Priceless ... bl**dy priceless **WON**

[blsclaret]

Thankyou.

 

Though you said I need not reply, I shall do so.

 

I shall enclose the schedule of charges for them .......... for clarification obviously !!!

 

One quickie, our claim is for charges is up to 11 July 2006. Since that date my son has managed to incur further charges. Am I right in thinking that to add them to this claim we would jeopardise it and possible victory ?

I assume we would start the whole process again FROM 12 July 2006 to claim further costs. Would victory in our first claim mean early settlement in a possible second claim ? Personally, once this is over I am prepared to wash over past mistakes.

[Michael Browne]

Am I right in thinking that to add them to this claim we would jeopardise it and possible victory ? .

 

It would add unecessary coplications and delays

 

I assume we would start the whole process again FROM 12 July 2006 to claim further costs. Would victory in our first claim mean early settlement in a possible second claim ? .

 

Not likely, there's no advantage to NatWest to settle early.

 

Personally, once this is over I am prepared to wash over past mistakes.

NatWest, on the other hand, may not be so forgiving. On claiming again they may well close your a/c. So a parachute a/c would be wise. See here:

http://www.consumeractiongroup.co.uk/forum/general/13832-do-you-need-parachute.html

[blsclaret]

Right,

 

Have today prepared the reply to the defence as per Michael's advice as follows:

 

Dear Sir or Madam:

 

Claim No: XXXXX

 

I acknowledge receipt of your defence & request for further information and clarification.

 

I anticipate that the claim would be allocated to the small claims track and would not then expect to have to deal with requests for further information since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative

 

However, for clarity, I enclose a schedule of charges and I confirm the charges I am claiming were applied to the following account:

 

Account Name: XXXXX

Account numbers: XXXXX

Sort Code XXXXX

Amount XXXXX

 

 

Before this actually gets sent in the mail, other threads quote

"Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court".

As CPR part 18 is not an element of Cobbetts defence to us and therefore not relevant, would it be advisable to mention the intimidatory factor or not ?

I am asuming not or it would have been in Michael's advised letter.

 

Following other threads over the past few months, am I right in thinking that one of two alternatives now arise, cheque in post (followed by grateful donation) or court appearance ? or do we still linger on ?

 

Thanks friends

[Michael Browne]

 

 

Before this actually gets sent in the mail, other threads quote

"Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court".

As CPR part 18 is not an element of Cobbetts defence to us and therefore not relevant, would it be advisable to mention the intimidatory factor or not ?

I am asuming not or it would have been in Michael's advised letter.

That's why I removed it.

 

am I right in thinking that one of two alternatives now arise, cheque in post (followed by grateful donation) or court appearance ? or do we still linger on ?

 

 

Isn't that 3 alternatives? Odds on it's number 1

 

[blsclaret]

Thanks Michael ................. such a dry wit

 

Best get it in the mail asap then.

[blsclaret]

Update and help please.

 

As documented in this thread, we received a statement of defence direct from Cobbetts on Saturday 16 September. As you can see, this was replied to directly with Michael's assistance.

 

However, on Saturday 23 September, we received paperwork from our local court with the AQ which requires completion and £100 before 9 October.

 

As we already replied to Cobbetts directly prior to receipt of court paperwork, do we need to complete AQ as instructed ? or,

do we wait a few days to see if Cobbetts pay up and then do AQ in order not to default our claim ?

 

Is there a standard way of completeing AQ for NatWest claims ?

 

Thanks again for all help.

[Michael Browne]

See Here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

Send the AQ + copy of schedule to the court, copy of each to Cobbets, copy of each for yourself.

[blsclaret]

Thanks again Michael.

 

Basically what we did last week, but now the AQ to be done also and copies to all parties.

 

I understand.

 

Regards

[Michael Browne]

You don't have to, just belt and braces.

[blsclaret]

Hello again,

 

Just completed AQ ready to take to local court later this week ( deadline 9 October).

 

Within "H" Other Information, we are asked if we intend to make applications in the future. One assumes to do so would force NatWest to insist on closure of account, however, as this claim process takes so long with Cobbetts stringing things along, my son has incurred further charges. Over the period of this claim, charges total a few hundred pounds.

 

My question is, has anyone else won and gone in again successfully, or does it become harder the second time ?

 

Should this not be advisable, we shall win, donate and call it a day.

 

Thanks again for all help (Michael ...lol )

[Michael Browne]

Answer No to further applications. This is about making applications to the court regarding this claim. It is not asking whether you will be making further claims

[blsclaret]

Thanks Michael.

 

I did assume that but wanted to make sure.

 

Obviously it is up to us to decide whether we make an additional claim.

 

Thanks again

[blsclaret]

Thought I should mention this.

 

Lodged our AQ at our local court yesterday, with copies of spreadsheet and latest defence direct to Cobbetts. Asked the procedure and the assistant said The Judge would read through and make his decision on a court date. I said "hopefully it won't come to that, this being a bank charges case" to which the reply was "they are seeing a few now" !!!!!

 

This got me concerned on my way home. Hoping I had filled the form in correctly, hoping a court appearance does not materialise as either my son or I may say the wrong thing under questioning, etc.

 

My biggest wish was that Cobbetts would follow the route of cases I have read on here, and settle up next week.

 

Don't wish to alarm anyone, as a case is likely to be heard at sometime, but just passing on information.

 

Would be just my luck if we were called to court.

 

Regards

[blsclaret]

Received reply from Cobbetts following our AQ submission.

 

They say they are taking us to small claims court and their fees are already in excess of £300.

 

I assume this is the next stage of their scare tactics in the hope that we cave in. Is this their last effort to win ?

 

Please tell me I am right in thinking this.

 

Should a court appearance be required, logically it would be the local court who would appoint a date. As AQ deadline was Monday 9th, how long would the court take to announce this date ?

 

It is getting worryingly tight at this end I must say.

 

Thankyou for all advice

[Michael Browne]

.

 

They say they are taking us to small claims court and their fees are already in excess of £300.

 

I assume this is the next stage of their scare tactics in the hope that we cave in. .

 

Since they've agreed to small claims, the size of their fees are of no concern to you

.

As AQ deadline was Monday 9th, how long would the court take to announce this date ?

 

 

Depends entirely on how swamped your local court is with other claims.

[blsclaret]

Looking good here.

 

Got Cobbetts "client considers our challenge to charges would fail in court letter" yesterday, only 2 days after AQ deadline date. In it's content was an offer of £1150 goodwill payment, how surprising is that !

 

Seeing other threads, we now ignore this and do not reply to it.

 

Wonder when cheque will arrive ?

[Michael Browne]

I'd send a brief rejection letter:

Dear [named sender or Sirs]

 

Thank you for your letter dated xx/xx/xx

 

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 totalling £xxxx

 

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 full settlement of my claim.

 

I trust this clarifies my position.

 

Yours faithfully

[blsclaret]

OK Michael .......... will do, thanks.

 

I know this is late in the day, but, we are only claiming for "Referral Charges" and "Unpaid Item" fees. Did not include standard interest charges as they would be covered in our claim +8% interest. What is the complete list of recoverable charges please ?

 

My reason for asking is that during the course of our claim, Ian has incurred further referral fees. Should we win this claim, I intend to write and claim for these further costs on the basis that we were successful, so we may as well try for other charges also. In this second instance, we may accept NatWest first offer.

[Michael Browne]

Read through this thread:

http://www.consumeractiongroup.co.uk/forum/natwest-bank/27521-advantage-gold-unarranged-borrowing.html

 

Although it's about Advantage a/c's there's good info on charges that apply to all a/c's

[blsclaret]

Update.

 

Received our court appearance date, for mid January.

 

The thing is, this came a couple of weeks ago and I was expecting the Cobbetts cheque to appear by now.

 

Are they testing my resolve, as usual, and see us in court, OR, likely to pay-up before the end of 2006 to save their costs ?

 

As I said, I was expecting settlement within a matter of days of court date notification.

 

Thankyou.

[blsclaret]

Now I am getting a little worried. Notification of the court date was issued 19 October, two weeks ago. Winners on here seemed to receive their cheque a matter of days after court date notification.

 

Is it possible that, as my son is a serial abuser and has continued to default on direct debits despite all my protestations, Cobbetts will take him to court and make an example of him ?

 

It would not surprise me, and I fear he would lose because of his actions since the start of the claim.

[Michael Browne]

Now I am getting a little worried. Notification of the court date was issued 19 October, two weeks ago. Winners on here seemed to receive their cheque a matter of days after court date notification.

 

While you may think that, There is no set pattern to how or when Cobbetts settle. Just be patient and steadfast

 

Is it possible that, as my son is a serial abuser and has continued to default on direct debits despite all my protestations, Cobbetts will take him to court and make an example of him ?

 

Highly unlikely (just don't tell your son!!)

 

quote]

 

HTH

[blsclaret]

UPDATE

 

Afraid to say still no cheque. Now a month since court date notification.

 

Will be Ian's birthday on Friday 17th. Would be a nice present.

 

Has anyone else waited this long since receiving court date notification ?

 

Thanks

[blsclaret]

UPDATE

--------

 

Letter from Cobbetts today asking why we have not returned documents asking to cancel court date now the claim has been settled in full.

 

Seems their cheque sent end October has been lost in the post. They are re-issuing, hopefully arriving next week.

 

So, next week thread should be able to be moved to the "successes" thread, and a contribution to the site will be made.

 

A premature thankyou all.

 

Michael Browne has been on hand to help, for which we thank you.

[ataction]

Ah a result then.