gary vs natwest ** WON **

[fendyweather]

Oooh Im so excited about this thread, as its just marginally in front of mine, Im keeping my eyes on this one. Looks brilliant so far though. Good Luck, I will be watching and waiting, and getting nearly as impatient as you on this one I think. All the best. Fendy xxx

[windymiller2014]

Help.....

 

what now, their AQ landed on doormat today and reads as follows:

 

The Claimant has not shown that he has reasonable grounds for bringing the claim and despite the Defendant requesting that the Claimant remedy the lack of particularity pleaded in the Particulars of Claim, the claimant has failed to do so. Case management directions cannot be proposed until the claimant fully particularises his claim. In light of this , the defedant may amend its defence or apply to strike out.

 

Gary....

[Michael Browne]

Standard Cobbetts AQ.

[windymiller2014]

Thanks Michael....

[Parkvale]

Not sure ,but this might help.http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

[windymiller2014]

Hi everyone, got home tonight and recieved Notice of Allocation to the small Claims Track (Hearing), set for 12th July.

 

So now I am working on the courts requests, a, schedule of charges, b, copies of statements, c, statement of evidence d, copies of decided cases.

 

Any pointers....

 

Gary

[windymiller2014]

OK, everthing prepared of to the court tommorrow with my bundle wish me luck

 

Gary..

[scott150663]

OK, everthing prepared of to the court tommorrow with my bundle wish me luck

 

Gary..

 

are u in court tomorrow Gary.........

[windymiller2014]

no submitting court bundle scott

[scott150663]

For the hearing i assume on 12 July

 

wow you are well prepared

 

Good luck mate

 

They will pay u out b4 the hearing hopefully they did with me any way, i hadn't got round to preparing my court bundle (well not printed i thought id leave it closer to court date as i think you need a small forest for the paperwork LOL.........

 

Scott

[windymiller2014]

For some reason they gave me 14 days from date of service of my allocation to small claims track to file my bundle, when i phoned and questioned this because i thought it was 14 days from the hearing date i was corrected, hence been running around lile headless chicken preparing the bundle.

 

gary...

[windymiller2014]

“Settlement maybe” Need some advise guys, this morning received big fat cheque for all of my charges plus interest thereon at 8% per annum, plus costs ie, issue fee but no AQ Fee, and the usual confidentiality clause.

I am tempted to accept, however there are considerations, I used, and was granted by the court the New Strategy for allocation, I have already submitted my court bundle and now they have 14 days to submit theirs according to the directions of the hearing.

In the event that do not submit which is likely, am I correct that I can apply for strike out, and then judgment, judgment on the cci amount.

I will not be accepting the confidentiality clause in any event, unless of course I am paid for it as a service.

Gary….

[Michael Browne]

Decision time!! How strong are your nerves?

 

If you want the CI, you should reject the offer outright and keep the whole claim intact and return their cheque. They'll pay the AQ fee easily enough, but that would leave you with just the CI to argue about.

 

The fact that they have sent you what they consider is full settlement means they are unlikely to intend to submit their bundle.

[Guest NATTIE]

i think as well, if you accept you still need to state that there is one court fee outstanding.

[windymiller2014]

Thanks Michael, Nattie, So maybe I will ring on Monday and mention the out standing fee and ci, what do think the chances are of a judge striking out their defence and giving me judgment on the claim including cci.

 

 

Gary..

[Parkvale]

Have a look at my thread. I sent the cheque back. http://www.consumeractiongroup.co.uk/forum/natwest-bank/83479-11-week-wait-interesting.html#post747812

[windymiller2014]

interesting reading parkvale. I am considering very carefully, but keep looking at the big fat cheque...

 

Gary...

[windymiller2014]

Edited

[windymiller2014]

......SETTLED........

[hedgey06]

With contractual interest as well??????

[mcuth]

Congratulations!

 

Cheers

Michael

[zootscoot]

 

Congratulations!!!!!!!!

:D

Don't forget to fill out the survey

& if you can a donation would go a long way to help others!

ENJOY YOUR VICTORY:D

[overflow]

hi all

sorry to hijack your thread but can you tell me where i can find the list of all the court cases that have been sucsessful, my daughter is doing her court bundle so needs to include these

thanks

[Chard76]

when you click on which ever bank your having probs with near the top is a sub forum that reads successes ie NatWest successes its the same for all of them, hope that helps

[overflow]

Thanks for that chard76.

Very helpful , will try that now