Scarletrose V NatWest *** WON ***

[katesage]

hi thanx kate

 

i think if hubby went out with higley for a pint at the moment might end up with higley paying a impromptu visit to local hospital. PMSL

 

ps i forgot to mention the letter we received today had 2 copies one for us and one for the loo perhaps, no seriously is this normal or was it another error, on higleys part. NOT NORMAL!HE WAS HAVING A REALLY BAD DAY!?

quote of the day : to err is human to really f**k things up takes a higley.:grin:

LIKE IT!!!!

[gizmo111]

hi thanx kate

 

i think if hubby went out with higley for a pint at the moment might end up with higley paying a impromptu visit to local hospital.

 

ps i forgot to mention the letter we received today had 2 copies one for us and one for the loo perhaps, no seriously is this normal or was it another error, on higleys part.

 

quote of the day : to err is human to really f**k things up takes a higley.:grin:

 

One is for you to sign and send back accepting offer - but given the contents the loo is the best option.

[Guest Scarletrose]

Hi Kate and gizmo111, thanx for replying.

 

sorry taken so long for me to reply been typing out my letter and making a new brand of toilet roll out of higleys 2nd copy of letter, its unique and unlike any other as it is made out of 100% B***s**t. However its a bit Harsh on your bottom a bit like Nastywest is to its customers so no real change there then

 

 

by the way kate PMSL what does it mean i cant find it on abrrev list?

 

Cheers me dears

Scarlet

[katesage]

pishing myself laughing babe:D

[aed]

Hi Scarlet its AED (Amy) was just wondering what you put in your statement of particulars on the MCOL as i have been reading a couple of other threads and not sure that i put in the right info, although i did copy it from the Template library!!

[Guest Scarletrose]

Hi amy

 

i havent got that far myself yet on the Mcol filling it in a bit at a time, however i was going to use template from the library too. i woder if kate might know, hopefully she or gizmo111 will read this and be able to answer your question for us, have you already sent your Mcol?

 

scarlet

[gizmo111]

Hi amy

 

i havent got that far myself yet on the Mcol filling it in a bit at a time, however i was going to use template from the library too. i woder if kate might know, hopefully she or gizmo111 will read this and be able to answer your question for us, have you already sent your Mcol?

 

scarlet[/quote

Use the templates in the library - I personally prefer to use the N1 as there is much more space to put your arguments. My first NW claim I did MCOL and had to submit a N1 to court anyway as Cobbetts complained it wasn'y particularised enough.

[Guest Scarletrose]

Thanx gizmo111

 

will try to get to court to get one however my nearset crt is 30 something miles away the beauty of living rurally is everything is miles away and can take you a whole day just going to and fro.

[gizmo111]

Thanx gizmo111

 

will try to get to court to get one however my nearset crt is 30 something miles away the beauty of living rurally is everything is miles away and can take you a whole day just going to and fro.

 

You can download & fill in online - then print out 3 copies and send to court with fee. Link is in the library.

[vicnlou]

Am just filling in N1 form what did you put for brief details of claim?

[Guest Scarletrose]

Hi guys

 

i have decided to go with the Mcol instead of N1 at this stage did anyone else get there N1 rejected for not being enough info?

 

so i have just been on Mcol again and i'm unsure on a couple of things

 

1. do i need to click on the part about human rights act, i think no but just want to be sure?

 

2. is it in the particulars of claim part that says about being able to use a maximum of xx characters where i have to type in template ie: 1. the claimant has an account XXXX, opened etc...., also 'aed' mentioned on my thread about this being the right thing to put because she had read differently on different threads.

 

sorry if theses questions a bit daft been up most ofnight caring for sick child and sick dog, also fell and injured shoulder all in all not a good night.

 

any info most welcomed

 

scarlet:p

[katesage]

Hi Scarlet

 

No to the human rights bit.

 

OK, I'm feeling kind this morning so I am going to type out my Particulars of Claim for MCOL. (which did fit in)

 

The claimant has a bank account 11111111 with the defendant bank opened 3rd May 2001 and which is conducted on their standard terms and conditions. The claimant is claiming the return of £2531 taken by the defendant in bank charges over the last 5 years plus the interest they have levied on those charges. The banks charges are an unfair penalty and are unenforceable as they are contrary to common law. Also as an unfair penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms In Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unfair within the meaning of the Supply of Goods and Services Act 1982 s.15.

The claimant claims interest under sectio 69 of the County Courts Act 1984 at the rate of 8% a year from 3rd May 2001 to 6th August 2006 of £430.87 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 55p.

 

 

I am sure other people have used different versions but I used this one and as you know I recently got my money, so hopefully this will be OK.

 

Hope that the shoulder, dog and child are all ok?

[Guest Scarletrose]

Cheers kate, you are a wealth of knowledge

 

i was just reading thru your thread again to see if i could find the answers myself, feel like complete thicko.

 

Child and dog doing much better

shoulder not so well, just to clarify didnt fall off of beer scooter tripped over stray cuddly toy whilst caring for child in darkened room,and rushing to get supplies.

 

cheers again i will modify your mcol to fit my needs, when do i get to claim costs ie court fees and postage?

scarlet

[katesage]

court fees are included lower down on the MCOL form as for postage, dunno? i didnt include it on mine and i doubt there will be room on the PofC to fit it in??? Anybody!???

[Deller]

I did read somewhere that someone claimed back postage, stationary and the time spent involved in doing their claim, can't remember where though!!

I'll have a look and post it here if I find it.

[Guest Scarletrose]

Hi guys:confused:

 

I know i'm being a real pain the a*** with all the questions but i'm gonna ask anyway so as not to muck this up.

 

1. in the particulars of claim that Kate provided me with (thanx kate) the part where it reads 'plus the interst they have levied on those charges' i am only claiming for charges and the 8% interst so do i leave that bit out?

 

2. 'amount claimed box' is this the charges plus the 8% interest?

 

3. Account in joint names all letters to bank have been from hubby and me so in the box 'Signed initials and surname' do i put both our names

 

Again any replies or info much appreciated

thanx in advance

Scarlet:p

[The cobbett slayer]

Hi Scarlet

 

1) If you aren't claiming the interest then don't include that part. It's only a technicallity but it might just give them something to use as a delaying tactic if you mention something that isn't actually in the claim

 

2) The amount claimed is the whole amount including interest up to the date of filing

 

3) Depends what you have put in the "Claimant" box. There is no reason why one party to a joint account can't issue the claim so if it the claim is in your name then only you need to sign it

 

Hope this helps

Paul

[Guest Scarletrose]

thanx so much paulscheiber

 

that really did help ican move onwards and hopefully upwards now:p

[Guest Scarletrose]

just to clarify in the name of the defendant i entered National westminster Bank Plc as opposed to just Natwest is that okay?

 

I also opted to just make the claim in my name so signed just me too.

[The cobbett slayer]

Sounds fine - good luck

[Guest Scarletrose]

Well I've done it, i have completed and paid for Mcol my claim no: 6QZ83142.

 

Do i need to notify anyone on here now i have a claim no. i think i read somewhere u have to inform a Mod, is that right? if so how do i go about it?

 

i guess i will have to just play the waiting game now, and just pray and keep my fingers crossed that it goes well. somehow that would be a novelty for me i'm a firm believer of ' if it can go wrong it will'.

[aed]

Hi, my claim no. is 6QZ81967 and i'm hoping for the same as you. I think we just have to wait now to see what the bank does. Natwest have got until the 28th Nov to respond to mine, how about you.

[gizmo111]

Well I've done it, i have completed and paid for Mcol my claim no: 6QZ83142.

 

Do i need to notify anyone on here now i have a claim no. i think i read somewhere u have to inform a Mod, is that right? if so how do i go about it?

 

i guess i will have to just play the waiting game now, and just pray and keep my fingers crossed that it goes well. somehow that would be a novelty for me i'm a firm believer of ' if it can go wrong it will'.

 

Yes scarlet - senda pm to a mod with claim details - no and amount. Good luck

[Guest Scarletrose]

Hi, my claim no. is 6QZ81967 and i'm hoping for the same as you. I think we just have to wait now to see what the bank does. NatWest have got until the 28th Nov to respond to mine, how about you.

 

Hi amy (is it okay to call u that)

I dunno how long do you give them i just submitted mcol today, is it 28 days:confused: if so that takes it until 11/12/06. that means no chance of getting in time for xmas oh no.

 

ps thanx gizmo111 for advice will try and do that now.

[Guest Scarletrose]

Hi guys been reading thru a few threads and i'm a bit confused about Mcol how long do they have to reply to Mcol and wot if they dont do i have to start all oover again i wouldnt be able to afford another £120 court fee i submitted my Mcol 13/11/06,

also i am using the overdraft facility on this account will i be getting letters from there debt collectors now? it seems very scary now as i have no money to pay off o/draft was going to use claim money to do that if i win.