lee v NatWest ** WON **

[Michael Browne]

Value:

Bank charges (and overdraft interest if claimed) - £XXXX

Data Protection Act Fee - £XX (if claimed)

S69 8% Interest - £XXX

Total of - £XXXX

Plus daily interest at 8% of £0.XXp from the date of issue until settlement.

 

 

Court fees are added automatically, otherwise fine.

[lee in wales]

thanks michael

[lee in wales]

just come back from the courts with a nervous smile on my face:) just filed my claim, so now back to swotting up for the fight ahead.

[orfoster]

Well done! You will be fine. Just think soon you will have the money on your doorstep!!

[lee in wales]

Hello everyone just a quick post to say a big thank you to everyone who has posted a thread and helped me along the way in 2006, and may 2007 bring a big fat cheque in the post for me and everybody else on this site.

 

 

HAPPY NEW YEAR EVERYONE

[lee in wales]

hello again, when i got home this w/end there were two letters waiting for me the first was my court claim number, and the second was a letter from stuart higley thanking me for being so patient because he hadn't replied to my LBA dated 2nd dec, his notice of issue must have crossed in the post.

 

Am i right in thinking that i have to PM a mod. with my claim no. now?

[kerriegeorge]

hi lee yeh let a mod know your claim details. good luck with your claim you will now be sent natwests defence which will be the usual stuff "the claimant hasnt submitted a fully particularised claim "havent rec'd any evidence (the spreadsheets)", CPR 18 request. and then youll get an aq from the courts which u need to fill and send back with £100 if your claim is over £1500. Corbetts will also be sent one of these and there are guidelines in the library to help u fill it in. Then you WILL receive yoiur cheque!!!!!!!!!!! Hurray - not long now - Goodluck x

[lee in wales]

thanks kerrie,will do that now, i added a copy of spreadsheets, attached to the n1 claims form so that should keep cobbetts happy hopefully things will start moving now it seems to drag on whilst waiting for replies of letters from natwest.

[kerriegeorge]

i sent them 3 times to corbetts and still they denied having them and applied to have my claim struck out!!! you close now good luck x

[lee in wales]

Things have been a little quiet for a while but i received a letter from the courts yesterday, saying that NatWest filed an acknowledgement of service on 11th jan. with the intention of defending:( i new it was coming but i was kinda hoping they would say "oh go on then you can have your money back" :D not to worry though.

I take it i will be receiving something from Cobbetts in the next few days, looking forward to it already:)

[lee in wales]

hi everyone i am after a little bit of help if possible please, i have made a mistake with my list of charges for my poc i have submitted, i forgot to separate the advantage gold charges from the account charges, its not the end of the world because i have another £280 worth of charges to add to it anyway, but can someone point me in the right direction of how to go about ammending my claim, i also beleive it will cost £35 to do is that right?

[Michael Browne]

Form N244 - application notice

 

With regard to the N244 -

Top left hand box:

1. Tick c), without a hearing

 

Leave the rest blank

 

Part A

intend to apply for an order that:

amends my particulars of claim

 

because:

There was an error in my particulars of claim in the amount claimed and therefore there is a decrease in the value of my claim

 

Part B

Tick evidence in part c

 

Part C

Please find attached to this application my proposed new particulars of claim and an amended schedule of the amount claimed in respect of penalty charges levied by the defendant"

 

Send N244 + 3 N1 + 3 schedules + £35 fee to the court. They will send 2 back, 1 of which you serve/send to the defendants and confirm to the court that you have done so.

 

N1 PARTICULARS OF CLAIM

 

1. The Claimant [has] [had] an account (XXXX Account No) with the Defendant which was opened on or around Date [and closed on or around date]

 

2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982.

 

6. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £XXXX and any interest charged thereon;

b) Court costs;

c) Interest pursuant to S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgement or settlement at a daily rate of £0.xx.

[lee in wales]

hi again people, i got my court date through the other day, its for 26th march at 10:30.

 

it says in my letter, "Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of recieving it."

 

It is ordered that,

 

Directions will be given in this case by the Designated Civil Judge, his honour J G Hickinbottom, on 26th march 2007 at 10:30 am at Cardiff Civil Justice Centre.

 

The parties may appear in person or make written representations as how the case should proceed provided a copy of the representations is sent to the Court and the other side at least 7 working days prior to the hearing.

 

is this the norm, not sure what it means "without a hearing" and " set it aside, varied or stayed". sorry if that sounds a bit dumb, could do with a bit of help on that one,

many thanks in advance

[brenda/bruce]

Hi Lee,

 

I have received the same letter with the same time date and place as you. Just waiting to hear from someone as to what to do next.

 

Brenda

[lee in wales]

can anyone help with my post #33, i spoke to zooman in the chatroom earlier he says it is a case management conference. I have got the court date but i haven't heard a thing from Cobbetts and haven't received an Allocation Questionnaire, so i wondered why the Courts have given me a date.

 

If its a case management conference, firstly what is it and secondly what do i need to prepare myself for it, help on this would be much appreciated or directions to someone's thread who has already done would be great

 

Many thanks

[brenda/bruce]

Hi Lee

Have a look on stumcgov60 who is the same boat as us and has had an answer from deller1

[lee in wales]

just spoke to a very nice lady at Cardiff Courts with regards to my Court date and not receiving an AQ, and also still not receiving conformation of my amended POC. She confirmed that the hearing is for the Judge to decide the direction of my case and he was also looking at my amended POC today. She also said to have my Court bundle ready for the hearing, so my question is, do i have to inform Cobbetts and the Courts i intend to be there in person and do i have to send them anything regarding the evidence i will produce in Court, ie what i have in my Court bundle

[livelylad]

just spoke to a very nice lady at Cardiff Courts with regards to my Court date and not receiving an AQ, and also still not receiving conformation of my amended POC. She confirmed that the hearing is for the Judge to decide the direction of my case and he was also looking at my amended POC today. She also said to have my Court bundle ready for the hearing, so my question is, do i have to inform Cobbetts and the Courts i intend to be there in person and do i have to send them anything regarding the evidence i will produce in Court, ie what i have in my Court bundle

 

You will get a date from the court and cobblers will also be informed by the court, start to prepare your court bundle Lee. Once completed you need to send a copy to the court and a copy to cobblers.

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

[lee in wales]

At last, my amended POC has been processed and returned with a General Form of Judgment reads as follows;

 

Upon reading the Claimants application, IT IS ORDERED THAT

1) Leave to the Claimant to amend the Particulars of Claim in accordance with the copy lodged at the Court.

2) Defendant to file and serve a defence by 28th February 2007

 

Dated 31 January 2007

 

I take it now i sit and wait for Cobbetts to file and serve their defence and get my Court bundle ready for my Directions hearing on the 26 th March

[rhodes2000]

Hi did you have to highlight the amended parts in red I did the same as you and included some advantage gold fees if so how did you highlight it

[lee in wales]

hi rhodes, i didn't highlight the changes, but in the charge reason box i put in the account charge less advantage gold fee,

 

e.g 01dec 2006 a/c £40 less £12 advantage gold fee,

then in the charge amount box £28

hope that helps

[rhodes2000]

Hi Lee I was informed by HMCS that the new N1 claim form amenments had to be marked in red ie the new amounts maybe I will phone them tomorrow thanks

[lee in wales]

hi again people, just received the defence from Cobbetts, it lists 12 points of denial but it seems the standard letter of defence, no sign of the CPR part 18 request, and still no offer, never mind.

I suppose its sit and wait time again now for the Courts to issue an AQ, i still find it quite baffling that i've only just received their defence no CPR part 18 and no AQ, yet i have a Court date for 26th March :confused:

[brenda/bruce]

Lee i have had no CPR 18 but i have had an AQ.

 

Brenda

[lee in wales]

i think i will sit tight for a week and see what happens, got plenty of time before court date, if nothing then i will ring the court and see whats happening