Egough vs Natwest

[egough]

Hi Admiral, thanks for your reply, will wait a couple of days after deadline then. What has been going on lately then for the courts to get tougher? I think I read yr thread earlier, yr waiting for a cheque aren't you?

[Theadmiral]

Hi Egough, If i've got it right look at the judgement on the following thread - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/20752-kazzaw-lloyds-asset-card.html

 

A Judge at Lincoln Crown Court has made a judgement threatning to strike out the defence on the basis of wasting court time. Could have dramatic implications for the way claims are going. There was another one done in the Jodyperry thread - which I'm going to find now.

 

I'm waiting for my settlement which if not any day now, will be sure to come once a date has been set for the hearing, both AQ's having been filed. I will keep you posted and hope yours foillows soon after.

[egough]

Read the thread you mentioned......WOW!!! Your right, EVERYONE SHOULD SEE THIS THREAD!!! Let me know if you find that other thread, would like to read that too. How great would it be if all judges were like that!!! Hope yr cheque comes soon Admiral, will you be claiming back your £100 for your AQ? If so, how? I've a little while yet but should hope to see the light at the end of the tunnel soon!

[Theadmiral]

The Jodyperry one is at http://www.consumeractiongroup.co.uk/forum/natwest-bank/56900-judge-striking-out-defence.html

 

Seems to be the same format as the other - its from same County Court.

 

I would expect any settlement to include the AQ fee, or else I will just decline withdrawing the action until it's paid.

Cheers.

[Theadmiral]

Just a quickie to say I'VE WON. Cheque through today.

 

I will keep any eye on your thread in case I can help you in any way.

 

Cheers.

[egough]

Well Postie has been this morning and I've received Natwest's defence (1 day early!!!) It seems pretty bog standard. It does mention on 3) the following: "On allocation the Defendant invotes the Court to direct that there be a case management conference in order for the Court to consider themaking of appropriate order to give the Claimient the opportunity to properly particularise her claim". Not sure what this means, can anyone spread any light on it? Does it mean they are going to take it to court? I have no mention of a CPR 18 - is that good?

 

Not sure what to do now? Do I just wait for an AQ from the courts? How long does it take to come through? Cobblers are also asking for am acknowledgement receipt, do I send them one and if so, what? And via letter or email? copy to the court? Someone please tell me im getting near the end......!!!!!!!

[egough]

Does anyone have any advice for me pls?

[Michael Browne]

"On allocation the Defendant invotes the Court to direct that there be a case management conference in order for the Court to consider themaking of appropriate order to give the Claimient the opportunity to properly particularise her claim". Not sure what this means, can anyone spread any light on it? Does it mean they are going to take it to court?

No, it's an empty threat to scare and intimidate you

 

I have no mention of a CPR 18 - is that good?

Well it saves you sending the bog off letter.

Not sure what to do now? Do I just wait for an AQ from the courts?

Yers

Cobblers are also asking for am acknowledgement receipt, do I send them one

Yes just brief 1 liner that you've received

itAnd via letter or email?

Either will do

copy to the court?

No

[egough]

Thanks for that Michael, a great help. Will send receipt to Cobblers today. Just a waiting game now then. do you know how long it takes to get the AQ through?

[Michael Browne]

Depends how busy your local court is.

[egough]

do you think its worth me giving them a call? I'm just worried that if I mention to them the AQ it might remind them whereas I know that some people have been lucky enough to skip this stage and go straight to getting their payout! What do you think?

[ataction]

I don't think it will help. You have to bide your time.

[Guest Mumofthreeboys]

do you think its worth me giving them a call? I'm just worried that if I mention to them the AQ it might remind them whereas I know that some people have been lucky enough to skip this stage and go straight to getting their payout! What do you think?

 

You have received a copy of the defence. Once they defend the next stage is you will receive an AQ.

[Theadmiral]

Just caught up with you - Don't panic - standard stuff. Their defence seems to be the same for most. I was wondering if I had to look at specific parts but soon found out it's standard garbage. Just confirm receipt. Wait for the AQ to come from the Court. Once you've filled it in and filed it with court + £100 AQ Fee and copy to Cobbetts, they will know you are serious and start sorting out your cheque. Just like mine. Cheers.

[egough]

Can anyone tell me the email address for cobbetts pls, just wanna send them a quick note to say i've received their defence. THanks

[dantracey]

egough, did it not have an atached letter with it? on mine cobettes submitted there defence asking for acknowledgement

[Theadmiral]

There is a general enquiries Email - [email protected] that would probably be best to use. They would no doubt channel it to the appropriate person. Best also to hard copy in the post.

[egough]

Hi Chaps, got my AQ in the post this morning and will fill out using the info on here (anyone got a quick link they could give me save me trawling through?? thanks) Would I be doing myself any favours by returning it before my deadline date of 2nd Feb - would it spead it up? Think i'm near the end now!!!

[Theadmiral]

Hi, Just found it for you - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

I don't think it will speed things up getting it in early, but at least you know you've done it - don't leave things till the last minute, something might come up to distract you from getting it in on time. There may be a link on the thread to a download AQ you can use instead of the one they sent you. Make sure its the same version, there are two in existence. I thought they had issued me with the wrong one but the court said it doesn't really matter which you use. If you use the download one - you can't save it, just fill out the details and print three copies so you've got the one for Cobbetts and one for yourself. It looks pukka and give a better impression that you know what you are doing. Cheers

[Deller]

Sending it back early certainly does'nt speed things up, but it should give pleasure in knowing it's gonna cost Nat West a further 100 quid

 

For help 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!!

[egough]

Admiral and Dellar - thanks so much, your replies are a huge help and i've no further questions (for a change!!) Have now filled out AQ and will be taking it to the court shortly. Fingers crossed.......

 

Don't suppose anyone could hazard a guess as to how far I am from getting my cheque...........

[egough]

Had another letter from Cobbetts this morning with an offer of a goodwill payment of £2,500 - only half of my claim. The letter looks pretty standard, saying I won't win in court, not to disclose to any third party blah blah. Will send letter of rejection today - shall I send it recorded to Cobbetts? And do I need to send a copy to the courts? Shall I say on my rejection letter that I will be submitting my AQ within the next 7 days?

[egough]

I just went to the templates library and it seems that the rejection letter they have is the one you send after your LBA and doesn't really say what i want. Does anyone have a more appropriate letter I could send pls? Many thanks guys

[Deller]

You could use this one:-

 

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

[egough]

Thanks once again Dellar, your a star and worth yr weight in gold! I will use the template you gave me and put it in the post today. Do you think sending 1st class is ok or should I send it recorded?