Scarletrose V NatWest *** WON ***

[Guest Scarletrose]

okay, i have found cpr responce will hopefullty get this typed up tomorrow, as i am really flued up coughing spluttering etc....

 

as for the AQ i am unsure as to the last bit as to wot to put in in section G other infomation?? my claim is under £5,k so i'm not sure wot to write. any ideas??

 

hugs scarlet

[katesage]

Hiya Scarlet

Hopefully this will answer any questions you have..................

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

[Guest Scarletrose]

okay postie brought me letter of defence plus cpr18 today, as typical of NatWest,

 

however i am now really worried!!!!!!!!!!

firstly on the second page of defence it states that i must identify each charge,

a) the date it was debited

b) the amount of the same

c) the description applied to the charge

okay i now think 'C' is a problem, on my schedule of charges of which was a template sent to me via a stupid relation, just says " charges as notified " which i assumed meant " with refernce to prelim letter, as notified in prelim letter saying these are charges in relation to direct debit refusals, exceeding overdraft limits "

i never itemised each charge with a description does this matter?????
NatWest should know the reason for the charge surely.

 

 

secondly the defence is six pages long is this norm????

 

 

 

thirdly " requsest for further infomation and clarification" No.1 this request is served pursuant to CPR 18 rule 27.2 (3) is this normal???

 

 

Forthly i am requested to provide responnce by 28th december 2006, if i cant i have to notify defendants solicitors and tell them when i can respond, What do i do with regards to this???

 

THE REQUEST

No. 1 in your claim you state the return of £2523.00 taken by the defendant in the las 6 years the actual amount at present including mcol fee and 8% interest is £3072.97 does this matter they are quoting a smaller amount?????

 

fifthly the request is 3 pages long is this right.

 

 

lastly wot do i do now????

 

 

so guys sorry for being boring but i'm so worried now, any advice or comments would be hugely appreciated, especially to the part where i didnt describe the charge in my schedule, please bear in mind that was sent before i had even heard of cag, so please dont judge me too harshly.

 

apologies scarlet

xxxxx:p

 

 

 

okay guys with relation to question C i am about to revise spreadsheet, but realise this will change the 8% interest as well, would it be okay do you think to type the charges out on microsoft word this way the interest and days since charge will remain the same as i will be typing them in manually??????

[gizmo111]

Hi Scarlet,

 

With reagards CPR part 18 send the letter below obvioulsy amend to suit your defence and persoanl details.

Is your spread sheet and figures correct if s ojust send a copy to them again - if it is wrong then come back and we can help more.

 

I acknowledge the receipt of the defence posted on behalf of National Westminster Bank.

 

I am not prepared, at this stage, to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative.

 

Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. I obtained all of the information pursuant to this claim (vis the charges, account numbers etc) from your client, National Westminster Bank plc. I am therefore somewhat surprised that you have not been sent this information by them directly to enable you to defend this claim efficiently.

 

With regard to Defence section 2. “No admissions are made as to what charges have been debited to the Claimant’s bank account.”

This is blatantly untrue I have provided your client with all details regarding charge dates, amounts and detail, which incidentally were initially provided to me by your client, this information was sent to Nat West Customer Services at 740 Waterside Drive, Aztec West, Bristol on 26th June and again on 12th July. However I will take this opportunity to provide you with an updated schedule of unlawful charges made by your client including, please find enclosed the aforementioned schedule. The account number as detailed on the particulars of claim is xxxxxxxx and the sort code is xxxxxxxx

Yours faithfully

[Deller]

okay, i have found cpr responce will hopefullty get this typed up tomorrow, as i am really flued up coughing spluttering etc....

 

as for the AQ i am unsure as to the last bit as to wot to put in in section G other infomation?? my claim is under £5,k so i'm not sure wot to write. any ideas??

 

hugs scarlet

 

 

Hi Scarlet have you managed to sort out your AQ section G yet??

 

If not then this is what you require!!

 

I am respectfully requesting that my claim be allocated to the small claims track.

 

This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

 

[Guest Scarletrose]

thanx Kate lively gizmo and deller you are all stars,

 

gizmo i have already sent reply to cpr 19 letter, isent it yesterday and it is the first one as posted by martin 3030, on the cpr18 sticky, i have sent revised schedule of charges with it as in my other schedules i had just listed each charge with " charges as notified " so i spent yersterday morning typing in each charge in detail, and sent copy of this to cobbets along with the responce to cpr18 letter by martin 3030???? is this rigt gizmo??????????

 

deller thanx for that info i will include it om my aq, hugs scarlet

 

thanx so much guys for your continued support

 

hugs xxxxx scarlet

[Guest Scarletrose]

P.S. Guys

 

 

I just wanted to wish you all a merry christmas

 

lots of hugs scarlet

[a2222]

CPR part 18 request by any chance?

 

yep... got my a/q in the post today

[Guest Scarletrose]

Hi guys Happy new year 2007!!!! to you all

 

 

Firstly i sent reply to CPR18 request on 23rd December 2006 to Cobbetts I used Martin 3030's template the first one he posted on the cpr18 thread is that right fingers croseed it is??????

 

secondly i have just filled in Aq which i will sent to Penzance county court, i have handwriteen section G with Dellers template above. is that right????

 

Thirdly who do i make cheque payable to is it my local court ie: penzance county court????

 

fourthly do i send schedule of charges with it my AQ that is????

 

fifthly in the cpr18 rejection letter is states that i will bring this intimadation to the attention of the courts how do i do this???

 

any help would be greatly appreciated

 

hugs scarlet:confused:

[gizmo111]

Hi guys Happy new year 2007!!!! to you all

 

 

Firstly i sent reply to CPR18 request on 23rd December 2006 to Cobbetts I used Martin 3030's template the first one he posted on the cpr18 thread is that right fingers croseed it is??????

Correct

 

secondly i have just filled in Aq which i will sent to Penzance county court, i have handwriteen section G with Dellers template above. is that right????

Correct

 

Thirdly who do i make cheque payable to is it my local court ie: penzance county court????

Or HMCS

fourthly do i send schedule of charges with it my AQ that is????

Yes and to Cobbetts

 

fifthly in the cpr18 rejection letter is states that i will bring this intimadation to the attention of the courts how do i do this???

No need to worry until hearing date

 

any help would be greatly appreciated

Your doing great Scarlet x

[Guest Scarletrose]

thanx gizmo

 

hugs scarletxxxxx:p

[Guest Scarletrose]

Hello Guys,

 

I posted my AQ back to the court recorded delivery on the 4th january, the deadline was the 6th of january. i also sent a copy of it to cobbetts.

 

Yesterday 8th january i received a copy of cobbetts AQ here is where i start to Panic!!!!!!

 

 

it says in the section G other infomation

" Case management directions cannot be proposed until the claimant serves a reply to the request for further information which was due on 28th december 2006. in light of this, the defendant may amend its defence or apply to strike out.

 

what are they talking about???

 

i wrote back to the Cpr18 request with Martin 3030 template, the first one he posted.

and i have supplied schedule of charges with each correspondance.

i'm really worried now.

 

please help!!!!!!!!!!!!!!!!!

 

hugs scarlet:confused:

[livelylad]

Hello Guys,

 

I posted my AQ back to the court recorded delivery on the 4th january, the deadline was the 6th of january. i also sent a copy of it to cobbetts.

 

Yesterday 8th january i received a copy of cobbetts AQ here is where i start to Panic!!!!!!

 

 

it says in the section G other infomation

" Case management directions cannot be proposed until the claimant serves a reply to the request for further information which was due on 28th december 2006. in light of this, the defendant may amend its defence or apply to strike out.

 

what are they talking about???

 

i wrote back to the Cpr18 request with Martin 3030 template, the first one he posted.

and i have supplied schedule of charges with each correspondance.

i'm really worried now.

 

please help!!!!!!!!!!!!!!!!!

 

hugs scarlet:confused:

 

They are real muppets arent they. You do not have to reply to the CPR part 18 request unless directed to do so by the Judge.

 

A call followed by a letter to Cobblers is in order I think also strongly worded to say that this is a clearly intimidation as they can not ask for further information unless the Judge agrees to it. Inform them that you intend to inform the Judge of their actions.

[katesage]

Hiya Scarlet

 

Don't panic hun, Lively is absolutely correct, this is just more petty intimidation. Your claim is way under £5000, this paragraph has

been appearing alot to people with claims over £5000 but in your case is totally innapropriate.

Because they know this will never actually be put in front of a judge, they muck about.

 

The letter you need to send is similiar to the 'intimidatory CPR18' letter, just amend it slightly to mention their AQ, dates etc. As usual, 1 copy to Cobbetts, one to the judge.

 

Your getting very close to the end now, stay strong, you've done the hard part. The proper offers should start soon, mine was a week after I got Allocation Notice from the court.

[Guest Scarletrose]

hi lively hi kate thanx guys for advice

 

only i'm no good at this lettter writing stuff and have no idea wot to write?????

 

should i try and copy ED1237 letter cpr18 request, i am unsure of wot to wrtite etc..

 

any ideas of a letter in the templates,

 

also wot cobbetts wrote was on there AQ which they have sent to the court so wont the judge already be aware of it. sorry if i'm rambling been up all night, nothing much is registering today.

 

hugs scarlet

[innocent]

Scarlet,

 

Good advice from the others..... and certainly dont panic

 

(the aq swapping I think is actually good news I think: it means your in your final stages of your claim....)

 

Good luck hon... (you wont need it)

 

 

Innocent

[Guest Scarletrose]

Thanx for the vote of cofidance innocent

 

however i'm still unsure of wot to write to judge and cobbetts cant make anything fit the situation????

 

any ideas

 

hugs scarlet

[innocent]

Awww Scarlet.... I know its easier to say after the process but dont worry

 

I gather the comment is only within section G of their AQ request....

 

Like livelylad said, perhaps, (and Im sorry to sound confident) "perhaps", just call, and write a letter to Cobblers stating a further case again of intimidation, cpr18 is not relevant etc

 

.... and c.c. it to your court

 

Then relax (if you can)...

 

(And check my signature) did I wait 3or4 weeks for a cheque out of the fantastic "blue" after the aq....

 

(Infact I think it was only TWO)

 

YOUR CLOSE NOW... THE WORST IS OVER...

 

 

 

Innocent

[innocent]

I waited 9 days from AQ deadline

 

[Guest Scarletrose]

Hi Guys i have not replied to cobbets section g Aq yet

 

BUT i received an offer today

 

Dear Madam

we refer to above matter (natwest)

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. our client is also comitted to ensuring the transparency of the infomation that it gives to its customers about the operation of its products. as such our client dors not believe that yourt claim has any prospect odf sucedding.

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 £1,600. my claim is for £3072.97

Aceeptance of this goowill gesture will be in full and final settlement of your claim on the basis of ( not disclosing it tpo a third part and i write to the crt withdrawing claim)

whilst this letter ois written without prejudice save as to costs in the event that you decline this offer we will draw attention this letter to the courts attention on the basis that we hold firm the view that thids offer is entirely reasonable in the circumstances this offer remains open until wed 17th jan.

we look forward toi hearing from you.

 

 

Okay guys what now, is this completely normal????

do i just write back declining offer???

do i still send a letter stating that i feel that there Aq s intimadtory or should i just refuse offer????

 

 

 

Hugs scarlet

[livelylad]

Hi Guys i have not replied to cobbets section g Aq yet

 

BUT i received an offer today

 

Dear Madam

 

we refer to above matter (NatWest)

 

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. our client is also comitted to ensuring the transparency of the infomation that it gives to its customers about the operation of its products. as such our client dors not believe that yourt claim has any prospect odf sucedding.

 

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 £1,600. my claim is for £3072.97

 

Aceeptance of this goowill gesture will be in full and final settlement of your claim on the basis of ( not disclosing it tpo a third part and i write to the crt withdrawing claim)

 

whilst this letter ois written without prejudice save as to costs in the event that you decline this offer we will draw attention this letter to the courts attention on the basis that we hold firm the view that thids offer is entirely reasonable in the circumstances this offer remains open until wed 17th jan.

 

we look forward toi hearing from you.

 

 

Okay guys what now, is this completely normal????

do i just write back declining offer???

do i still send a letter stating that i feel that there Aq s intimadtory or should i just refuse offer????

 

 

 

Hugs scarlet

 

This is normal. You will get an offer for the full settlement soon enough I think. Send the rejection letter.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

 

Also send the Aq letter at the same time this might speed up their full offer.

[aed]

hi, i got exactly the same letter, i assume its a standard reply. I sent the rejection letter to them again and sent off my AQ

[muggins73]

Hi Guys i have not replied to cobbets section g Aq yet

 

BUT i received an offer today

 

Dear Madam

 

we refer to above matter (NatWest)

 

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. our client is also comitted to ensuring the transparency of the infomation that it gives to its customers about the operation of its products. as such our client dors not believe that yourt claim has any prospect odf sucedding.

 

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 £1,600. my claim is for £3072.97

 

Aceeptance of this goowill gesture will be in full and final settlement of your claim on the basis of ( not disclosing it tpo a third part and i write to the crt withdrawing claim)

 

whilst this letter ois written without prejudice save as to costs in the event that you decline this offer we will draw attention this letter to the courts attention on the basis that we hold firm the view that thids offer is entirely reasonable in the circumstances this offer remains open until wed 17th jan.

 

we look forward toi hearing from you.

 

 

Okay guys what now, is this completely normal????

do i just write back declining offer???

do i still send a letter stating that i feel that there Aq s intimadtory or should i just refuse offer????

 

 

 

Hugs scarlet

 

Hi Scarlet,

Cobblers have pretty much taken me down the same route. They offerred a lame goodwill gesture prior to the AQ stage, which I humbly rejected:cool:

I have since sent my AQ to the court, received their AQ, in which they once again, ask me to particularise my POC (mor rubbish and stalling tactics) I am now waiting for directions from the judge. Apparently, and with fingers and toes crossd, I too am nearing the end of my claim.....me thinks I'll cross my fingers, toes and legs for the both of us!!!!!!

[Guest Scarletrose]

right guys i sent this as responce to there offer of £1600.00

 

my claim is £2523.00 plus interst at 8% added at mcol stage plus £120.00 mcol fee totals £3072.97.

 

 

date natwest ac no

claim no.

 

dear sir or madam,

 

Thank you for your letter dated 10th jan.

i respectfully decline your clients offer of sttlement and request once again that you return to me all of which i am claiming totalling £3072,97. ( i am unsure about this part as its the total of the claim now icluding everything as i have detaile above ie interst at 8% and mcol fee is this correct????????)

 

i will accept the sum offered only as a part settlement and on the clear understanding that i will pursue recovery of the remainder of the claim with court action. ( does this sound okay too????????)

 

i trust this clarifies my position.

 

yours sincerely

me

 

 

So guys does this sound okay ????????????????

plus i received today notice of allocation to the small claims track from the court. my cort date is set for 11th april at 14:00hrs. is this normal??????????

 

 

hugs scarlet

[muggins73]

Letter sounds okay to me.

I'm not sure you have too much to worry about with reference to your figs. as, in all honesty, do they actually take any real notice?!!!!

The notice you've received appears normal and simply means that the next offer they make you should be soon and a little more reasonable;)