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Ruth vs NatWest - not sure what next??


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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)

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Ah well this morning I got a letter in the post from... Cobbetts. Had to go to my driving lesson straight after so haven't had time to read it, but it's a part 18 request, so I'll have a read later and then come back here for a mooch round to see what I need to do... still at least it means the ball is rolling now.

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IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Brill, will have to do this all when I go back to work though on 2nd Jan as have no printer at home.

 

By the way, I'm a bit behind the times, but noticed today that you won your case! Congratulations, you must be well chuffed! Gives hope to the rest of us :)

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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.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Many thanks, I am going to do it today at dinnertime.

 

Now I now this is a really stupid question, but the letter I got from Cobbets was marked part 18, but it also says it's their defence. The two are the one and the same aren't they? I don't need to do an extra letter do I?

 

Sorry just having a bit of a panic; the letter is so formal it's a bit scary!

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

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Right, I've done it now, it's in the post! :eek: I'm nervous - but at least it's out of the way!

 

Have to write the letter to the court now, also they sent me a questionnaire to fill out so I'll have to look at that over the weekend and get it done Monday. The court wants another £100 as well, how would I go about getting that back if - sorry, when! when! - I win?

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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!! :wink:

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Deller1 you are a star!

 

I will read those links tomorrow when I am a bit less knackered! I feel like I am getting heavier and heavier every day. Ha ha, can you imagine if it did mean us going to court hopefully people's sympathies would be with the gigantic pregnant woman and not with the faceless corporation!

 

Thank you very much for this!!!

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

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Sorry to be a pain again, I have sent that letter to Cobbetts now.

But there is another letter on the forum which is "letter to court re: Cobbetts cpr part 18 request". Do I send that as well and copy in Cobbetts?

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That's really up to you.

 

It's not really essential as the court will be aware that the Part 18 request isn't necessary but on the other hand it won't harm your case if you do send it.

 

Paul

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Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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  • 2 weeks later...

Arrgh! Help, I got a copy of Cobbett's allocation questionnaire in the post just now.

 

In the "other information" section they have written:

Case Management directions cannot be proposed until the Claimant serves a Reply to the request for Further Information which was due on 12 January 2007. In light of this, the defendant may amend its Defence or apply to Strike Out.

 

Now, they sent this questionnaire back to the court on 17 January, so it's like they're saying, on 17 January, they haven't had my reply.

 

But I wrote back to them on 7th January, I think it was, and sent my letter first class, so they should have had my reply well before now.

 

So what do I do now? Do I need to send them my reply again? Are they saying they haven't received it, or is this a usual delaying tactic?

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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!!

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Oh I get you they're not saying they haven't received the letter, they're saying that I haven't replied in whatever way it was they wanted me to.

 

Phew that is a weight off my mind, I was proper stressing out when I got that letter this morning!!!!

 

Thanks very much, I will sit back and wait now!!

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hi msrlmoss

received exactly same on my AQ. My dates correspond exactly with yours and acording to my thread there is another 3 more in the same boat think the court will be busy tommorow

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You know I do wonder, at what point the courts are going to get fed up with all of this and come down on the banks like a tonne of bricks, like you say, the courts are going to be dead busy over the next few days! Why do the banks keep going through the motions when so many people have won their money back? Surely they must have to pay a fortune in Solicitors' fees? I don't get it!

 

Ah well, let's keep our fingers crossed.

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The ironic thing is they give you a cheque it goes straight back into some bank account probably theirs they dont actually miss it, unless you withdraw the lot and go wild!

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