Ruth vs NatWest - not sure what next??

[Deller]

I seem to be in the same sort of boat as you to some extent. My OH is also five and a half months pregnant, and if she had her way I would have accepted the previous offer of around 50% of what I'm claiming.

I wouldn't say it gets overly stressful, more exasperating, just when you think Cobbetts are gonna miss a deadline they get their response in right at the last minute. They've just done it again yesterday by returning their AQ.

I havn't received any sort of threat about bank account closure by any means, although this could be as I have a personal loan with them and they are insisting that all payments can only come from that account, but thats another story.

I think it would be well worth your while to hang in there and go for the full amount, you probably wont get paid out this side of Xmas if you choose to carry on, but it will be a bigger payout when it comes. Don't forget that now you've filed your claim through the courts you're claiming the 8% also, and this is going up daily. The longer Cobbetts put off settling, the more you'll get.

 

Stick with it!!

[Deller]

With the offer letter, was there a deadline for accepting the amount?

[Deller]

I'm really glad you've decided to go all the way, the banks deserve everything they're getting, and we deserve all our money back.

[Deller]

When you filed your claim with MCOL you should have received a Notice of Issue from the court through the post, you will find the deemed served date on here.

 

Just to clarify for you though, the deemed served date is 5 days after the date you filed your claim. The defendant will get 14 days from this date to acknowledge the claim, then once they've acknowledged they will get a further 14 days to submit their defence.

So in total they get 33 days from the date you filed your claim to the deadline for their defence.

 

You also need to send a copy of your schedule to the court and ask them to attach it to your claim, send it with this letter:-

 

 

 

(YOUR ADDRESS)

The Court Manager

Money Claim Online

Northampton County Court

21-27 St Katherine’s Street

Northampton

NN1 2LH

 

(DATE)

 

Dear Sir/Madam

 

(YOU) –v- (BANK)

Claim No: ********

 

I have today requested the issue of a County Court claim via the Moneyclaim online service, details as above.

 

Please find enclosed a schedule of the money taken from me by the defendant bank by way of charges, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached with the particulars of my claim.

 

 

Yours Faithfully

 

(YOU)

[Deller]

See here for the cpr18 response

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html

[Deller]

Yes you really should send a copy of your schedule to the courts, you should also send a copy to Cobbetts along with the cpr18 response.

[Deller]

No, just send the response to cpr18 request as posted previous.

[Deller]

OK msrlmoss,

 

1, Don't get nervous you're doing fine, we're with you all the way!!

 

2, In regards to the AQ

 

See here:

Allocation Questionnaires - A guide to completion

 

You could also propose a Draft Directions Order:

New strategy for Allocation Questionaires

 

Other Information - Section G:

 

 

Quote:

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.

 

 

It's a bit of squeeze, but very important you enter all the details.

 

Include copy of schedule

 

Cheque to HM Courts Service

 

Fee will be added automatically to your claim

 

Send copy of your AQ to Cobbetts

 

Hope this helps!!

[Deller]

Not a problem, I know how your feeling as my OH is in the same position as you!!

[Deller]

Don't panic, this is typical scare tactics from Cobbetts, they're refering to the cpr18 request which you've replied to stating that your not willing to answer this. This is all fine and the courts are totally aware of this matter. Now both the AQ's are in they'll go before the judge for directions. Ignore their request and sit back and wait for notification from the court or your cheque. You're nearly there now!!

[Deller]

It certainly wouldn't hurt to phone the court.

 

It does seem to vary between claims on what timescale they settle at, but you are certainly at the latter stages now so shouldn't be too long.