Fireman V Nat West

[Deller]

The cpr18 is not always requested, but if they submit a defence, which they will, then the AQ will be the next stage.

[Firemansam]

Thanks Deller

 

Is there anything that i can do to prepare for this now whilst i am waiting for them to return the defence?

[Deller]

You can't actually prepare your AQ yet as you don't have it, but have a read through this lot and you'll be ready when it's popped through your letterbox.

 

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!!

[smirk]

I'm also at the same stage as lee_in_Wales; and we are a wee bit ahead of FiremanSam.

 

My court claim was done online on 2nd January (but it says that it was deemed to be served on 7th Jan)... so do I allow 28 days from 2nd or 7th?

 

Cobetts have replied that they intend to defend the whole amount.

 

Is it correct that I do nothing until the Allocations Questionnaire is received?

 

I wish this whole thing would settle soon as I really need the cash!!

[Deller]

Yes smirk, I'm afraid it's a case of sitting back and waiting for their defence and the AQ.

[Firemansam]

Hi

What happens if i don't recieve an aknowledgement from Cobbetts on the 14th day at 4pm is it a case that i go back to the court and file for judgement to be served or do i give them more time or is it if it is past this time period even if they send it afterwards is it still valid?

[Mupster]

Sam, they usually wait until the very last minute of the very last day.......

[Firemansam]

Well had my response through the post today you were right left it to the last minute but who cares! Into battle we must go! What should i expect next then? Just sharpening my pitchfork!

[egough]

Hi Fireman, I'm sure I'm correct in saying that you will receive from your allocated court your Allocation Questionnaire to fill in. You need to file by the date given and will cost you £100 to file it but you can claim this back. Cobbetts have to file their AQ by the same date too. Hope this helps

[muggins73]

You should now receive a Notice that Acknowledgement of Service Has Been Filed from the court, followed by a Notice that a Defence Has Been Filed alond with an Allocation Questionnaire.

 

Make sure that now you have formally filed a claim with the court it is the judges instructions you adhere to and that Cobbetts. At anytime during the above process you may receive a 'goodwill gesture' from Natwest. You are not abliged to respond to this but it is only polite. There is a 'rejection of settlement letter' in the templates section if they do not offer you exactly what is owed.read through the step-by-step-guide in the FAQs section to help refresh your memory and fill you in as what to expect.

 

Good luck with it all, and keep us posted.

[Firemansam]

Thanks Muggins/egough

 

Will sit back and wait for the next part to happen, part of me is looking forward to this! How sad am i

[egough]

I know what you mean, I thought that too but now i'm almost at the finishing post (fingers crossed) it takes over your life!!!! I'm constantly on here and almost begging the postman to ring the doorbell in the mornings!!! Good luck!

[muggins73]

Thanks Muggins/egough

 

Will sit back and wait for the next part to happen, part of me is looking forward to this! How sad am i

 

You are not sad one bit, my friend, as I'm on here more than you, so how sad am I

 

Seriously, this claiming lark is definately a mixture of nerves and excitement, I know shich one I prefer! You are doing good, so don't knock it!!!

 

I know what you mean, I thought that too but now i'm almost at the finishing post (fingers crossed) it takes over your life!!!! I'm constantly on here and almost begging the postman to ring the doorbell in the mornings!!! Good luck!

 

You're postman is lucky, mine is going to get a restraining order out on me soon!!!!!!

[smirk]

Hi Fireman....

 

See update on my page: http://www.consumeractiongroup.co.uk/forum/natwest-bank/55300-smirk-natwest.html

 

I'm in a bit of a quandry now!!!

 

Sx

[Firemansam]

Well phoned the court today to see what was happening i have apparently got to the 17th Feb until i get my AQ then fill that in and return then see what happens. Some people have been getting offers prior too and even court dates! So here is hoping

[Firemansam]

Good Afternoon

 

Well just recieved a letter back from Cobbetts saying about the claim, they are going on about the defence with regards to the POC not being properly particularised and they will apply to strike out the claim, is this standard bollox from them? is it scare tactics? Also they want me to aknowledge receipt of this defence. Do i or shall i ring them up and argue with them ref the particulars of the claim.

The only thing or problem i can see on my POC was that when listing the charges i put Referral where it said and if not i put Charges exactly like it says on my bank statements, the bank didn't explain what these charges were at the time and i had to phone up if i wanted to find out exactly what they were for? Also they are saying that the claim exceeds the six year period, can someone please confirm that this is six years from when i actually started the claim as in wrote to Nat West (Stuart Higley) of when you start the court action? They also mention that they want the court to direct this through a management conference in order for me to properly particularise the claim?

 

Any advice on the above would as always be much appreciated.

[egough]

It sounds just like the defence that they sent to me so I shouldn't worry, its another of their scare tactics. Did you use the N1 form or MCOL? I only ask as I know that when you use the MCOL there is limited space for your POC's and they can sometimes want more. You can either send them a one line email or letter to confirm, nothing more needed. As for the six years, I think I would be right in saying that its from the start of your claim, not when you take it to the litigation stage, if i'm wrong then I expect someone will correct me! x

[Firemansam]

Hi Egough

 

Thanks for the prompt reply, i used the paper format from the court, i have just read Lee in Wales thread he had the same by the looks of it so its a case of waiting now to hear back from the court with either the AQ or the CPR request. With ref to the start then i am fine as the letter was outside the six years of claims.

 

Thanks again!

[muggins73]

Hi firemansam,

 

Yep its pretty std scare mongering cobblers from Cobbetts, I'm afraid. certainly nothing to get at all worried over, providing you have indeed used the correct POC template and filled in the details correctly.

You are not obliged to acknowledge the defence, however, it is only curtious to do so. A simple two sentence letter will surfice.

Next thing you shuld receive is confirmation from the court that Natwest have submitted a Defence along with an AQ to fill in. Then expect to receive the same from Natwest and then it's a case of waiting on the judge to allocate or instruct you to particularise your claim further.

Only then do you act. Like me I paniked when I received Natwests defence, and was only too willing to respond. DON'T. Just wait, it is usually scare mongering, and the judge can normally see right through it. I received my court date for May and had my claim settled in full this week, just before I had to send in my court bundle.

Have faith, follow the procedures to the T, and you shall reap the reward.

[alf]

Ah yes fireman, this is excatly what they did with mine, they said my poc were 'embarrasing'!! Anyway what i did was i replied to there defence with a letter and a full breakdown of poc which is on this site plys another schedule of charges - all of which they did have originally, but just to be sure i sent more, i also sent copies to the court, covering all sides. Anyway they paid up after the AQ anyway, becos they didn't have an argument, they will try anything to stall. Good Luck

 

A

[Firemansam]

Thanks Muggins, got my AQ through the post this morning doesn't have to be back until March the 5th, but will get it back to the court next week. How do you claim the £100 back for the AQ cost?

Thanks also Alf feel the end is not far away now. However i will also start preparing my court bundle as well just in case.

[Firemansam]

Quick question if i may, the court has sent me an AQ through the post in the N150 style. Can i ignore this and send them a N149 back as the 150 seems to have more questions which i am unable to answer? for example sections F. The proposed directions do i send a copy of this AQ to Cobbetts which i will then be able to tick yes. Also Section H Do you intend to make applications in the immediate future? Does this mean that if i tick no that i won't be able to progress any further claims against the bank? If i attach documents to this questionaire ie the "Proposed Directions" it says did i send these to the other parties if so when did they recieve them? What would i put in here as i will send them a copy of the AQ when i send this to the court or does the court forward on a copy of my AQ to the defendant (Nat West and Cobbetts)?

[Michael Browne]

for example sections F. The proposed directions do i send a copy of this AQ to Cobbetts which i will then be able to tick yes.

Tick yes to attached directions. No to agreed with other party

 

Also Section H Do you intend to make applications in the immediate future? Does this mean that if i tick no that i won't be able to progress any further claims against the bank?

Tick no this is not about possible future claims. It's about making further applications to the court regarding this claim.

 

If i attach documents to this questionaire ie the "Proposed Directions" it says did i send these to the other parties if so when did they recieve them?

This is not about the draft direction order. It means other documents. If you haven't tick No.

 

See here, scroll to bottom for N150;

Allocation Questionnaires - A guide to completion

Allocation Questionnaire - Draft directions order

New strategy for Allocation Questionaires

 

[blue snail]

Hello Fireman sam !

 

Ive just had a payout and i'm well happy i will be posting details soon. The best advice I can give you is get your AQ in as soon as you can, I took mine to the court in person with a cheque for

£ 100. When I got my payout cobbetts had automaticly added the £100 on to the amount, its hard to be patient but worth it in the end, do it all ny letter, dont be tempted to ring them up.

 

Aperently most people get a payout about 30 days after the AQ.

 

I got mine 5 1/2 weeks after i filled the AQ if thats any help to you.

 

good luck

[Firemansam]

Thanks everyone for your help!

 

Just a few more questions if i may with the AQ.

 

1) Do i send a copy of this AQ to the court only and let them forward it onto Cobbetts or do i have to send Cobbetts a copy?

If i have to send them a copy then would i have to tick the box above section A with regards to "Have you sent a copy of this completed form to the other party"?

 

2) Section D just to clarify the amount i put into the amount of claim is the amount + interest not the costs of the court costs ie £120?

 

3)Section "F" I have printed off a "Draft Order for Directions" because i am enclosing this it says have they been agreed with the other parties? Yes or No?

 

4)Section H also say have you attached documents with this questionaire Yes ,so therefore have or do i send a copy to Cobbetts?

 

Sorry for being maticulous but i just wanted to check before i send this off.

 

Thanks again for all your help.