NatWest settle at last ...

[BankFodder]

The suggested particulars of claim above is not the best template to use. There is a new template for a Moneyclaim which has been put into the library section with the templates.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html#post273915

 

 

 

You should refer to that example and also the instructions and checklist which accompany it.

 

However I am quite sure that even if you take extreme care you will still get these letters from Cobbett's and other solicitors.

 

Make no mistake that the banks are conducting sham litigation. If they were claimants they would be judged to be vexatious. Cobbett's strategy is impoverished and is designed to weed out the feint of heart and those who are not properly prepared.

 

I am quite sure that they are achieving quite a good rate of claims being abandoned people accepting reduced settlements.

 

If you received a letter from Cobbett's or other solicitor then my suggestion is that you should write your reply to the court and copy it out to Cobbett's. Do this particularly if you have already supplied the schedule of charges. You should make it very clear to the court that the bank has had full details of the claim on at least two previous occasions and that you are now supplying them with a further one.

 

Make it clear to the court that Cobbett's request is a standard letter which is being distributed to all claimants regardless of the way that their claim is constructed and that it is designed only to frustrate and to intimidate.

 

Copy the letter out to Cobbett's. Do not dignify them with a direct reply.

 

Don't worry too much -- you can be sure that by now the courts throughout the United Kingdom are well aware of what is going on and are deeply suspicious of the banks and their so-called legal representatives.

[lindy123]

My son has just rung me at work to say that Cobbetts have offered £700 in full and final as a gesture of goodwill. The claim is for £1200 so I shall be finding the thanks but no thanks interim payment (or whichever template I need) letter and whizzing that off to them.

 

I think we're finally getting somewhere

 

Good luck everyone

[lindy123]

Cobbetts have written with partial offer £700 vs claim of £1199.

Is this letter ok? They have imposed conditions, should I mention these as being unreasonable 1) non disclosure 2) write to court withdrawing claim.

Offer expires 20 October. Do I need to say anything else?

Thank you again for any help you can offer.

Lindy

Dear Sir/Madam

Ipswich County Court Claim no. 6QZ56060

XXX and National Westminster Bank plc

Charges applied to account number: XXXX Sort Code: XXXXXX between December 2001 and May 2006

Charges £1,060.73 plus Interest £138.48. Total claimed: £1,199.21.

Thank you for your letter dated 12 October 2006.

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £1,060.73 plus interest £138.48 total claimed £1,199.21.

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

I trust this clarifies my position.

[Michael Browne]

+ daily rate of 72p since filing!! Every little helps.

[lindy123]

+ daily rate of 72p since filing!! Every little helps.

 

You're so fantastic! How does this bit look now?

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £1,060.73 plus interest £138.48 total claimed £1,199.21 plus interest at £0.72 per day since filing the claim.

So I'll just add the 72p bit and nothing else to add to the text I pasted earlier?

Thank you soooo much, Linda

[Michael Browne]

Court fees?

[lindy123]

What would I do without you?

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £1,060.73 plus interest £138.48 total claimed £1,199.21, Court Fees of £120.00 and interest at £0.72 per day since filing the claim.

 

Thank you!

[Michael Browne]

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £1,060.73 plus interest £138.48, Court Fees of £120.00 and interest at £0.72 per day since filing the claim, making a total as of XXth October of £XXXX.XX

 

[lindy123]

The claim was deemed served on 23 August, I make it 51 days to the date on the letter 51 days x 0.72=£36.72 + 120.00 court costs + 1060.73 + 138.48 = 1355.93.

How's this?

Thank you so much

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totaling £1,060.73 plus interest £138.48, Court Fees of £120.00 and interest at £0.72 per day since filing the claim, making a total as of 13 October of £1,355.93..

[gizmo111]

Cobbetts have written with partial offer £700 vs claim of £1199.

Is this letter ok? They have imposed conditions, should I mention these as being unreasonable 1) non disclosure 2) write to court withdrawing claim.

Offer expires 20 October. Do I need to say anything else?

Thank you again for any help you can offer.

Lindy

 

Dear Sir/Madam

Ipswich County Court Claim no. 6QZ56060

XXX and National Westminster Bank plc

Charges applied to account number: XXXX Sort Code: XXXXXX between December 2001 and May 2006

Charges £1,060.73 plus Interest £138.48. Total claimed: £1,199.21.

Thank you for your letter dated 12 October 2006.

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £1,060.73 plus interest £138.48 total claimed £1,199.21.

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

I trust this clarifies my position.

 

Thiswas the main nody of my refusal

 

As stated in my letter dated 19th September, I will inform the court that I am withdrawing the claim when I receive the full amount claimed. I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £4484.34, in order to be afforded this privilege by myself.

I trust this clarifies my position.

[lindy123]

Thanks Gizmo - did they resond, offer more for confidentiality?

I will add that if you think it will work.

 

Thank you again

[gizmo111]

Thanks Gizmo - did they resond, offer more for confidentiality?

I will add that if you think it will work.

 

Thank you again

 

They kept their offer open until 13th and were going to send me that anyway - I replied last monday hich was 9th and I haven't yet had reply - hang on for a few more until i receive answer if you can - andI will let you know what i receie back

[lindy123]

Hello everyone!

We have now received a letter from Ipswich County Court enclosing Mediation Forms to complete by 30 October.

Does anyone know what our response should be?

I am guessing we say "NO" and our reason for refusing mediation is because there is nothing further to discuss - our position is clear and has been clearly stated all along.

Is it yes or no to mediation?

If it is no has anyone got some good wording for the refusal?

If it is yes, what do I do now?

 

Thank you all as always for your help and advice.

Linda

[lindy123]

have a read through this thread it should help a little.... if you need any help with things please ask I'm currently reading through the thread again myself.

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/32649-feefofum-barclays-6.html?highlight=mediation

 

Thank you very much for that - I have put something together based on the above thread - of course the wording will have to be refined but do you think it's worth working on something like this?

Thank you for your help.

 

I have complied with the CPR guidelines that 28 days is a reasonable time to allow reimbursement of the monies taken. Since June 7 2006 I have sent three letters to NatWest requesting reimbursement, three letters to Cobbetts LLP in response to their various queries and three letters to Ipswich County Court, this is the fourth. All letters and forms have been duly completed and copied to the parties concerned.

NatWest are well known for using the lengthy process of the court system and then settling in full at the last minute, stopping short of actually going to court.

I consider this to be yet another delaying tactic and a waste of the Court’s time.

[lindy123]

Does this look ok? It's got to be at Ipswich County Court by the 30th October.

Thank you

 

The Claimant has complied with CPR guidelines and has attempted to resolve the issues in the claim with the defendant. The Claimant sent the first letter to NatWest Plc regarding the issues outlined in the Particulars of Claim on 10/08/2006. A Claim was filed in the Courts on 22/08/2006. The Claimant has responded promptly to all queries raised by the Defendant and their representatives, and has kept the Court informed. The Claimant believes that the Defendant has numerous similar claims against them, and has details of a number of claims settled just prior to attendance in Court.

[lindy123]

Phew! I thought we'd never get there but we did ... cheque received this morning for £1458.09 full and final settlement.

 

Cobbetts put up a good fight but with your help we did it.

 

Thank you to everyone for all the help and support

[muggins73]

Well done.

 

Looks like the drinks are on you then!!!!!

 

Happy spending.

[Guest NATTIE]

Congratulations!