Special forces Spidy_em VS Ratwest ** WON **

[spidy_em]

hello, hope i have done this thread thing right...I have put my N1 in and now wait for Natty to get up off her chair and respond to it- they have another 14 days- which is coming up soon.

 

My claim is for 6K plus the pound- interest pushed me over the 5k mark. Anything I should be concerned about? I have followed the steps by plan...

 

Kinda feels teh calm before the storm.

 

Spids

[Guest NATTIE]

Not another one quoting my name in vain. There's only one Natty on the CAG and that's me!! And I do need to get off my chair and get a drink of water! Seriously, though, Good Luck, I can see you are quite advanced on the claim as many arrive here with merely the beginning of what can I claim so its good to see you at that stage. It may be worth a further reading of the NatWest successes to keep you aware of what may follow.

[The cobbett slayer]

Don't be concerned about anything. There probably isn't anything they can throw at you now that you can't find an answer to on here.

 

The same advice I now give to everyone. Stick to one thread (this one) that way we have the whole picture. If you have any questions - ask. Read the FAQ's over and over again - there is so much information there.

 

Above all - enjoy the experience of getting your own back.

 

Paul

[spidy_em]

DEFENCE

1. This Defence is filed and served without prejudice to the Defendant's case that the

Particulars of Claim do not disclose reasonable grounds for bringing a claim

against the Claimants to recover the bank charges (and interest thereon) referred

to in the Particulars of Claim or any other sum(s). In the event that the Claimants

do not properly particularise their claim then the Defendant will apply to strike out

the claim and/or for summary judgement in respect of the same.

2. On allocation the Defendant invites the Court to direct that there be a case

management conference in order for the Court to consider the making of

appropriate orders to give the Claimants the opportunity to properly particularise

their claim.

3. No admissions are made as to what charges have been debited to the Claimants'

bank account.

4. In relation to the allegation that the contractual provisions pursuant to which the

charges have been applied are unenforceable by virtue of the Unfair Contract

Terms Act 1977 ("UCTA 1977") and/or the Unfair Contract Terms in Consumer

Regulations 1999 ("the Regulations") and/or the common law, the Claimants are required to identify:

4.1 (a) the section(s) of The Unfair Contract Terms Act 1977 ("UCTA 1977");

(b) the regulations of The Unfair Contract Terms in Consumer Regulations

1999 ("the Regulations"); and © the principles of common law relied upon

by the Claimants in alleging that the contractual provision(s) referred to are

unenforceable; and

4.2 the contractual provision(s) that the Claimants allege are invalid by

reference to UCTA 1977 and/or the Regulations.

Until such time as these sections/regulations/provisions are identified the Defendant cannot (save as appears below) plead to the allegation referred to in paragraph 4 above. The Defendant therefore reserves its right to plead further to the allegation once (and if) the Claimants identify the relevant contractual information.

5. Save as hereinbefore appears the Defendant joins issue with the Claimants on their claim(s) and denies that it is liable to the Claimant as alleged or at all.

Regulations 1999 ("the Regulations") and/or the common law, the Claimants are required to identify:

4.1 (a) the section(s) of The Unfair Contract Terms Act 1977 ("UCTA 1977");

(b) the regulations of The Unfair Contract Terms in Consumer Regulations

1999 ("the Regulations"); and © the principles of common law relied upon

by the Claimants in alleging that the contractual provision(s) referred to are

unenforceable; and

4.2 the contractual provision(s) that the Claimants allege are invalid by

reference to UCTA 1977 and/or the Regulations.

Until such time as these sections/regulations/provisions are identified the Defendant cannot (save as appears below) plead to the allegation referred to in paragraph 4 above. The Defendant therefore reserves its right to plead further to the allegation once (and if) the Claimants identify the relevant contractual information.

5. Save as hereinbefore appears the Defendant joins issue with the Claimants on their claim(s) and denies that it is liable to the Claimant as alleged or at all.

[spidy_em]

Hello fellow troops....as you can see I have got the letter today- has anyone got this one- My eyes are fried....but I am not blind...ok just need to know the standard letter for this one and what is this case management conferance? WHA? do I bring biscuits?

It kinda feels like the softly approach- but stalling as well!

Looking forward to a reply...Your fellow comrade

[cheddar]

Looks like a standard defense letter to me, sit back and wait for their next course of action, you may get a CPR18 or an AQ or an offer....have a look at my thread to see your defense is nothing to worry about, they send it to everyone. Bet it even had those lil posh cardboards thingies on the corners?

 

I presume you used the correct PoC on your claim too?

[kateandpete]

Yadda, yadda. This is all pretty standard. In fact mine had 9 points - you've only got 5! Well done.

Did you get a CPR Part 18 request for further info with this? If so you will need to write to them (and copy to court) telling them that you refuse to answer as it's intimidatory. If not, you don't need to do anything.

 

Next you will get an AQ from the court. There's a template for this - make sure you ask for "standard disclosure" aswell though. This means they must provide a breakdown of how they arrive at the charge figures. They hate this and will fold if a judge orders it.

[kateandpete]

Wooo, crossed posts! You're on the ball today, chedder

[spidy_em]

What does Poc mean- tried to look in glossary- the letter is all they sent-

:o Now I feel the 'special cheddar ' moment is lost- I feel so cheap. Everyone gets the card board corners,!!!???!!!! here i thought I was special!!!

OK so just wait for the CPR18 and the AQ.

I followed the steps and timelimits as set out by my fellow comrades,

Cheers

Spids

[kateandpete]

PoC = Particulars of Claim - what you wrote on the claim form

[kateandpete]

Check that you didn't already get the CPR Part 18. Mine came with the defence. I says 'request for further information' on it and is 'persuant to part 18'.

If you didn't then just wait for the AQ

[bigmama59]

I got a defence and a CPR 18 today so ours might be in the same pile to be dealt with!

[spidy_em]

Hello:

No this was all they sent, there was a covering letter just saying they were instructed by NatWest, and enclose a by way of service the defend. defence and they have filed a copy of the same with the court.

They also ask me to acknowledge the reciept.( do I? cause i have sent them the breakdown of the charges- sounds like a stalling...)

I have just called the court and they are sending out the AQ.

What i can seef rom the defence is they want me to particularise the claim. case managemnt conference...

Spids

[Lager_Lou]

Hey Spidy,

 

I had exactly the same defence from them (as have others on this forum) - mine also came without a CPR 18 request.

 

With me they also asked I acknowledged receipt of their defence. So, maybe do what I did - I sent a one sentance response saying I had received their defence. yours Sincerely etc etc

 

Mine was dated 15th November; AQ arrived in the post yesterday.

 

Keep us posted!

[spidy_em]

Ok - LOL oh that is good- had the AQ- I will have to sit down and have a good read as it is pretty heavy in some places- anyone walked through the paperwork and have any tips? or a guide?

Mine was dated 20 nov.

What cheesed me off was the wanting to sit around a table for a conference! WHA? Will they come back and say well you never responded to our requests....

I will read through tonight about the be on chat..

Spidy in arms!

[bigmama59]

My AQ came yesterday and I've got until 10th December to send it back

[spidy_em]

Just found the AQ help in the templates- I think my AQ has to be in the 10th.I had a think about the letter and the request for me to breakdown the charges. The more I thought about it- they just turned around exaactly what I was asking them. I thought cheeky so and so's. I have read through your thread and it was helpful, to see that the feelin I am having now you went through and hey...you won..I am feeling GOOOODDDDDDDD.

Spids

[spidy_em]

Hello all, I am in the process of doing the AQ nad have filled everything out except section F- I have sent the list of charges, interest and the reason for claiming...should i be sending anything else?

section G- I do not have a sols, but have incurred costs- this was one of my points in the POC- costs and interest.

section H- documents? other than the standard POC info.

I am sending this through small claims ( £4704.65) then it puts it over with the interest. The AQ from sent to me was a N150.

I have yet to send an acknowledment to cobbits about their defense. Can i follow your line if letter cheddar? Is it a standard letter of defense ( likely it is, I just want confirmation it is)

Spidy- just needing some TLC:confused:

[spidy_em]

Our client: National West

1'"

We refer to the above matter. '• *,

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 committed to ensuring the transparency of the information that it gives to its customers about the operation of its products. As such, our client does not believe that your claim has any prospect of succeeding.

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 £3,000.

Acceptance by you of this goodwill payment will be in full and final settlement of your claim against our client and strictly on the basis that:-

 

1

you agree not to disclose to any third party the fact of, or any details relating to, this payment: you write to the Court withdrawing your claim.

 

Whilst this letter is written without prejudice save as to costs, in the event that you decline this offer, we will draw this letter to the Court's attention on the basis that we hold the firm view that this offer is entirely reasonable in the circumstances.

We look forward to hearing from you.

 

 

I got this letter today...yawn...i have to put my AQ in by the 11th. does this deem a response? Looks pretty threatening....mind you thye said they would meet me in court...hummmm....

[gizmo111]

Its their standard 50% offer - you are getting there - try the letter below for a refusal of their offer.

Thank you for your letter dated 24th October received by myself today.

I accept your offer of £3000, as partial settlement of my claim, on the understanding that I will pursue the remainder through the court. I am confident that should this matter proceed to a hearing I will win, unconditionally.

To clarify, I will consider the claim to be settled in full and will inform the courts accordingly when I receive payment of the full amount on the claim including costs and interest. At today’s date this is £xxxx and is continuing to attract interest at a daily rate of £xx

Furthermore, I am 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 £xxxx in order to be afforded this privilege by myself.

I look forward to your prompt response in settling this claim

[spidy_em]

"unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxx in order to be afforded this privilege by myself."

so in this part I am looking at only in the case of them settling in whole plus costs- I agree to not disclose the amount to anyone- abit late no? I will respond using the same format, cheers for that. I do not understand the last bit though- am I just saying I may or may not disclose and it will beup to me whether or not I do?

Just reminder to myself- the daily interest is the used to calculate the chrages or the 8%-? or is it the same- scary I know-ok thye are the same? sorry the last bit here is doing brain fry.

Oh yes the AQ went in on Friday- Cobbits have given me till Tues- should I mentuion tis as well?

Thanks for the help!!

Spidys- chowing down on some rations

[spidy_em]

Good news- settled in full £ 6011.74!!!!!!!!

[livelylad]

congratulations

please complete our survey.

[Guest NATTIE]

congratulations!!

[petrafyde]

Good news- settled in full £ 6011.74!!!!!!!!

 

 

Congratulations!