Pot-less v Natwest.

[pot-less]

I have sent my prelim letter (19th October) and my LBA (08th November) and had two standard "on ya bike" letters from Stuart Highley, as expected.

I am now in the process of sorting out my court claim documents and printing the helpful info from this site for my reference. To be honest the more I read the templated in this site the more scared I get! I have no clue about courts and legal matters, it's all really cunfusing to me.

I have done my spreadsheet and included the 8% as advised.

I have also filled in the PDF claim form from the link here (as I need to pay in cash)

Can I just confirm (for safetys sake) with someone in the know -

Claiment - Me

Defendant - Natwest

Brief details of claim - Refund of unfair bank charges???? (No Idea what to put here)

Value - Total claimed (incl. 8%) ????

Claim does not include issues under the human rights act

Particulars of claim (printed from Library) copy and paste or attach sep. sheet??

 

I'm sorry about all of the questions but I'm not a confident person at all and I really don't want to screw this up.

Thank you

[pot-less]

Also I have read that others have been made partial offers - I haven't had anything like this, just the letters from Stuart Higley. Does this mean something bad??

[pot-less]

Sorry - another question :o

Re: paying court fees. My partener works but I don't (full time mum of 2) so do I have to pay the court fees as my partner has a salary or not because I don't have a salary??

[hagenuk]

Claiment - Me Yes

Defendant - NatWest NATIONAL WESTMINSTER BANK PLC

Brief details of claim - Refund of unfair bank charges???? (No Idea what to put here) MONEY CLAIM AS OUTLINED IN THE PARTICULARS OF CLAIM

Value - Total claimed (incl. 8%) ???? No, put here the amoung of your claim without interest, as a figure, for example £4139. Then, under that put this text.

 

"Interest pursuant to Section 69 County Courts Act of £935.11 or at such rate and for such periods as the court deems just and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 91p"

 

 

Claim does not include issues under the human rights act Correct, tick NO

Particulars of claim (printed from Library) copy and paste or attach sep. sheet?? Yes

 

Not receiving an offer means nothing, carry on with your claim.

 

Regarding court fees, look here http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=168 for the form EX160 and see if you qualify for a fee exemption or remission.

[ataction]

You may be exempt from court fees if you are receiving benefits or low income. Have a look on the HMCO home page. Your fees will be refunded whne you win.

[pot-less]

Sorry me again! :o

 

"Interest pursuant to Section 69 County Courts Act of £935.11 or at such rate and for such periods as the court deems just and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 91p"

 

I have not claimed for the debit interest on my account just the 8% that is now to be included. In the sentence above should I change the £935.11 to the ammount of my 8% total or leave it out. (sorry - I don't really understand the sentence)

 

Also for the total at the bottom does the same apply re not adding the interest? So I put the basic total then the court fees?

 

(sorry - I know i'm rubbish at this!)

[hagenuk]

This paragraph relates to 8% statutory interest only. To calculate this, take your claim amount and multiply by 0.00022 to get the daily rate in pence and fill it in where above it says 91p.

 

The £935.11 above relates to the 8% on each charge and should come from your spreadsheets.

 

In the "Amount Claimed" box on the bottom right of the N1, put your claim excluding interest again, then court fees underneath - the interest will be added by the court and will also be detailed in your POC overleaf.

[pot-less]

Thanks very much. All done and printed off. Just got to take it to the court now - scary!

Thanks you

[hagenuk]

Take three copies, one they can stamp and give you back there and then and the other two they keep. Make sure you also include copies of your letters to the bank, prelim and LBA and spreadsheets detailing the charges.

 

Also take a look at that EX160, you may qualify.

[pot-less]

I served papers at my local court and received the acknowledgement from cobbetts dated 14/12 (was hoping they would not get in by the xmas eve deadline - damn!)

So now I have until 11th Jan before anything else can happen.

I am fully expecting them to enter a defence (although I will be at the court first thin on the 12th just in case they don't) So I want to be prepared in case this one goes all the way.

I guess my daft question for today then is this:

When it is mentioned on this site about taking copies of all your papers into court so everone can look at a copy, what papers is it I should be taking??

I've got all my correspondance re this case (prelim, lba etc) what else should I be preparing??

Also - on here it says that its not enought to just say "we all know it doesn't cost £30 to send an automated letter" - so what on earth should I be saying?

 

Thanks in advance to anyone who can offer advice. Happy New Year to you all!

[cheddar]

Theres not much point in going to court on the 12th as the courts normally give the banks some leeway with dates (not exactly fair I know).

 

Not sure what you mean about taking papers, I presume this is the Court Bundle you should prepare if you actually get your date for a proper hearing in court? http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html?highlight=bundle

 

I also don't know what you mean about 'what should I be saying?' ...to whom are you saying anything to? I think you are jumping ahead of yourself a little. It is extremely unlikely that NatWest will go to court as this means they have to explain their charges to the judge and they are unable to do so. Hence why everyone gets their money, but theres nothing like being prepared so if/when you get a date for court then prepare your bundle and take it from there.

[pot-less]

Thanks for your reply Cheddar. I know I'm probably jumping ahead of myself quite a bit but I'm just really scared Also I have two small children so I have to grab time to prepare all of this stuff as and when I can - I just don't want to screw it up.

 

I have just read through your story - it's very inspiring. I hope I get there too!

[pot-less]

I have received the Defence from Cobbetts this morning.

 

They have asked me to reply, acknowledging receipt.

I think (and hope!!) its the usual copy everyone has received. ie: point one states that "In the event that the claimant does not properly particularise her claim then the defendant will apply to stirke out the claim and/or for summary jusdgement in respect of the same" (even though I have sent my schedule of charges twice!)

 

So is there a standard reply I should send them?? and do I send it to them our the courts??

I am under the impression I should reply to the courts and cc Cobbetts but just want to check first

Also is this where I let the courts know that they are trying to intimidate me or has that bit not started yet

 

Thanks in advance!

[pot-less]

Anyone ???

[hagenuk]

Hi

 

Please post the defence up here, removing any identifying details of course.

 

Or is it just four or five paragraphs of almost unintelligible waffle?

[pot-less]

Ok here goes:

 

Defence

 

1.This defence is filed without predjudice to the defendant's case that the particulars of the claim do not disclose reasonable grounds for bringing a claim against the claimant to recover the bank charges (and interest thereon) referred to in the particulars of claim or any other sum(s). In the event that the claimant does not properly particularise her claim then the defendant will apply to strike out the claim and/or for summary judgement in respect of the same.

 

2.On allocation the defendant invites the court to direct that there be a case management conference in order fot the court to consider the making of appropriate orders to give the claimant the opportunity to properly particularise her claim.

 

3.No admissions are made as to what charges have been debited to the claimants bank account.

 

4.In relation to the allegation that the contractural provisions pursuant to which the charges have been applied are unenforceable by virtue of the unfair contract terms act 1977 ("UCTA 1977") and/or the unfair contract terms in consumer regulations 1999 ("The Regulations") and/or the common law, the claimant is required to identify:

4.1 (a) the section(s) of the unfair contract terms act 1977 ("UCTA 1977"): (b) the regulations of the unfair contract terms in consumer regulations 1999 ("The Regulations"): and © the principles of common law relied upon by the claimant in alleging that the contractual provision(s) referred to are unenforcable; and

4.2the contractual provision(s) that the claimant allege are invalid by refence to UCTA 1977 and/or The Regulations

Until such time as these sections/regulations/provisions are identified the defendant cannot (save as appears below) plead to the allegation referred to in paragraph 4 above. The defendants therefore reserves its right to plead further to the allegation once (and if) the claimant identifies the relevant contractual information.

 

5.Save as hereinbefore appears the defendant joins issue with the claimant on her claim(s) and denies that it is liable to the claimant as alleged or at all.

 

Statement of truth

The defendant believes that the facts stated in this defence are true. I am duly authorised by the defendant to sign this statement

etc, etc, etc

 

Is this standard?? (i don't actually understand a word of it to be honest!)

Are they just trying to put me off at this point?

 

I have not had an AQ request with this either

[hagenuk]

Perfectly standard and the AQ will come from the court, probably with another copy of this defence.

 

Perhaps I should have asked you to post your Particulars of Claim first, but just in case, please post them now, again removing any identifying details.

[pot-less]

Received the defence (see above) from Cobbetts yesterday, dates 3rd Jan.

Postman has just delivered another letter from them. This time offering me just under half the ammount owed to me. written on the 4th Jan! If the are so confident that I do not have a case then why are they offering me money to go away??

 

What's my next step. I have yet to acknowledge receipt of the defence and now I need to refuse this too (by 11th Jan apparently!)

[pot-less]

My particulars of claim were the one from here (copied and pasted) have I done the wrong thing??

[hagenuk]

Not at all, don't worry - everything is progressing as it should. The offer letter is also quite standard, albeit insulting and a possible breach of CPR.

 

You should decline their offer using the Rejection Letter in the templates library.

[Deller]

Or you could send this letter:-

 

Thank you for your letter dated xth January 2007.

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, interest and court fees, which together with the daily rate of £0.XX now total £xxxx as of XXth January 2007.

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentiality clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust this clarifies my position.

 

Yours faithfully

 

[pot-less]

I have copied each letter (acknowledgement of defence and rejection of offer) to the court. Is this covering letter ok?

 

Dear Sir / Madam,

Claim No: ********

Please find enclosed copies of correspondence that I have sent to the defendants solicitors, Cobbetts LLP, for your reference.

Yours Faithfully

[Deller]

Yes, seems fine!!

[pot-less]

Hi everyone!

 

I have now received the AQ from the court. I'm sure I saw a bit on here to help fill it in but I keep clicking things and getting lost - can anyone point me in the right direction for it please??

 

Also my deadline is end of Jan for returning the AQ should I hold out til the end of Jan before returning it or do Cobbetts wait til it's been filed before they do anything anyway?? (it's a pain in the A**e as I have no money at all so have had to borrow the court fees so far from my daughter - she is only four, bit of a crap position to be in really. I didn't really want to borrow another 100 from her for the AQ but if it has to be done - so be it! At least she'll get it back WHEN i get the refund)

[pot-less]

Managed to find the AQ hing again without getting lost!

 

Can someone just give me a few pointers on the info there though please:

I have an N150form

 

Section D What amount of the claim is in dispute? Can I just confirm that this includes the 8% interest up to todays date??

 

Section F - Proposed directions. What are these and should I have any??

 

Other information. Should I attach another copy of my schedule of charges (for the 4th time) just to be on the safe side?

 

Thanks:confused: