Me v's Natwest (Cobbetts)

[cliveybabe]

Hi all,

 

I am new to this site, was using BankChargeHell site but for unknown reasons this site appears to be in continual maintanence mode, does anyone know why???

 

My claim is at the stage where Cobbetts have sent me a letter saying their client will pay my claim in full, but it will take 14 days. 14 days is up and no cheque received. They also wanted me to send Notice of Discontinuance to the Court. This I said I would do when I received cheque. With No cheque obviously the claim at the Court has continued and now I've had the Order from the Court to provide schedule of charges, copies of all statements, statement of evidence that the charges are irrecoverable as penalties and copies of decided cases and other legal material. If I fail to do this the claim will be struck out!

 

I have left a message with Cobbetts requesting info.as to whether they are paying or wishing to defend now. No-one has got back to me.

 

Should I send a letter to the Court explaining the situation?

 

I could do with some advice please?

[Deller]

Firstly like you say do not send the Notice of Discontinuance until you have full payment cleared in your bank.

 

Have you been given a court date at all??

 

My suggestion would be for you to prepare the court bundle (three copies infact), one for the court, one for Cobbetts and one for yourself.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

This will cover all the documentation the court requires.

[sambrown]

Can't really help answer your question but i would like to know, what did you write in your particulars of claim?

 

I think i have done mine wrong.

 

Cobetts are refusing to pay up and i have recently submitted my allocation questionnaire to the court and are waiting for a reply. Cobettes are stating that my particularls of claim do not disclose reasonalbe grounds for bringing a claim against the Claimant to recover the bank charges.

[Deller]

I'd be quite interested to see what both of you used for your POC, as a matter of interest.

[cliveybabe]

Deller1....Many thanks for this...this gives me the boost I needed to fight on.

[cliveybabe]

Poc???

[Deller]

Particulars of claim (POC). This will be what you filled out for your court claim.

[cliveybabe]

Oh right...sorry that seems such a long time ago...I used a format from the other help site. Asking for a total refund of illegal charges, specifying date from to when these charges were made. Though I did add to the end 'as a gesture of goodwill I will not be claiming interest'. All I want is my money back!

[cliveybabe]

I think the Court also needs to be aware that they have offered me a full refund...and that I've just not received it yet. Do you think this is another tactic of Cobbetts, hoping that I will not proceed? Have they used this tact before...offering full payment and then not doing it?

[Deller]

I havn't been aware of Cobbetts doing this before, but I suppose there is always a first for anything. I think it would be a good idea to make the court aware of the actions Cobbetts are using.

[Allyxia]

Hello and Welcome

Congratulations for posting in the correct forum, here you will have other “experts” (I see dellar1 has already helped you - he smart that lad)who know how that particular this bank reacts.

 

I have just finished my claim with this bank, but I decided to stick around to see if I help others like you who are just starting out with their claim to see if I can share anything to make your journey through this claim a bit better!!!

Remember the banks have acted unlawful you haven’t!!!

 

Well done for reading the FAQs and continue to read as many threads as possible as there is a wealth of information on here!!

 

Remember its important to open a parachute account, especially if the charges are spiralling out of control and you have little or no money left, at the end of each month.

 

If your account goes into a negative balance after you have transferred your banking, send them this notice to prevent them taking any further action.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/5078-10-data-protection-act.html

If you get stuck have a look (by searching) to see if your question has already been asked by reading other people threads, if you are still not sure either post your question in your own thread or PM me to attract my attention and I will be happy to help you by answering on your thread.

 

Also look for another newbie claiming against the same bank as you, that way you can do your claim together and support each other as the post drops through the door!!

 

Sometimes the banks act awfully and you can get very stressed out by it all. But stick to your guns - you are in the right - they are not. Don’t let them put you off, that’s what they want to do!

 

Hope this helps

 

Good Luck

 

[cliveybabe]

Hi Allyxia,

 

Thanks for the welcome. I'm just at the stage now where i'm waiting/hoping for the cheque but it seems Cobbetts are (see my first message) being deliberately slow in sending this..thus making me have to do all the work with providing the Court all the details to ensure my claim is not struck out. Having lived in South Wales for 7 years in a small village you never know I might have heard of yours.

[cliveybabe]

I have had to send letter to Court asking what to do next....Natwest have agreed to pay but not sent cheque yet and time is running out for me to have to send in all gumf to comply with Court Order. Have asked the Court what I should do and sent with letter copy of Cobbetts letter stating they will pay up (just when is the question?). I'm jsut wondering if this is yet another Cobbetts tactic to dissuade or maybe NatWest don't want us all to have a fun Christmas (at their expense)... Advice would be appreciated. Has anyone experienced this before?

[Deller]

This seems to be one of their new ploy's, what did they put in their offer letter??

[cliveybabe]

Their offer letter is for the full amount I am claiming. They asked me to send to the Court Notice of Discontinuance (which they had attached to their letter for me to do). I have replied accepting the offer but not willing to send Notice of Discontinuance until paid.

I have sent letter to Court today explaining situation and asking them what I SHOULD DO!

[Deller]

You've done exactly the right thing, under no circumstances should you return that Notice of Discontinuance until the cheque is in hand or money is in the bank.

 

I've held on to my Notice of Discontinuance until they refund my AQ fee!!

[cliveybabe]

Merry Christmas all.

 

Could someone help me here please. I am compiling my 'bundle' for the Court as requested by the Court Orders one question asked is " A statement of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise" What is this all about? Is this supposed to be something I pull together in a summary from all the legal material I provide? Is there a template for this?

[MARTIN3030]

Its a witness statement that you will need to prepare.

There is no standard witness statement since it has to be personal to the details of your claim.

But basically it should be on these lines............

[cliveybabe]

Martin3030,

 

I'm struggling with finding this witness statement...??

[cliveybabe]

Cheque (£2.8k) dated the 11 of December and received on the 28th. Put in on the same day and finally cleared today. Amazing length of time!! Keep on fighting all of you. Am now helping friends with recovering charges.

[Deller]

Congratulations, a big well done!!