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    • you didnt read the full post of our claimform response template then...^^^   nor did you read the full posts of the link where you originally gave us the details of the claim.   in red at the top it says you do not wait to file a defence etc.   sorry but numerous times here i pointed out you were making schoolboy errors from post 1 . but it didn't sink in...   anyway. not much you can do now unless you want to risk another £255 that you might not get back to set aside the default judgement.   get the CCJ settled NOW as it cheaper and it will not show on your credit file and hurt you you have 28 days from the date on the default judgement letter.  
    • i thought i had to complete AOS by 33 days, and that was my reply to the  claim form   can i apply for judgement to be set aside?
    • No you acknowledge the claim, then you submit a short holding defence by day 33, usually 3 lines is sufficient, by not doing that Simple got  his payday, with little or no option but to pay it within 28 days of Judgment or have trashed credit for 6 years if its Registered.
    • SCHEDULE 1 Section 4(3). INSURERS’ REMEDIES FOR QUALIFYING MISREPRESENTATIONS PART 1 CONTRACTS General 1 This Part of this Schedule applies in relation to qualifying misrepresentations made in connection with consumer insurance contracts (for variations to them, see Part 2). Deliberate or reckless misrepresentations 2 If a qualifying misrepresentation was deliberate or reckless, the insurer— (a) may avoid the contract and refuse all claims, and (b) need not return any of the premiums paid, except to the extent (if any) that it would be unfair to the consumer to retain them. Careless misrepresentations—claims 3 If the qualifying misrepresentation was careless, paragraphs 4 to 8 apply in relation to any claim. 4 The insurer’s remedies are based on what it would have done if the consumer had complied with the duty set out in section 2(2), and paragraphs 5 to 8 are to be read accordingly. 5 If the insurer would not have entered into the consumer insurance contract on any terms, the insurer may avoid the contract and refuse all claims, but must return the premiums paid. 6 If the insurer would have entered into the consumer insurance contract, but on different terms (excluding terms relating to the premium), the contract is to be treated as if it had been entered into on those different terms if the insurer so requires. 7 In addition, if the insurer would have entered into the consumer insurance contract (whether the terms relating to matters other than the premium would have been the same or different), but would have charged a higher premium, the insurer may reduce proportionately the amount to be paid on a claim. 8 “Reduce proportionately” means that the insurer need pay on the claim only X% of what it would otherwise have been under an obligation to pay under the terms of the contract (or, if applicable, under the different terms provided for by virtue of paragraph 6), where X = Premium Actually Charged/Higher Premium x 100  
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mattpj

mattpj v natwest

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I have now thanks a lot. I also got the CPR bundle and its from the newcastle upon tyne court. Do I ignore this bundle and send the letter to cobbets? Also do i need to send anything to the court?

 

Matt

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I sent it off on friday, now what happens?

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Hi guys

 

Received a new letter from cobbetts with Natwest's Allocation questionaire. In the Other information it says this statement :-

 

Case managment directions cannot be proposed until the Claimant serves a Reply to the Request for Further Information which was due on 28 February 2007. In light of this, the Defendant may amend its Defence or apply to strike it out.

 

What do I need to do next ladies and gentlemen? I am very concerned, I do have proof of postage for the reply to the CPR 13.

 

Also, I received an offer that I declined from the bank directly for 2110 total claim 2560 atm.

 

Any advice and suggestions.. I hope this is just usual delaying tactics

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Spoke to the court directly they are saying it is essential to fill in the allocation questionaire and that I would have to pay 100 quid :( god i am so fricking lost its untrue

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Ok got my head around all the section of the questionaire. But need help with section G will this do from another thread?

 

The Claimant proposes the attached draft order for directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objectives to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expeditiously.

 

- The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's.

 

- In the event that the Defendant's charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

Thanks alot guys!

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This should help you with your 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!! :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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deller top post again. Thanks for putting me at ease

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