Twister v NatWest

[Mister Twister]

My first post.

 

Cobbetts have until Xmas day to enter a defence. I have not heard anything at all from them yet but guess this is normal. They have until Saturday if anything is going to be recieved in time.

 

Once the 28 days are up, even if it is over the Xmas holidays are they given any extra time to enter their defence or do I win automatically?

 

I do get a buzz out of the deadline being Xmas day, can't explain exactly why!?

[gizmo111]

In general the court will allow an extra day or so for them to enter defence - especially with bank holidays etc. If you get judgement by default they will only apply for and get a set aside so best to wait a few days. They wil lenter defence - personally as it is only a cut and paste document I can't see why it takes so long - but it is just more Cobbetts delaying tactics.

[Mister Twister]

Thanks for your swift reply Gizmo!

 

I will keep everyone updated if I hear anything from Cobbetts.

 

The money would definately come in handy in the new year.

[Mister Twister]

Recieved my Allocation Questionnaire from my local court last week and completed it ready to submit but I am holding back since Cobbetts have been known to pay up before the deadline.

 

I sent a copy to Cobbetts and followed up with a telephone today asking Cobbetts if they intend to send me a copy of their completed Allocation Questionnaire. They informaed me that they could not lay their hands on my file since it was with another department?? and they would be sending me a copy once they complete it. They only have until Monday!

 

Has anyone actually seen a completed copy of the AQ from Cobbetts? I would love to see a copy of one or know what they include in the other information section at the end of the form.

 

Also I was sent the N150 but my claim is less than £5000 before interest and costs. I called the courts and they told me not to worry, in fact the person I spoke to at the court was very helpful and was telling me not to worry what was on the form but to just fill it in best I can.

 

Will keep you posted.

[Mister Twister]

Yesterday was the final day for submitting the Allocation Questionnaire.

 

I have submitted mine but was informed by the courts that Cobbetts had not submitted theirs. When I asked what would happen I was informed that Cobbetts would get a letter informing them they had a further 7 days ot the case would be struck out. SO WHAT WAS THE POINT OF GIVING THE ORIGINAL DEADLINE!!

 

This morning recieved a copy of N149 from Cobbets (even tho I had to complete the N150).

 

I know they have not filed it with the court ob time but it says it was filed on the 16th - so I guess the courts got it today.

 

I am now worried since Cobbetts have entered in the other information the following:

 

"Case management direction cannot be proposed until the Claimant serves a reply to the request for further information which was due on 5th January 2007. In light of this, the Defendant may amend its Defence or apply to strike out"

 

HELP - what now?

[Mister Twister]

Ok - Just sent the following to the court and Cobblers!

 

Dear Sir/Madam

 

Claimant’s response to the request for further information

 

I have received today a copy of the Allocation Questionnaire submitted by the Defendant. In the Other Information section they have stated that a Request for Further Information was due on the 5th January 2007. I had written to them prior to this date and explained I had already provided the information and felt that the request which they say was made pursuant to CPR Part 18 did not apply since the claim would most likely be allocated to the small claims track.

 

The Defendant’s part 18 request suggests very strongly that I have not supplied them with enough information to mount a defence. Despite this they have submitted a very full and complicated defence.

 

I am anxious to be seen to be co-operating as much as I can and therefore I am providing the following information and sending a copy to the defendants.

 

The defendants ask for a detailed breakdown of the charges that have been applied to my account and my account details. I do not understand why they require this information as we sent them a copy on both 22nd November 2006 and 2nd January 2007. I also filed a copy with my claim which you will find in the court file and presumably the court must have served this on the defendants with the claim form. In addition I had already sent a breakdown of charges to NatWest on the 7th October 2006 and 13th October 2006 and 27th October 2006.

 

In section 2.2 the defendant asks why the charges should not have been levied against me, but it has already been explained in the claim, the charges are disproportionate penalties. In fact section 3 of the defendants request makes it fully clear they are aware to the answers to their section 2.2 as they specifically refer to the reasons for my claim.

 

Section 4 of the defendants request; ask for details of my account contract with the defendant. However the defendants are clearly fully aware of the details of the contract, the contract is their own terms and conditions imposed by them with no basis for negotiation. Furthermore the defendant has purported to rely upon the terms and conditions in order to implement charges against me. The defendants must understand very well, which are the contractual terms in issue.

 

I am sure the court is already aware of the current flood of litigation which is being brought against all of the major banks on the issue of penalty charges. We can tell the court that hundreds of such claims have been issued at courts around the country, many having been allocated to the fast track and there are at least 10 cases transferred to the mercantile court in London to be heard as a test case. However to date every case has been settled by the banks before going to a hearing, even Barclays bank which is the defendant at the Mercantile court cases has started contacting the claimants and making an offer of full settlement in order to avoid the case being fully heard.

 

The NatWest defendants in our own case has settled over 200 cases, many of them for much larger amounts than my own claim.

 

The banks are fully aware of the bank charges issue. The Office of Fair Trading conducted a 2 year investigation into Credit Card penalty charge cases and found they were unfair and unenforceable at law. The OFT also said there was a read-across to banks of their penalty charges. The OFT has urged the banks to comply with their findings. The banks have refused and the OFT in entering into further discussions with them.

 

In the meantime the banks oblige thousands of their customers – very ordinary citizens, to bring court claims which their banks or their solicitors then go on to complicate the process with procedural devices such as the present part 18 request.

 

Only those claimants of sufficient heart and tenacity are eventually paid out in full. I am sure the great majority give up altogether or accept reduced payments. This is the deliberate intention of the banks style of litigation and in fact an offer of less than 50% of my claim was made to me last week.

 

The banks style of litigation is intimidatory and it is sham.

 

The banks style of litigation would be vexatious if it were not for the fact they are the defendants.

 

The Master of Rolls in 2004 addressed an international conference on vexatious litigation. He told the conference the evil of vexatious litigation was that it undermined justice and was a burden to the public resource.

 

I can not imagine any better description of the result of the banks style of litigation.

 

It really should not be for an ordinary citizen to bear the burden of bringing the banks back within the rule of law.

 

The OFT has the power to deal with this matter and is tasked and resourced to do the job. If the OFT were to seek an injunction then this burden upon the private individual could probably be brought to an end within a week.

 

 

Yours Faithfully

 

This was not my own work but borrowed and butchered from the Natwest Sticky's.

 

Any thoughts?

[emmashooter]

Looks Great to me! I had the same thing put in my AQ from them but after soem great advice just sat back and waited. Was told only the judge can strike out the case so not to worry about that!

[Mister Twister]

Thanks Emma.

[trish dunn]

That's an awesome letter, Twister. I've sent my AQ about 2 weeks ago and haven't heard anything since. Hopefully there'll be a knock at the door with a cheque to sign for!

[Mupster]

Good luck Twister - keep us 'posted'.....do Cobbetts really expect us to give up NOW? I'm sure like me you're more determined than ever.

[Mister Twister]

That's an awesome letter, Twister. I've sent my AQ about 2 weeks ago and haven't heard anything since. Hopefully there'll be a knock at the door with a cheque to sign for!

 

I checked with the court and although I have recieved a copy of the AQ from Cobbetts the court have not recieved their copy.

 

It may be worth giving the court a call tomorrow and see if Cobbetts have filed their AQ in your case. Their deadline would be the same date as yours, however if they have not entered it yet they just get a letter giving them a furhter 7 days or it will be struck out.

[Mupster]

Does 'struck out' mean the case is struck out or Cobbett's defence? Sorry, I'm a little confused

[Mister Twister]

Muppet

 

I was led to understand that the defence will be struck out if Cobbetts don't submit the AQ after the 7 day deadline.

[Mister Twister]

Just spoken to the courts and they tell me that they are very busy and the case will be set for March at the earliest but probably later.

 

This is taking sooooo long.

 

Do Cobbetts wait until a few days before court or do they pay once it has been allocated?

[Mupster]

Hang in there, Mister Twister, there are quite of few of us at around the same stage!!!!!! I know how frustrating it is and of course the courts are busy - I bet they are fed up with all these bank cases!! If you've read other threads, you'll note that a lot of people seem to have received their cheques at the same time so maybe we will all be in the next Cobbett's cheque run

 

Mups

[Mister Twister]

I WON !!!!!!!

 

Recieved my cheque last week and it cleared today - £5733

 

Good luck all....

[Guest NATTIE]

congratulations!!

[Mupster]

Congratulations Twister - you kept that quiet!! What happened then? Did you actually get a court date allocated? Well done!!

 

Mups

[Mister Twister]

Got a court date then the cheque arrived a couple of days later.

 

I reckon you will have your cheque in the next 7 days so hang in there and don't get too concerned about the court date.

 

Apparently it takes two weeks for the cheque to be issued by Natwest even tho Cobbetts have instructed them to pay.

 

YOU ARE NEARLY THERE!

[Mupster]

Gosh I hope so.....I'm getting quite stressed about it now so I hope your prediction comes true!

 

Thanks and enjoy the money!

 

Mups