Us Vs THEM - let's get ready to rumble, etc

[KeithL]

OK, I've already done the Prelim and LBA. Prelim got a reply outside the deadline, spouting on about terms and conditions, blah, blah, blah. Did get another letter in the meantime - but it was just the standard jobbie, although it did offer a settlement figure (below the asking, obviously), so this was kindly refused.

 

So off went the LBA - and no reply. I even gave them an extra day, just because I'm kind.............

 

Anyway - online claim is now all but finished, just waiting till later on to file it..........

 

I have to say thanks to all the people who've put together the templates that I've used so far - not to mention all the valuable help that's on the site.

 

I'll update this as and when - no doubt I'll be asking for more help once the serious issues of court start to come over the horizon............

 

[KeithL]

OK - before I hit the 'send button, here's the ammended POC (that now fits on the online form.

 

Can someone have a quick squizz through it and make sure I haven't cocked it up please..............

 

 

1. The Claimant has an account 6707xxxx with

the Defendant, opened 1988. Since 08/08/05

the Defendant debited charges and interest

in respect of purported breaches of

contract. 3. Defendant is aware of all

details as a list of charges has already

been supplied. Another copy will be sent. 4.

Claimant contends: (a) The charges exceed

the Defendant's losses caused by the

breaches; (b) The Term permitting the

Defendant to levy such charges is

unenforceable under the Unfair Terms in

Consumer Contracts Regulations 1999, Unfair

Contract Terms Act 1977 and at Common Law.

5. Claimant claims: (a) return of the

amounts debited of £1054; (b) Interest per

S.69 County Courts Act 1984 of 8% - £32.71

continuing at 8% until judgment or

settlement at a daily rate of £0.23. 6.

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. 7. Costs allowed by the

Court.

 

I know I've only done a cut and paste job, but, just to be on the safe side.............................

 

Anyway - thanks in advance...........

[Michael Browne]

Seems fine to me.

 

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, 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 to the particulars of my claim.

Yours Faithfully

 

When you receive the Notice of Acknowledgement send a copy to the bank’s solicitors.

[KeithL]

Sorry - I'm being dull here, but let me confirm - TWO copies of the SOC (the spreadsheet, I assume) to the court?? Why two copies??

 

Also, as per the SOC, do I just send a covering letter to the bank with (yet another copy - they've had two already) of the schedule?? Does this latest one include the interest, or is that one just for the court??

 

Covering letter would be something along the lines of :

 

Dear Mrs X,

 

Further to our letter dated 6 Nov 06, as we have received no reply from yourselves within the time frame specified, we have been left with no choice but to instigate legal proceedings against yourselves to reclaim the money as listed in the 'Schedule of Charges', a further copy of which is enclosed.

 

(You will note that interest is being claimed on all charges at 8%, in accordance with Section 69 of the County Court Act. Such interest will continue to accrue at a daily rate of £0.23 until such time as the matter is settled.)?????

 

Yours Faithfully,

 

etc

[Michael Browne]

Right 2 copies, the theory being 1 copy for the court and 1 copy for them to attach to your claim which they serve on the bank. But to make sure you send another copy, not to the bank, but wait until they acknowledge and send one to their solicitors who are actully dealing with your claim, because in all likelihood MCOL may not have sent them a copy when they served the claim.

[KeithL]

Michael - I really AM being dumb now, because I don't get your last post.

 

Let's see if I got it right.

 

2 copies of the SoC to the court. Don't bother writing to the bank, just wait till the bank's legal eagles write to me and then send a schedule to them?? Right??

 

[Michael Browne]

2 copies of the SoC to the court. Don't bother writing to the bank, just wait till the bank's legal eagles write to me and then send a schedule to them?? Right??

 

 

Yes. The banks solicitors name and address (Cobbetts) will be on the Notice of Acknowledgement sent to you by the court when Natwest acknowledge your claim

[KeithL]

Sorry for being stupid............ thanks for the help!!

[KeithL]

OK, just filed the online claim, so I guess the ball is well and truly rolling now.

 

I've printed out the letter to go to the court, covering the inclusion of the 2 SoCs (thanks MB), and that will go 'recorded' in the morning.

 

So now it's just a case of 'wait and see' .................

[KeithL]

Claim has been accepted, according to the site.

 

Any idea how long it takes to be served, as the 14 day limit for defence starts from then (as you all know;) ) - just so I can put a note on the calendar..........

[Michael Browne]

Deemed date of service is usually 5 days after you file.

[KeithL]

Cheers again Michael!! Where would I be without you on this, eh.........

[KeithL]

OK, quick update.

 

Got a nice letter from the court (well, a standard one, but you know what I mean). Claim was sent to the defendant 1st class on the 23 Nov and is deemed to be 'served' on 28 Nov (yesterday). Gnat West have until 12 Dec to reply.......

 

But this morning I got a letter off Stuart Higley (ah - him again) saying how he was prepared to offer £620 this time (up on the original £418 offered first time round) for 'full and final settlement' blah, blah........

 

He mentions things about the OFT ruling only applying to credit cards and how it doesn't apply in this case, how the charges were only levelled in accordance with times I didn't have funds in to cover, etc, etc.

 

Well, Mr Higley - if you're reading this - and to coin the phrase from the TV show - NO DEAL!!

 

You may well be 'very dissapointed' to hear that we've considered legal proceedings, but guess what?? You're too late! It's already been done.

 

And, for future reference, addressing the letter to my wife and not me or to us jointly shows a discinct lack of attention, as does making reference to business accounts when the account concerned is a joint (non-business) one.

 

If you're going to treat people with such contempt as to reply late and with a letter that isn't even personally appropriate, and then try to make out that we're stupid as to believe that our cases fall outside the ruling of the OFT, etc - then it's no wonder that so many people are pursuing these claims!!!

 

Roll on 12 Dec - let's see if Cobbetts are any quicker to get their paperwork to me.............

 

BTW - should I bother replying to Mr Higley's last effort, or just ignore him??

 

Half of me wants to write a snotty letter, but I don't want to jeopardise my case................

[Tomasz]

Well, Mr Higley - if you're reading this - and to coin the phrase from the TV show - NO DEAL!!

 

You may well be 'very dissapointed' to hear that we've considered legal proceedings, but guess what?? You're too late! It's already been done.

 

Arf arf

 

Don't bother replying to old Higley, you're done with him, it's on to the court and natwest's solictors now...

[KeithL]

Update

 

Got confirmation from the court today that 'Acknowledgment of Service' has been received by them.

 

Unsuprisingly, Nat West intend to defend all of the claim, and I see they've got their big guns on the case in the form of a 'trainee solicitor' (his own description) who shall remain nameless..............

 

Guess they've all got to start somewhere....................

[KeithL]

UPDATE!!!!!!!

 

WON!!!!!

 

Well - at least I think so...............

 

Got a letter this morning from 'Group Litigation' with an enclosed cheque for the full amount, but the letter has the conditions that I think I've already seen on here (but can't find at the moment) about not disclosing the matter to any third party, the bank not admitting liability, etc.

 

I'm happily going to bank the cheque, but, other than stopping the court proceedings, should I also write back to the bank and tell them to stick their conditions?? If so, should I hold back on banking the cheque, in case they decide to play silly beggars???

[Deller]

Well done.....a big congratulations.

 

 

Just request to call off the claim (when cheque if cleared) and fill out a Notice of Discontinuation.