Dunn v Natwest

[trish dunn]

Dunn v Natwest

 

Claim number: 6QZ87786

Issued: 2.10.06

Court: MCOL

Charges: £4594.00

Interest: £367.52

Costs: £120

Total Claim: £5081.52

[trish dunn]

Hi everyone. Just wanted to update. I've just received the Acknowledgement of Service to which NatWest has replied that they intend to defend the entire claim, which was expected. I've chosen to go the MCOL route, bypassing the N1. I did, however, use the template in the particulars and have chosen to include the statutory interest. Should I go ahead and include an N1 as a late disclosure, hoping to preempt any stalling tactics? Or should I just wait and see what they decide to do? I've already sent a schedule of charges (date, their type of charge and amount) to Stuart Higley (Who I have to admit has been quite polite and helpful under the circumstances, especially in comparison to many of the posts I've read!) Northampton County Court and Cobbetts.

 

Is there anything I can do now to help my claim other than wait?

 

Any help greatly appreciated!

 

 

BTW, Thanks to Westy for the incredibly helpful thread!

[ataction]

I am slightly ahead of you in terms of progress, but similar claim and submitted on line. I think when you get the AQ is the time for more specifics, but there is little else you can do to speed the process.

[Deller]

You say you used MCOl, which means you wouldn't have been able to attach a copy of your schedule, therefore its probably a good idea to forward a copy of this to the court asking them to attach it to your claim. Remember to quote your claim number.

 

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

[ataction]

Now i think she said she had done that.... you are speed reading again Deller.............

[Deller]

Now i think she said she had done that.... you are speed reading again Deller.............

 

My mistake.....things are a little blurry this morning!! LOL

[trish dunn]

Hey! Thanks for having a look. So what do you think? Pre-empt with an N1 or just wait it out? I expect that there's a good chance of my having to do the CPR18 and AQ.

[trish dunn]

Ataction-

So sorry! I see where you have already answered my question. I didn't see it before. So I guess it's just a waiting game for now.

[trish dunn]

Well, I know it's been a long time since I've posted... I'm still waiting for the defence. I really don't know how this will work with the holidays etc. Their 28 days is up on the 30th. Maybe they'll try and use the holidays as a stalling tactic. In so much as they may try and file it after the fact sighting the holidays as an excuse in some way. I don't know. I've not had any correspondence from anyone on NatWest's end since filing. Just a bit curious as to what will happen.

 

Hey- Merry Christmas everyone!!! I skulk a lot and rarely post, so sorry it's late. Hope everyone has a lovely Holiday and wonderful New Year!!!

 

: )

[Deller]

Merry Xmas to you too Trish.

 

I think the courts may allow an extra two days grace due to the Christmas hols.

[trish dunn]

OK, I've received the defence. It's 4 pages long and seems complicated, as I expected it would be. Strange, even though I've been reading about this and expecting it for weeks now it's still confusing. It seems to have all the main bits of 'not enough information to defend' and a few new bits that I need help with.

Although they've sent a defence, they've not requested an AQ nor a CPR18. Would this typically arrive along with the defence? Or should I expect it at a later date? What do I do now?

[Deller]

The cpr18 would normally come with the defence, whereas the AQ usually does arrive a bit later. You need to just wait for the AQ to arrive now.

 

Are there any worrying points on the defence?? If not then just acknowledge receipt of it.

[dantracey]

hi trish yours seems to be the same 4 pages as mine,proberbly word for word.I didnt get cpr18 request either, hopefully we should get aq sometime next week.

[trish dunn]

I've started a blog. I've scanned and uploaded my defence. Have a read if you're interested and PLEASE comment if you have any ideas.

 

Thanks!

Trish

[trish dunn]

sorry. bad idea.

[cheddar]

lol no worries i am sure it the same standard defense they send to everyone, i didn't get a cpr18 and only got an AQ at the last moment.

[trish dunn]

OK. Decided to post the defence afterall. I'm hoping it will be a benefit to us all, really, if only to show how similar they all are.

 

Page 1

Page 2

Page 3

Page 4

Page 5

 

 

Hope this helps someone. And if there's anything glaringly obviously different.... let me know!!! : )

 

Trish

[trish dunn]

lol no worries i am sure it the same standard defense they send to everyone, i didn't get a cpr18 and only got an AQ at the last moment.

 

 

Hey Cheddar-

I've decided to post it anyway. Hope it helps! I haven't received an AQ yet either. I have used Westy's letter as a template to respond to the defence. It's a fantastic response!

 

Anyway, that's what's happening so far.

[trish dunn]

I received the AQ today. Although I've filled it out already, I am feeling apprehensive regarding the response to the defence. I'm just worried that I may not word things appropriately and lose because of my inability to grasp and respond to the legal verbage.

 

Anyway. That's where I'm at now.

[Deller]

I've responded to your querie in Dantracey's thread.

 

Don't panic, you're doing fine!!

[trish dunn]

Thanks, Deller. As long as I've been reading and posting, I've always felt pretty confident. Textbook twitches, I'm afraid!

[Deller]

No probs Trish!!

[trish dunn]

Cool beans. I have a question, or several. Can you help?

 

1. how do I address this problem? And is it too late to ask for contractual (?) interest (the interest they charged me 28% or thereabouts) rather than the 8%?

 

2. In the AQ, when it asks about 'directions', is that where I would request full disclosure? It's early, so I'm sure there are a few other things that might need to go there, but I can't think just yet. Need coffee!

 

I know I'm not required to acknowledge or reply to the defense as of yet, but I used MCOL... nad am feeling vulnerable that I've not included all the information that an N1 could have allowed. I'm thinking that if I respond, like Westy, to the defence it may stave off any horrible outcomes due to my lack of knowledge.

 

What do you think?

[ataction]

It is too late, because this is is a fundamental change to your claim. You would have to discontinue this action and recommence a new action based on the revised premise.

 

Other than that you are on track.

[Deller]

OK Trish,

 

1, I'm afraid it is a little too late for amending this as you've already submitted your claim through the courts. It would mean withdrawing your claim an starting again.

 

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:

 

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!!