thereshope! v natwest ****WON****

[GaryH]

You mean you have a life outside the CAG muggs:o How can that be !

 

You must be an uber quick multi-tasker,cos everything is suffering in my house,I cant even find the time to vac up at the moment !

 

Seriously,no need to apologise hun

 

Ok ,before I pop the bits and pieces in an envelope,can someone just confirm that I havent missed any thing please ?

 

3 copies made of each of the following

 

completed AQ

SECTION G-other information that has been attached to the AQ

Draft Order for Directions

Spreadsheet.

 

I will also compose a short letter to Cobbets acknowledging their acknowledgment and will attach a copy of the above documents for their records.

 

Is that it for now ?

Am I right in thinking that I just wait for the courts directions ?

 

What happens if I dont hear anything from the court in the next 14 days as it states in the Draft Order for Directions that I will send copies of all my statements,court bundle etc within 14 days of service.

 

The 14 days only starts from the date the directions are ordered, that is even if they are ordered. You've only proposed them at this stage, therefore the 14 day timescale is irrelevant.

 

Thanks BTW, appreciate your comments.

[thereshope!]

The 14 days only starts from the date the directions are ordered, that is even if they are ordered. You've only proposed them at this stage, therefore the 14 day timescale is irrelevant.

 

Thanks BTW, appreciate your comments.

 

 

 

You are most welcome Gary:)

 

Getting a little ahead of myself re time scales I think !Just a waiting game now ,I suppose

Filed AQ etc today and sent copies to Cobbetts.

 

Just pondering really. If I get a cheque as opposed to a bank transfer,do they tend to post it special delivery or snail mail ??

[GaryH]

Special, usually - did in my 2 v Natwest anyhow.

[muggins73]

Sorry, hope...it's that life outside the forum messing things up again:)

 

Everything in order, now it's just a matter of sitting back and waiting for your court date folllowed shortly by your dosh (if not beforehand!!!)

[millymollymoo]

Soz hope been on and off CAG:rolleyes: Looks like things are moving along nicely:)

 

Milly XXXXX

[thereshope!]

Getting bored of waiting to hear something !

 

Is there anything I can do to speed the process up lol !

 

Maybe a letter or email to Cobblers saying something along the lines of " Come on,You know that it's just a matter of time before you need to settle, lets just do it !"

 

I know, I can dream......

It's a week since I filed AQ and directions order,and wasnt sure if I get to see what they are filing ?

How long will they get ?

 

Hope x

[maxine989]

Yeah... I know the feeling hope.

 

Same for me really... just waiting. Got court dates in June and two in July...

 

This bit is very boring... and I am dreading printing all the bundle of paperwork off for court 'cos it's such a waste of paper and no-one will probably even look at it.

 

Hang on in there.

 

Max x

[cumbria123]

If you are dealing with Cobblers, then you`ll get a cheque, sent by snail mail.

[thereshope!]

UPDATE:D

My cosmic ordering worked(sort of !)

 

Recieved a cheque from Cobblers this morning for £2561.26 which equates to £2106 charges plus 8% .

 

My claim is for charges plus contractual interest , a total of £4329.24 so a bit of a shortfall there !

 

I guess I have to send it back along with a letter. I think there is a template/copy letter for this purpose but cant remember where I saw it. Would somone please post me a link if they know where it is lol !

 

They also state in their letter about not disclosing any details to 3rd parties etc which I obviously wont agree to as its a bit late for that.

 

Any help muchly appreciated as always guys

 

Hope xx

[thereshope!]

Mmmmm.Stressing out a bit here....

I've been reading through various threads and I feel a little uncertain now as to what I should do.

As you know ,I have given NW ample time and chances to settle before court stage and they refused to pay any interest.

They have now offered in full for charges and 8% stat int,which leaves me short on my full claim as I have claimed for contractual from the outset.

The general consensus was if the charges and 8% had been offered, then it had to be accepted as it was basically a full settlement,and this is the advice that has been given by mods etc in the past.

 

Is this still the way to go ?

Would I be foolish to decline the offer I got today(she says,stroking the cheque for £2561.26 lol !:o )

 

I would be prepared to fight this in court if it came to it. All I want is to be in the position I was in before Nat West applied charges to my account.

 

I would appreciate some input from a mod/site helper on this please if one is around for comment ?

 

Thanks

Hope xx

[zootscoot]

Hi Hope,

 

The question of whether you want to continue is how confident you feel that you could argue the legal basis for contractual interest in court. This requires a good knowledge of trust law and restitution law and the divided opinion among academics and the judiciary on the concept of a remedial constructive trust.

 

Even if you are fully conversant in this area you then take your chances as to getting a judge who is on the restitutionary side of the debate rather than the trust lawyer side of the debate.

 

Even if the judge is sympathetic to the restitutionary arguments it still comes down to their dicretion as to whether in the circumstances of the case an award of compound interest at the contractual rate is necessary to do justice.

 

The odds are a little stacked against you. If you do forceit into court by rejecting the offer. You risk being liable for their legal costs if the judge is minded that you acted unreasoanbly in refusing their offer.

 

Ultimately the choice is yours

[Josamolly]

Hope

 

Same situ as me to a t....

 

My position is this.. They still owe me the costs cheque. And they still haven't resinded the confidentiality clause. Both of these i believe are strong enough to go into court on...

 

However, if both of these are settled then i will not proceed any further...

[thereshope!]

Thanks zoot and jos:)

 

I'ts a difficult one alright. My instinct tells me to ride the storm and decline the offer, as it is unlikely that NW will go to court with this. They have much more to lose than me, and I have asked in my drafts direction order that they basically need to disclose how they calculated the charges etc.Hopefully this would be enough to dissuade them in going to court ?

 

I'm still not sure which way to go.

 

Has anyone actually been into court to argue the contractual interest yet, whilst their claim is intact ?

 

Would I be able to bring the disproportinate charges up or will this be disregarded as NW are not disputing paying the charges, just the contracual interest element ?

 

If I were to lose in court,how much in costs are NW likely to be awarded ?

 

The actual court process doesnt worry me as I have recently been to court twice re charging order and ccj set aside, but I learnt that only the matter in hand could be dealt with and everything else is imaterial to the case.

 

Stuck between a rock and a hard place here ....

[zootscoot]

Would I be able to bring the disproportinate charges up or will this be disregarded as NW are not disputing paying the charges, just the contracual interest element ?

 

 

It would just be the contractual interest element and this will be even more difficult to prove if you are not able to show that the charges were taken unlawfully as this would mean that the claim would lack the element of unconscionable behaviour for imposition of a trust.

 

If I were to lose in court,how much in costs are NW likely to be awarded ?

 

 

Difficult to say in relation to bank charges. They few mortgage cases which lost in court had to pay between 4.5-7K

[scott150663]

Hi hope

 

congrats on the offer.......

 

a differcult decision to make,no one can really advise u on this as its really your decision and your decision only........

 

I cant see anyone advising u 2 go to court as no one really knows what the outcome will be........ i agree that the banks willnot have to disclose costs as they have settled that side of your claim...........

 

So the only argument I can see is the CI, they will pay the stat 8% but will they risk a court case with CI ???????????

 

I would love to see someone go the whole hog with the ci claim as im waiting along with many others to claim CI,the rewards are huge if someone wins but on the other hand the cost implication are also high if u lose.............

 

good luck which ever way u turn

 

Scott

[thereshope!]

O/H says we should hold out for the full amount including contractual interest:-o

 

He says that as I will be arguing the CI in court regardless of whether I reject the gogw payment or cash it.

 

So,on this proviso he thinks that I should accept the payment as part settlement and carry on for the rest.

 

I dont normally listen to a word he says !. But i'm torn....

[thereshope!]

thanks scott:)

you're right,It would be a big deal to everyone that has a CI claim ongoing.

 

Unchartered waters indeed.

I asked in an earlier post if anyone had actually been into court with a CI claim,but havent had a response either way as yet.

 

Does anyone know ?

 

Hope xx

[scott150663]

Good Luck

 

Try PM to photoman

 

He is very knowledgeble on these matters (knows what hes doing and researched in depth)

 

Sorry i can't advise i havent travelled this road yet, im sure if u win i will follow the golden path of CI........

 

Very best of luck

 

will be watching with great interest

 

Scott

[thereshope!]

Morning all:)

 

I have slept on it and my descision is made

 

I have decided to reject the offer and continue in my fight for CI.

 

If I win great ! If I lose that is something I will have to deal with if and when I get to that point.

 

Thanks for the recent input on my thread to zoot,scott etc, to make a choice I believe you have to be aware of all eventualities.

 

I will now spend the time I have before court cramming up on everything of relevance in my fight for CI.

 

Hope xx

[zootscoot]

Good luck

[thereshope!]

Hi

 

I have just draughted my final letter to Cobbetts declining their offer and telling them to basically stick their conditions where the sun don't shine lol !

 

I would love to take credit for the fantastic wording in my letter, but all the credit is due to Mindzai and his wonderful use of the English language.

I have ajusted bits of text to suit my circumstances, and left out the bits that don't relate to my claim, but on the whole it is the letter that Mindzai sent to Lloyds.

 

Pure class in a no-nonsense format.

 

Thank you Mindzai:)

 

I was wondering if I send a copy of the letter to the court ?

The letter Cobbetts sent me wasn't a WP letter but it did say Strictly Private & Confidential......I would appreciate it if someone could let me know please.

 

I have dated the letter and spreadsheet as the 8th May as it is Bank Hol tomorrow.

Grrrrrr these Bank Hols are holding my claim up lol:D

 

Hope xx

[millymollymoo]

Hi hope:) .

 

Good for you and I back you hun. Their conditions make it unacceptable in my opinion. NO CONDITIONS!!!! However I had this very dilemma myself and I can tell you i was really worried about my decision concerning DJ and me seeming unreasonable as I was offered 8%. In my case it did not get that far. I did outright object any offers and was worried about my duty to mitigate losses after. I wanted my whole claim intact you see. I am no expert though of these matters as it did not end up in court. Lucid was a fantastic help {mindzais O/H}.

 

I wish you luck and a nice fat cheque!!!!

 

 

 

Milly XXX

[doo]

Hi thereshope, have just come to check your thread out as you have had a good reply to your questions by milktrayman in the 'Why is no one claiming the contractual rate of interest' - if you haven't seen it yet go check it out. I have a similar situation with Capital One at the moment, they have put funds on my credit card and sent me a cheque, I have not accepted their offer so have instructed them to remove the funds off my card and have sent the cheque back. If I had accepted my claim would be short of around £1,000, stick to your guns, I am and good luck.

[doo]

http://www.consumeractiongroup.co.uk/forum/halifax-if-successes/18017-me-helifax.html Have a read of this, a good positive one, halifax settled a few days before court, charges had been paid so was just going to court to argue contractual element of the claim.

[thereshope!]

Hey doo

Thanks for pointing me to MTM's reply. He has a way of making me feel that claiming CI is the way to go hun !

 

He is right, they have put in a full defence to my claim so full charges would have to be disclosed.

 

Sometimes you just need to hear someone else say you are doing the right thing !

 

Well,letter and spready were sent special del today,so Will be with Cobbetts by 1pm tomorrow.

 

I would love to chase this up now as I am so skint,and I mean sooo skint.Gotta stay strong and not give in .Good things come to those who wait blah blah blah:D