a similar nature involving the Defendant, with numerous examples of late filings of documents and apparent attempts to delay the process.

 

3. The Claimant respectfully draws to the Court’s attention that, even though the Defence is brief and fails to address the issues raised in the Particulars, it was dated December 22 2006 – the last realistic date for it be posted so as to arrive at the Court within the permitted time.

 

4. The Defendant asks in its Defence for information that it already has in its possession. The Schedule was submitted at the same time as the Particulars and listed over 220 individual instances of charges debited to the Claimant’s account between January 1 2001 and October 23 2006. The date, amount and description, or ‘reason for charge’, was described in each and every case. The Claimant would be interested to learn what else the Defendant requires.

 

5. The Claimant submits that the Defendant has not filed a legitimate defence within the prescribed time and therefore requests the Court to consider striking the Defence out and granting summary judgement to the Claimant.

 

6. In the alternative, the Claimant respectfully requests the Court to issue an order requiring the Defendant to supply the following information:

 

i). stating in respect of each item claimed, as listed in the Claimant’s Schedule submitted with the Particulars of Claim:

 

a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

 

b) Whether such charge is accepted to be a penalty, and if not why not;

 

c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

 

d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

 

ii). In relation to each and every breach by the Claimant which resulted in a charge being levied, full details (with all relevant supporting documentation) of:

 

a) any letters, telephone calls, or incidents of manual intervention into the account in respect of each and every charge claimed by the Claimant and itemised in the Schedule submitted with the Particulars;

 

b) how charges are applied to the account (whether automatically or by some other means) and when;

 

c) the Defendant’s assessment of the cost to it of sending any letter making any telephone call or otherwise administering the account, with details of how the cost to the Defendant is calculated and what items of expense are included, or such other costs as are foreseeable in the context of contractual damages and the remoteness thereof and which can be specifically identified and defined and which can be reasonably attributed to each and every breach on the part of the Claimant;

 

d) the justifiably objective principles upon which all such costs are calculated and result in the specific level of each charge levied by the bank in respect of each of the breaches which resulted in the charges now claimed by the Claimant.

 

iii) If the Defendant avers that the charges are applied in return for the provision of a banking service to the Claimant:

 

a) to identify each and every such service referred to in the defendant’s Terms and Conditions and identify the charges, by reference to those terms and conditions, that the Claimant is required to pay for each service identified.

 

b) to confirm what steps are taken by the defendant in providing the alleged services. The Defendant to provide copies of all notes, memoranda, or other information retained by the defendant to demonstrate the provision of the alleged services to the Claimant.

 

c) to confirm whether charges are applied automatically.

 

iv) to respond as above and otherwise properly, fully and completely to the Claimant’s claim, as detailed in the Particulars and Schedule.

 

 

7. The Claimant has, at the date of writing, still not received from the Defendant complete information requested under a Subject Access Request (‘Request’) in accordance with the Data Protection Act, dated October 13 2006. This Request asked for details of all transactions relating to the Claimant’s dealings with the Defendant. Information relating to a loan account, number xxxxxxx, sort code XX-XX-XX; and all relevant notes and evidence of manual intervention, on this and others of the Claimant’s accounts with the Defendant, have not been received, despite repeated written and telephone requests.

 

8. This is not an unusual case: the Claimant knows of well over 200 similar actions involving the Defendant during 2006 and submits that the Defendant and its legal representatives are well aware of the process and procedure. The Claimant contends that the Defendant has had adequate time to submit a proper defence and has failed to do so.

 

9. Therefore, the Claimant respectfully requests the Court, in the alternative to summary judgement, to order the Defendant to provide the information referred to under 6 (including the subsections thereof) and 7 above, within 14 days. The Claimant believes this will help to bring the matter to a speedy conclusion.

 

10. The Claimant is, with a copy of this Response, forwarding additional copies of the Particulars of Claim and the Schedule to the Defendant’s legal representatives.

 

 

Statement of Truth

 

The Claimant believes that the facts stated in this Response are true.

 

I respectfully submit this Response to the Court.

 

 

 

 

Natwesttookmymoney (Claimant)

 

DATED this 29th day of December 2006"

 

I've turned item 6 and slightly amended item 7 into a draft order and respectfully requested that the Court issue it to the defence.

 

I may be lucky - it could save the AQ money and speed up settlement.

 

I really couldn't believe it when I got that defence. It's clear they hadn't even looked at my claim documents. As I said in the response, I called the Court to make sure they'd sent everything, rather than just the N1, which only had brief particulars on it. They're confident that, as there's only one copy of the POCs and schedule in the Court now, they had indeed sent the whole lot. I suppose it may have got lost between RBS litigation dept and Cobbetts but, as the N1 said full POCs were attached, you would have thought Cobbetts would have asked where they were. They acknowledged service on 1 December: they signed and returned the defence on 22 December. They had all that time to avoid making a balls-up but I'm pretty sure they have and it may work to my advantage.

 

Yippee!

 

Anyway, in my excitement I drafted the response and sent it without asking for anyone to look it over. As we have the weekend before anything's likely to happen, does anyone have any points to make? Should I rush down on Tuesday and grab it all back??

 

If anyone wants to see my full POCs, just say the word and I'll post up the whole 3 pages.

 

LotsaLuv to all and sundry

 

Westy

[stan5131]

Westy..... just brilliant!!! And welcome back x

[add-enuff]

Hi Westy, back on form I see, the Response was blistering!.....Happy Belated Xmas etc

[Deller]

Hi Westy, firstly I hope you had a good Xmas.

 

Secondly, you've had this all prepared well in advance and there is absolutely no reason whatsoever for you to try and intercept that post. The finish line is forever getting closer.

[Allyxia]

Then you can offically come to Cardiff Hee Hee

[trish dunn]

I may be lucky - it could save the AQ money and speed up settlement.

Thank you, Westy, for including this response. I've used it as a template for my own response to the defence. It's pretty remarkable. I haven't yet received an AQ, although I'm pretty certain I will. Having said that, no CPR18 request was included so maybe I will get lucky!

 

Anyway, GOOD LUCK and THANK YOU for your help.

 

Trish:)

[stan5131]

Contractual Interest: Full Details of Case against RBS including pleadings (1 2 3)

 

Westy, you must read this!

[stan5131]

By the way, where the bloody hell are you?

[natwesttookmymoney]

I'm now back, and I hope permanently.

 

I have not been in gaol (sorry to disappoint those who may have been wishing so) comatose or suffering from a deep and deadly hangover. Family stuff primarily, and now trying to catch up on everything I haven't been able to do for the last 10 days. Any outstanding PMs, requests etc I apologise to and will deal with asap.

 

Will now look at the link, Angela.

 

And Happy New Year to all and sundry.

W

[innocent]

Hi Westy and all

 

HAPPY NEW YEAR TO YOU

 

Just back myself from Xmas myself, catching up reading all my threads...

 

(im in the modd for submitting some more MCOLs today)

 

Excellent link (OMG the reading).... keep wondering if I should start claiming contractual interest....??

 

 

 

Hope you all had a good one

 

Innocent

[Allyxia]

Hiya Westy - I got your Pm hun dont worry!!!!

[natwesttookmymoney]

Well, now.

 

The postie called just after my last post and delivered some letters. One from Tewkesbury Park hotel and golf club offering unlimited golf for just £81 per person per night; a calendar from Woman & Home (I think that was for my OH)

and........

an offer from Cobbetts of £5000!

What interested me was that I sent my response to their defence back on 29 December, Special Delivery (which I prefer to recorded or registered because of the guaranteed delivery date). Anyway, it would have reached them on 2 January. Their offer is dated 3rd January.

A corporate solicitors firm, responding to something within 24 hours??

What's the chances of that happenin', eh?

 

Anyway, 'twould appear that they've now read my particulars because, in among the normal crap (charges are fair, reasonable...amounts debited have been applied strictly in accordance [NB this bit] with your agreement with it [an agreement is a contract, I believe]....client is also committed to ensuring the transparency of the information it gives to its customers and about the operation of its products [is this new? It's welcome news that they're committed to transparency]...does not believe your claim has any prospect of succeeding)

Anyway, in addition to all that is the following:

 

'We note from your Claim Form and Schedule that you claim interest at the contractual rate in addition to statutory interest at a rate of 8%. Our client will deny that you are entitled to claim for interest on top of the Court interest rate of 8%."

 

I'm writing back as follows and would welcome comments or observations.

 

"Cobbetts LLP

Ship Canal House

King Street

Manchester

M2 4WB

 

Your ref: XXXXXXXXXXXX

 

Dear Sirs/Mesdames

 

Your client: National Westminster Bank plc

 

Thank you for your letter dated 3rd January 2007.

 

I respectfully decline your offer of settlement and request, once again, that your client return to me all charges imposed on this account, plus interest as detailed in item six and its subsections of my Particulars of Claim and Schedule. The current total, including accumulated interest, amounts to £11,728.62 at today’s date, including £250 court costs. When the matter comes to Court, I shall also be claiming stationery, postage and administration costs.

 

I note that you did not address the matter of interest in your Defence document and wonder why you should seek to raise it now, after the time allowed for defence to be filed has passed.

 

I am, however, pleased to learn that your client “…is also committed to ensuring the transparency of the information that it gives to its customers about the operation of its products”. That being the case, I look forward to early receipt of the information I have requested and detailed in section six and subsections of my Response to your Defence. I sincerely hope your client will also finally provide me with all the information I have requested under the Data Protection Act, including notes and records of manual or other interventions on my accounts, notes of telephone conversations and decisions arising and – not least – statements for my loan account, number xxxxxxx, sort code XX-XX-XX, which I am still awaiting. As the loan was effected to clear borrowings on my main account – caused in significant part by unlawful charges – this documentation clearly has a bearing on the matter in hand. If you could persuade your client to expedite delivery of those documents I would be very much obliged, not least because it will obviate the need to launch an action under the Data Protection Act. I am planning to file that claim next week.

 

I will accept the sum of £5000 offered only as part settlement, without any conditions, and on the clear understanding that I will pursue recovery of the remainder. I shall amend my claim appropriately on receipt of cleared funds, which I would expect within seven days of receipt of this letter if the offer is serious.

 

Yours faithfully

[Deller]

Well well Westy, yet again you've pulled another one out of the bag. Great stuff mate, I can see this is going to be a Happy New Year for you, keep at them the way you are and they'll crack in no time.

 

Good to have you back!!

[natwesttookmymoney]

I do hope so!

 

Hope you had a giggle at the 'committed to transparency' bit, coz I did as I was writing it.

 

I'm sure they're reading this site and probably know exactly who I am by now. Yo, Cobbetts! I've read the thread that Stansfield directed me to! That lot will be coming your way as well, and pretty soon! So cough up, ya bass!

Westy