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    • What did she actually put on the form? would be good to see what was sent to them, as likely she has outed the driver .
    • Attachments (Exhibits)   FTMDave and I have called them "Attachments" but I note Andyorch used the term "Exhibits".  I don't think it makes any difference which you use but perhaps Exhibits is more correct.  Whichever you use, make sure you use the term consistently.  (i'm going to use Attachment for now).   You use Attachments as supporting evidence for things you mention in the numbered particulars of your claim.  Might be a report from a third party or a quote from a third party.  In the relevant numbered particular of your claim you refer to the appropriate Attachment supporting that part of the claim.  eg like this "(See Attachment A)".   You can use numbers or capital letters to identify each Attachment.  I don't think it matters which but be consistent in your usage.   It helps if the Attachments are organised and incorporated into your claim in a logical sequence.  (eg A, B, C etc)   Make sure each attachment is clearly labelled "Attachment A"  etc.   If it is not immediately clear to the reader what an attachment is, put a brief description.  Eg "Quote from XXXXX Ltd to complete unfinished plastering" or whatever.  Make sure the reader can understand what each attachment is.   Ideally each Attachment will be no more than one page.  So you can make the labelling of attachments even clearer by labelling them "Attachment A  -  page 1 of 1" etc etc.   If an attachment is longer than one page you label it "Attachment A - page 1 of 2" and then "Attachment A - page 2 of 2", or whatever it is.   By doing all that you are making it easier for the judge to follow - and you want the judge on your side...   Now - what you've posted in #109 is helpful because it adds up to to £16577.  Which is good.  But if I were the judge, I'd want to know where the individual items come from.     So what you have posted in #109 should - I suggest - be your final attachment.  Let's call it "Attachment H" for now.  So at the end of your particulars of counterclaim where you say you are claiming £16577 from the defendant, you put the reference "See Attachment H".   The judge then looks at Attachment H and sees a total of £16577.  What you then need on Attachment H next to each individual item on there, is a reference to which earlier Attachment that item comes from.  eg "See Attachment C".  The judge can then look at Attachment C and understand where the item on Attachment H comes from.  By doing that rigorously and methodically for each item on Attachment H you are justifying each item and the total of £16577.  Yes?   Your schedule in #109 is OK but raises questions that need answering.  eg: spelling as spotted by Honeybee13 Grand total as spotted by Honeybee13 TBA or estimates as per my previous post and Honeybee why is it in two separate sections (£8577 and £8000)? The item numbering is absolute garbage At the end of the day it is going to be the detail (or lack of detail) in your attachments that will win (or lose) you the case.  It has to be just right and you have to be consistent.  It has to be logical, methodical and consistent so it can be understood immediately.   I don't want you to give me answers to these questions.  I want you to act on them.   As I said earlier, don't post any more work you have done for now.  Wait until FTMDave is back this evening so we are all working from the same page at the same time.   If Andyorch or FTMDave suggest anything that disagrees with me, go with what they say.  They know more than me.   (I suspect one of them might suggest some kind of contents list identifying and listing all the different attachments)    
    • Hi again I sent my letter off on Monday, signed for delivery as I wanted to make sure it's got there, it was finally delivered yesterday Last night I had a text from them:   "There is a 50% settlement discount available on your account.  If you cannot pay in full this can be paid across 3 equal monthly instalments of £339.57.  To take advantage of this offer please visit" and then a website link.   Hopefully they will be in touch soon to say they've taken the letter on board and will leave me alone now.   I'll update this thread if I hear anything, it really helped me to see others had been in my situation. Fingers crossed
    • It hasnt caused tfl financial harm, those cards are paid for by the public purse. Your abuse of that is what you need to get acrossYour   id also state a criminal record will destroy your future career totally.   Dx
    • sure, this is the email i will send today unless there are any changes i should make?   Dear Sir/Madam,   I am emailing as I wish to ask for an out of court settlement regarding my case (case number). I realise that my actions have caused TFL financial harm and for that I am truly sorry, and would like to help remedy this in any way. Whilst there is no excuse for my actions, at the time, I was struggling to afford transport as a student working only 6 hours a week. Student finance did not provide maintenance for masters and on top of this, I was on universal credit during that time. I have since been paying for the travel using my bank card and despite going into overdraft multiple times, I continued to pay the full fare for the past 4 months and will continue to do so. This is a mistake I truly regret and am willing to pay the entire amount stated to settle this as soon as possible. Thank you in advance for your consideration.   Kind regards,    
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Natwest's AQ


kenny99
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Hi everyone

 

I'm a bit of a silent member on these boards, I don't really tend to post much as pretty much all of my questions are answered in other posts...Anyway! Just wondering if I can ask a question of my own?

 

I submitted my AQ last week at my local court, I completed it according to the templates on here. I have done everything according to this site so far. This morning I received a copy of Natwest's AQ from Cobbetts, it's taken me aback a little. In section G (other information) they have stated...

 

.."the claimant has not shown that she has reasonable grounds for bringing the claim and despite the defendant requesting that the claimant remedy the lack of particularity pleased in the particulars of claim, the claimant has failed to do so. Case management directions cannot be proposed until the claimant fully particularises her claim. In light of this, the defendant may amend its defence or apply to strike out."

 

What does this mean...have I done something wrong? I have included the spreadsheet of breakdown of charges with every letter.

 

Can anyone help? Has anyone else had this statement?

 

Thanks folks :-?

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Can you post on here what you used for your POC.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Yes standard AQ reply . Don't forget Cobbetts have deliberately entered this and then sent you a copy in order to scare and intimidate you. The case cannot be struck out without you being notified by the court. who at that point would give you the chance to amend your particulars. Don't worry, it's just a last sabre rattle from Cobbetts before their offer to settle.

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Can you post on here what you used for your POC.

 

Yes, I put the following:

 

Particulars of claim:

  • The claimant has an account XXXXXXXXX with the Defendant

  • During the period during which the account has been operating the defendant had debited numerous charges to the account in respect of purported breaches of contract on the part of the claimant. The claimant understands that the defendant contends that the charges were debited in accordance with the terms of the contract between itself and the claimant.

  • A list of charges applied is attached to this form.

  • The Claimant contends the:

a) the charges debited to the account are punitive in nature, are not a genuine pre estimate of cost incurred buy the defendant, exceed any alleged actual loss to the defendant in respect of any breaches of contract on the part of the claimant, and are not intended to represent or are related to any alleged actual loss, but instead unduly enrich the defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges in unenforceable by virtue of the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Regulations 1999 and common law.

  • Accordingly the Claimant claims:

a) The return of the amounts debited in respect of charges to the sum of £x

b) A declaration from this honorable court that the term of the contract leading to the application of the charges is unenforceable

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods the court deems just.

Does that seem right?

Thank you both for your replies.

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This seems fine, just take on board Michael's comment above.

 

They just want you to worry about what you've done and pull out of your claim......NO CHANCE!!

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Thank you!

 

You have both reassured me.

 

I will update when I hear anything....I think someone said the average waiting time is 33 days from filing AQ...so approx 16th Jan???

 

Now, to play the waiting game.

 

Thanks again.

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Mine was only 15 days from AQ deadline so it may be sooner.

 

Good Luck!!

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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