Pot-less v Natwest.

[hagenuk]

First of all, don't panic.

 

Nat West will dislike any potential allocation to Fast Track much more than you ever could.

 

I am sure that the Judge is not taking the banks side and as I said, this is going to bother the bank much more than you think.

 

One of the elements of a Fast Track case is the issue of disclosure of any documents that the parties intend to rely on, this is referred to as "Standard Disclosure" and this means that the bank will have to disclose the true cost of each and every charge they have made to your account.

 

Do you really imagine that they will do this?

[fendyweather]

Ha Ha Ha Ha Ha Ha. Sorry Im laughing. I know this is a serious business. But as Hagen says above. Banks disclose charges, Ha Ha Ha Ha Ha Ha . Sorry mate, just wont be happening............... expect your cheque at that point. Lol. Fendy xxxxxxxxxxx Stop it, my sides are hurting now. Lol. xxx

[fendyweather]

Please please please dont be fraidy. Theyre just people. If it helps, imagine them sitting naked wearing nothing but feathers on other end of phone. They are no better than you. Honestly. Theyre hoping you will cave at the thought of actually having to either appear or speak. DO JUST THAT. Dont be scared. You dont need to be a super legal brainer. Just stand up for yourself and be respectful. But Im guessing the call wont happen or if it does it will be v.v.v. brief. Please, you can do this. You are strong. You have come so far........... dont chicken it now. YOU CAN DO THIS................... TIS PEASY, THEYRE JUST PEOPLE. NOTHING MORE.

[pot-less]

Thanks both of you!

Sorry if I seemed a little glum but this is just one of many things that seem to be going wrong for me at the moment!

 

So are you saying that at the telephone conference I should be ok with going down the fast track route rather than fighting for small claims?

If I went down the fast track route and lost (i know, i know - but lets just test from every angle, I told you I was feeling glum!) could I end up having to pay their costs?

(just off to look up what the diffence between small claim and fast track actually is on t'internet!)

[fendyweather]

Nope, you should be ok because the amount your claiming is less than amount that would mean you are liable for charges. Relax. Tis a walk in the park. Deep breaths, dont get flustered, just think in your mind. Im right, theyre wrong, Im right, Im fighting for what is right. Dont be glum. You are picturing a mountain to climb in front of you and you are so nearly at the top already. Agree to setting up phone conference and go through with it. The judge wont let them blind you with science. Its straight forward. And anything you dont understand just ask them to repeat, no matter how long it takes. The court process is for you to understand as well and they have to take a little pity on us mere mortals when it comes to the legal stuff. Just be confident, polite, slow down, take it in, and stop worrying. They may not even go ahead with phone thing. they may cave before then but the main thing is dont panic. Just make plenty of notes if you need to, and be calm. Its so easy to stay calm when you know you are right and they are wrong. Please dont be scared. Really no need to be. Fendy xxxxxx

[pot-less]

Hi everyone!

Nothing has happened in the last month. I've heard nowt from Cobbetts so I am just assuming that the telephone conference will go ahead.

Do I need to do anything in preparation do you think? I wouldn't need to do my court bundle for this would I?

 

I know I have a little while to go yet as the court thing is not until 18th May but I am off on a break soon and want to get my head straight so I am ready for it when I get back!

[fendyweather]

Hi Potless............. If I were you I would ring Cobbetts and just confirm with them that everything has been set up for the phone conference, i.e. giving them your phone number etc. etc. where you will be for the conference to take place.................... I personally believe they will settle before then by cheque, but in order for them to know you are not frightened of this phone conference thingy, just phone them and speak to whomever is dealing with defending the case there, and ensure they are aware that it is their job to set up the conference, and ensure they have your phone number etc. so they cant say you didnt provide this. Plus it lets them know you are not frightened and you do intend being there for the phone conference. You dont have anything to worry about at all. Have your file of paperwork ready by the phone just in case you need to refer to anything the judge asks, but personally I believe this is purely like I have, a telephone conference about which direction the hearing will take, i.e. fast track, small claims, and any further directions relevant to the case. I really dont expect Cobbetts to go through with this with you, but be prepared. They just might............ but theres nothing to be frightened of. Just make notes whilst the conference is under way, so you know what the next step is when the judge has spoken. But you do need to either speak to Cobbetts or send them letter ensuring this conference has been set up and ensuring you copy the court in with any letter to send to them ensuring you include your phone number where you will be on the day of the conference to take the call. Its their job to set it up so show them youre not backing away from this. All the best, chin up, will be a piece of cake. Fendy xxx

[pot-less]

Thanks - that's a good idea!

(i have just spoken to the court to ask a few questions. up until now I thought I had to go to the court for this - the lady has just told me that cobbetts have to ring me I'm so dim!!)

 

Would it be best to put this in writing so that I can put a copy in my file?? (also then I can't get tounge tied on the telephone and screw it all up! )

[fendyweather]

Youre not dim. Stop worrying. I can almost hear the fear in your voice.......... I would do both things. i.e. ring Cobbetts today, about this phone conference, and basically ask them if they are organising it, and when will they let you know its all been set up for the date and time requested by the judge. And also put it in writing to the court judge too, starting off with something, like

 

further to our telephone conversation today wherein I requested you to organise the telephone conference for such and such a date........... I just wanted to follow up in writing.

 

Ensure you copy the court in with this letter that you send them. But the reason I would ring is purely because if you ring them, you are showing your assertiveness in that you are not frightened of them and thus showing them you will not be scared off by a phone conference. I know you might be shaking in your shoes, but dont. They are not going to blind you with science, and if they try, simply say:

 

"Im sorry, can you speak to me in plain english as I dont understand legal speak", that will also show them you are not frightened of them. Please potless, ring them. They are only people, you have nothing to fear. And by ringing them they will know you are not a scaredy person who is gonna back down. That phone call might just get you your cash that little bit quicker once they can see you are assertive and going through with it every step of the way................... it may actually stand you in better stead to ring them, and also for proof of the conversation, follow up with a letter to them, and a copy to court......... PLEASE DO IT. FOR ME............ BE BRAVE. YOU CAN DO IT. DONT BE FRIGHTENED. ITS YOUR MONEY, NOW GO AND GET IT AND SHOW THEM YOU ARE NOT SCARED OF THEM. YOU WILL BE SO PROUD OF YOURSELF AFTER ITS OVER................... PLEASE, PRETTY PLEASE WITH CHERRIES ON. RING THEM, YOU WILL BE GLAD YOU DID.

 

Fendy xxx

[pot-less]

I've just done it (yay - brave ol me!)

 

I've been told that they will be in touch closer to the date of the conference with all of the details - but I still gave her my telephone number just to be sure they have it

 

Will follow up in writing (I even remembered to take her name!) and copy to the court. Something along the lines of:

"further to my tele con this morning with 'cobbetts lady' I understand that you will give me notice before the date of the tele conference that this has been arranged as requested. I have also, during our conversation, provided you with my home telephone number"

 

Sound ok???

[pot-less]

Is there any way I can get "out of my depth" taken off of my thread title?? - it's making me sound a little weak - I need to focus on strong and brave!! lol!!

[fendyweather]

Sounds spot on Potless. Well done.......... Im soooooooooo proud of you. You might have just earned yourself the cheque early. Notes cobblers now making on Potless' files: THIS PERSON ISNT SCARED, THEY RANG TO SET UP PHONE CONFERENCE, THEY ARE A FIGHTER, NOT A WIMPY........... Yaaaaaaaaaaaay Potless. BL**DY WELL DONE......... IM SO PROUD OF YA.

 

Fendy xxx

 

Now follow it up with that letter, and copy to court........... All the best.

 

Fendy xxx

[fendyweather]

PM a mod and ask them to remove it......... I agree, get it taken off........ you are now strong and positive all the way. I really am so proud of ya. Really truly. Well done. See youre learning new things about yourself all the time during this process. You are learning that you can be strong and you are assertive when you have to be. Well done. xxxxxxxxxxxxxxxxx seriously. Fendy xxxxxxx