Tumble v Natwest ** WON **

[hms]

Hello everyone,

 

This is my first post on here as I have had the benefit of reading the wonderfull info on this forum. Wondering if I could get some advice in my case with NatWest.

 

I have sent all the standard letters, and stuck to my deadlines. Due to the lack of response, I have filed a clain using MCOL. This is at the 6 week stage.

 

I have noticed that the Banks are often defending the claim, and requesting further information. Which the court is allowing them to request. The question is this, should I be one step ahead and file a full Particulars of Claim with all the relavent points and an alternative argument. Or should I simply wait to see if they respond within the 14 day deadline. Also, I have a sample court bundle for CAG. Should this document be sent? If so, to whom and when??

 

Thanks for your support.

[Parkvale]

hms, You must start your own thread. where we can follow and help you much easier.

[tumble]

okay here comes the big one , only recently received an allocation questionaire from the court - my poc was a replica of the good work done by josamolly, im unsure how to complete the allocation questionaire as this claim is over 5k - I ll scout round the site but feel free to jump in as ive only got until the 30/7 to return it and could go into labour at any time now

 

Tried to find the usual suspects in chat but where has it gone ?

 

Thanks

 

Tumble

[tumble]

Been away from the site for a while so have had to do some serious catching up as recieved a court date. The judge had issued directions almost identical to what I had requested- great- set too preparing bundle which needed to be presented to both the court and cobbetts by 23 Oct. I thought Id chance giving a cobbetts a nudge to see if they were going to settle only to be told that the court had issued a stay, which I have not received as yet , probably due to the postal strike. Feeling totally deflated I have trawled the site once again to discover that the wonderful Cag members have come up with a response which I am going to use to try and remove the stay. However need some advice.

 

1. Should I still forward response to directions before 23 Oct .

2. What is the success rate for the removal of a stay .

 

Presumably if the stay is lifted the banks just cough up, am I correct ?

 

Will someone please tell me what happened to the chat room(bear garden)

 

Thanks

 

Tumble:confused:

[TANZARELLI]

Chat was closed a while back due to some leaked info.

[steven4064]

Hi tumble

 

Success rate for removing stays is not good. There is really only a chnace if you can claim hardship (eg if you are on benefits or, possibly, minimum wage)

 

Bear garden is still there

[tumble]

Cant believe it - Apart from the petition is there anything else major being planned to stop this , its just not right . Ill object regardless.

 

Tumble

[steven4064]

Most courts are seeing the test case as a respite from the prressure they were under- can't really blame them. The test case is scheduled for 8 January and expected to last 8 days (and to achieve nothing).

[tumble]

I wish I had mentioned way back that the account that was stayed was a business account . I didnt dig too deep at the time as a family tragedy occurred and I completely lost track of everything . I only discovered today that the oft case only related to personal accounts. I have rang cobbetts who have requested that we apply to the courts simultanously to have stay lifted as apparantly this saves time. (they did not realize it was a business account ). I did not state on my poc that this was a business account and refered to personal banking conditions- I also made referance to uttcr in my poc -could this affect my claim ? The judge did give directions for disclosure. Could my application be struck out because of any of the two points ive mentioned.

 

Tumble

[tumble]

Im so glad I bothered to post threads , its like a diary as im sure I would have forgotten were I was upto !!!!!!!!!!!

[steven4064]

I wish I had mentioned way back that the account that was stayed was a business account . I didnt dig too deep at the time as a family tragedy occurred and I completely lost track of everything . I only discovered today that the oft case only related to personal accounts. I have rang cobbetts who have requested that we apply to the courts simultanously to have stay lifted as apparantly this saves time. (they did not realize it was a business account ). I did not state on my poc that this was a business account and refered to personal banking conditions- I also made referance to uttcr in my poc -could this affect my claim ? The judge did give directions for disclosure. Could my application be struck out because of any of the two points ive mentioned.

 

Tumble

I don't think te whole claim would be struck out but this 'evidence' is obviously not admissable. The OFT case has some serious implications for business claims - you should look at a few threads - particularly GuidoT's

[tumble]

Cobbetts did not reply so after chasing them up they have now told me that I should write to the court myself which i did suspect !!! Is there a particular form or will a letter suffice?

[tumble]

soz this relates to having a stay lifted

[tumble]

Received a letter from Cobbetts enclosing a copy of a letter sent to court requesting the stay be lifted in order for the claim to proceed.

Any thoughts ? Why would they want the stay lifted :?

 

Should I start a new thread relating to this claim ?