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LiamT vs Natwest - UPDATE ** WON **


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Hello all,

 

Started a claim a little while off. Sent my breakdown of charges and everything and got my first letter back from Mr Higley.

 

They've pretty much rejected my claim, and said that if I do decide to enter Proceedings then I should write to them at the Registered Office etc etc...

 

Is this normal? Do I just go ahead and send the follow-up letter or do I go on to make the claim via the Internet?

 

Plus I've had another £38 charge put on my account btw sending out my letter and gettin the response. Can I get that back too?

 

L

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Ok so you have now sent your PRE LIM letter, you now need to send the LBA letter, yes you can include the new £38 charge into this. Make sure you send them the spreadsheet in to them. Then wait till they respond and then take them to court. Hope this helps.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Had another letter back today from SH. Must admit I'm quite surprised with how quickly he keeps getting back to me!

 

This one says...

 

'I regret that there is little that I can add constructively to my previous letter and note your proposed course of action. I have alerted our lawyers and litigation department accordingly. May I please remind you thatthe address to use when initiating legal documents is that of our Registered Office.

 

Thank you for letting me know of your intentions.'

 

Is the next stage to go on and make the court claim online then? Do people normally get offered a partial settlement by this stage, or is this normal?

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Had another letter back today from SH. Must admit I'm quite surprised with how quickly he keeps getting back to me!

 

This one says...

 

'I regret that there is little that I can add constructively to my previous letter and note your proposed course of action. I have alerted our lawyers and litigation department accordingly. May I please remind you thatthe address to use when initiating legal documents is that of our Registered Office.

 

Thank you for letting me know of your intentions.'

 

Is the next stage to go on and make the court claim online then? Do people normally get offered a partial settlement by this stage, or is this normal?

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from your post you must have sent prelim then lba so next step is to file a claim.

 

i believe it is normal for that response from natwest, dont be put off.

 

you can also file your claim manually/pen to court

 

all standard letters.

 

take a look on natwest forum for re assurance

-----------------------------------------------

Mortgage Express charges- settled in full after issuing claim

 

------------------------------------------------

To view the FAQ'S click here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

To find Registered Address:

http://www.esd.informationcommissioner.gov.uk/esd/search.asp

 

 

If my advise helps click here http://www.consumeractiongroup.co.uk/forum/reputation.php?p=366404

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  • 1 month later...

Ok, so I've actually put my claim on the Moneyclaim site now - cost me an extra £120 to process, but at least its in motion.

 

I received my Notice of Issue on the 29th November, and then got my Notice that Acknowledgement of Service has been filed on the 5th December, stating that Cobbetts LLP will be acting in the defence and attempting to defend all of the claim.

 

It does bring it home when you finally see a notice from a solicitor in front of you!

 

Basically I'm just checking on what my next stage of action should be? Do I have to send the spreadsheet on now to the solicitors?

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As you would'nt have been able to attach your schedule when filing your claim through MCOL its probably a good idea to forward this now and asking them to add it to your file. Remember to quote your claim number.

 

You should also send another copy to the solicitors explaining that your schedule has now been attached to your claim with the courts.

 

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

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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Please stick to one thread per claim you have 5 for this.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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DOH!!!

 

Just noticed that on the original spreadsheets that I put the charges on there was a glitch and it miscalculated my interest! This is the figure that I passed on initially with my claim to MCOL.

 

I've acknowledged this and amended my spreadsheets accordingly. If I forward these on along with a notice in my letter to them and Cobbetts along the lines of the following will this be ok?

 

"Please also note that the figures being claimed have been amended and corrected from those stated initially, and that the amount being claimes ins now £1122.40 in charges, along with £157.68 interest (total=£1280.0), along with the £120 court fee."

 

Or has my inexcusable stupidity already put me at the mercy of the solicitors and voided my claim?

 

Concerned and scared,

 

Liam:-o

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DOH!!!

 

Just noticed that on the original spreadsheets that I put the charges on there was a glitch and it miscalculated my interest! This is the figure that I passed on initially with my claim to MCOL.

 

I've acknowledged this and amended my spreadsheets accordingly. If I forward these on along with a notice in my letter to them and Cobbetts along the lines of the following will this be ok?

 

"Please also note that the figures being claimed have been amended and corrected from those stated initially, and that the amount being claimes ins now £1122.40 in charges, along with £157.68 interest (total=£1280.0), along with the £120 court fee."

 

Or has my inexcusable stupidity already put me at the mercy of the solicitors and voided my claim?

 

Concerned and scared,

 

Liam:-o

 

Send an N244 to ammend your claim there is a £35 fee for this which you can not recover.

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_0400.pdf

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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  • 4 weeks later...

Hello there,

 

Its been a while since I posted last. In the process of pulling together my N244 form response which I'm going to send in along with the questionnaire and the amended figures/spreadsheet. Cobbetts have forwarded me their response, but I just want to make sure the information I'm using is up-to-date and unless I fill in the N244 I'm worried I could lose my claim. Its a shame, as the actual amount for charges that I'm claiming isn't wrong - its just an error in the interest on top of that.

 

Just a couple of questions really:

 

1) Does anyone know who the cheque to accompany the N244 should be made out to?

 

2) Does anyone have any advice on filling out one of these N244's? Is it just a case of referencing my claim and then just requesting a referral with the amended form/spreadsheet attached? I'm sure its not too difficult to do, but its all buried in jargon and I just want to ensure I don't make any more mess-ups in dealing with this

 

Any and all help would be brilliant. As you're all aware it can be quite daunting handling your own claim up against these banks and their lawyers.

 

Regards,

 

Liam

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Hello there,

 

Its been a while since I posted last. In the process of pulling together my N244 form response which I'm going to send in along with the questionnaire and the amended figures/spreadsheet. Cobbetts have forwarded me their response, but I just want to make sure the information I'm using is up-to-date and unless I fill in the N244 I'm worried I could lose my claim. Its a shame, as the actual amount for charges that I'm claiming isn't wrong - its just an error in the interest on top of that.

 

Just a couple of questions really:

 

1) Does anyone know who the cheque to accompany the N244 should be made out to?

 

2) Does anyone have any advice on filling out one of these N244's? Is it just a case of referencing my claim and then just requesting a referral with the amended form/spreadsheet attached? I'm sure its not too difficult to do, but its all buried in jargon and I just want to ensure I don't make any more mess-ups in dealing with this

 

Any and all help would be brilliant. As you're all aware it can be quite daunting handling your own claim up against these banks and their lawyers.

 

Regards,

 

Liam

 

 

fee is payable to the court and yes just state exactly what you require to change and what you are changing it to.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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OK - Me again....feel like I'm being a bit of a pain, but as I said before - just wanna make sure I don't make a boob again.

 

Filling the N244 out as I write and I just wanted to check that what I'm writing is fine and correct and will assist my case/claim. Could someone just look over this and confirm that its as it should be:

 

Part A

I Liam Gallagher the claimant, intend to apply for an order of referral (IS THERE A DRAFT OF THIS TO ATTACH HERE?) because the initial evidence that I provided contained an innaccuracy in its interest calculation. This figure should be **** rather than **** as previously stated.

Part B

I wish to rely on evidence in part C of my application.

Part C

Should I just include the updated and correct spreadsheet of charges? Will this suffice as the evidence for my application?

Is that it/all that I'm required to do? Then send this along with my allocation questionnaire to the court, and a copy of the referral + evidence to Cobbetts?

 

I really, really appreciate all the help I've had so far in processing this and just wanna get it finished now.

 

Hope someone can help!

 

Regards,

 

Liam

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WHOA WHOA WHOA!!!

 

Just spoken to a lady at the court asking about the N244. She advised that as the amendment to my claim was only going to result in it reducing by about £50, I may not 'have' to send an Application Notice. She advised that I note my correction in the Allocation Questionnaire and ask for further advice from the court through this. As such the judge could note this and decide that an Application Notice isn't necessary. On the other hand, so long as I'm asking the question and asking for advice the judge can also go on to come back and say 'Sorry, you'll need an aplication notice, please send one in etc, etc'.

 

Does this sound Kosher to veryone else? I spose as I'm actually slightly reducing the amount I'm claiming its even kind of in the banks interest to let it go and just pay out the reduced amount, isn't it?

 

Please advise.

 

Liam

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Yes it is, and the advice of the clerk of the court always seems to be very helpful. Make sure you log the details of this conversation, time and content and the name of the Clerk of the Court, so you can add it to your court bundle if required.

My advice has hardly any legal foundation whatsoever, however you never know it it might just work!

:cool:

 

NatWest Prelim 07.10.206

LBA 21.10.2006

MCOL 30.10.2006

Acknowledgment of Service 06.11.2006

Offer of approx 50% £2200.00 22.11.2006

Full settlement £4500 received 03.01.2007

Smile settled in full

Barclaycard settled in full

RBS Worldwide settled in full

Lloyds TSB settled in full £750.00

Lloyds TSB settled in Full £275.00 11.04.2007

Lloyds TSB business account £1376.00 AQ filed

Lloyds TSB Business account settled in full 21.05.07

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  • 2 weeks later...

OK - so I sent my allocation questionnaire and various other items to both the court and Cobbetts about two weeks ago. At the mo I still haven't heard anything back from the court, but I have received a copy of Cobbetts Allocation Questionnaire. Is this normal? In any case, in this they say the following:

 

'Case Management directions cannot be proposed until the Claimant serves a reply to the request for further information which was due on 12th January. In light of this the Defendant may amend its defence or apply to Strike Out.'

 

I definitely sent my bundles to the court and Cobbetts - this was on pretty short notice (1st Class on 10th Jan), but should still have been received by both the court and Cobbetts in time. I realise I could and should have sent these out sooner, but I got confused by conflicting dates on their submissions (one stated the 17th and it was only at the last minute I noticed the 12/1 deadline). Even if Cobbetts hadn't gotten this in time, if the court did (as they should have - its pretty local to me) would this overrule them? Also, finding this pretty hard to swallow as Cobbetts have been very close to deadlines at several satges in the whole process!

 

Comments/advice would be appreciated!

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  • 1 month later...

Got woken out of a drunken sleep on Saturday morning by a loud banging on the door. I was going to give whoever it was a piece of my mind, but then it turned out to be the postman with a special delivery letter for me. I Opened it up and it was a cheque for £1514.75 from the bank! Success!!!

 

Its taken a little while but worth the slog! And I wouldn't have been able to have done it without help from this forum! Thanks to all of you!

 

Now, time to address the account I was with at university.....

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Guest dwarren

Congratulations LiamTGallagher!

 

Natwest do seem to be dragging these cases out but with a lot of perseverance we are winning!

 

I am just a few weeks behind you so should be hearing something soon myself!

 

Good luck with the University account!

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