cooxie v natwest

[cooxie]

ok, after much reading this is my first post.

 

Have sent the prelim letter (fobbed off) and LBA (no reply), Im now at the court stage where I might start needing a bit of help, advice or a kick up the rear if it gets too scary.

Anyway, have submitted N1 at local court this morning so thanks to everyones advice on this site im on track to reclaiming my money.

[The cobbett slayer]

Welcome Cooxie

 

All I can say at this stage is make sure you read the FAQ's and templates library thoroughly and be clear about every step before you jump in feet first. Any questions - ask. If you get it right from the start you can't go wrong.

 

Paul

[dantracey]

Hi Cooxie

 

Good luck, please make sure you read over and over again the faq,s a lot of people are just jumping in feet first and getting in a muddle at the court stage then asking for help?

It also helps if you get a buddy who is at the same stage as yourself

 

Again good luck

[cooxie]

Thanks to you both for your replies.

I am reading all the time and checking back to the faq's & templates every step of the way. Will also keep up with threads at same stage.

Thanks again

[cooxie]

Hello

 

Have recieved today Acknowledgement of Service from Cobbets stating they intend to defend all of the claim. If i'm correct they now have 28 days from date of service to enter their defence.

 

Filed N1 on 22 Dec but haven't recieved notice of issue from court so not sure of the date deemed served. I should have this by now, shouldn't I???

 

Also recieved today response to LBA sent 30 Dec, from Mr Higley, asking me to bear with them whilst they investigate. Sorry Stu, no can do.

[muggins73]

Hello

 

Have recieved today Acknowledgement of Service from Cobbets stating they intend to defend all of the claim. If i'm correct they now have 28 days from date of service to enter their defence.

 

Filed N1 on 22 Dec but haven't recieved notice of issue from court so not sure of the date deemed served. I should have this by now, shouldn't I???

 

Also recieved today response to LBA sent 30 Dec, from Mr Higley, asking me to bear with them whilst they investigate. Sorry Stu, no can do.

 

Hi cooxie and Happy new Year to you.

 

The courts are a tad bogged down with all us lot claiming lately;)

 

I suggest if you are that concerned try ringing the chaps at the court. they are far more helpful than the dimwits at Natwest are. They'll be able to advise you how your claim is going and how to progress if need be.

 

hope this helps, and good luck.

[cooxie]

Thanks Muggins and new year wishes to you too.

 

Not too concerned at the moment, kind of expected it to take a while with Xmas and all, just didn't expect to hear from Cobbetts first.

Will see what Mondays post brings then maybe chase it up next week.

[muggins73]

Cobbetts did exactly the same to me and sent their defence before the court.

Sounds like a good plan.

[cooxie]

Hi all, things seem to be moving now..

 

Recieved Cobbetts defence this morning, reading other threads it seems to be the standard 6 points everyone else has recieved.

There is no cpr part 18 or further info request, covering letter just asks I acknowledge receipt.

[muggins73]

Exactly same as mine cooxie.

 

To be honest I felt a little left out, with not having the CPR part 18 request;)

 

This time do as they have requested and write a two sentence ltter acknowledging the Defence (if that's what they can call it), after all it is the polite thing to do.

 

You should receive acknowledgement from the court along with what's called an Allocation Questionnaire. Unfortunately, this is when you have to part with yet more dosh:(, but it gets automatically added to the total of your claim:).

Then it is a case of waiting for your court date followed by an offer of settlement or a lame 'goodwill gesture' (if you haven't already received one), court date and then full settlement. That is providing you don't actually have your day in court..which is like asking pigs to fly:D

Anyways, well done for getting this far. It should be over sooner than our hot summer season!!!!!

[cooxie]

Hi Muggins,

Nice to know you're keeping an eye on this, I've been fairly confident so far but i think the nerves might be setting in.

Have gone through their Defence again and section 5 relates to section 15 of Supply of Goods and Services Act as follows;

 

5.5 It is the case of the Defendant that the contract between the

Claimant and defendant does not fall within SGSA section 15

because (a) the consideration for the service would be determined

by the contract between the Claimant and the Defendant and (b)

was not left to be determined in a manner agreed by the contract

or determined by the course of dealings between the Claimant

and the Defendant.

 

It may just be me getting twitchy but can anyone tell me if this is their standard argument?

[muggins73]

Yep, also the same as mine:rolleyes:

 

It's all becoming a bit tedious if you ask me, me thinks they are trying to excuse themselves by trying to say that they have provided 'a service'. Apparently, The Money Program highlighted that they (meaning the banks) may try this 'ole trick. Again nothing to worry about, just fill in your AQ, add the new direction this is discussed in length here New strategy for Allocation Questionaires) and wait to hear back from Mr Judgy.

 

Overall, dont panic it'll all come out in the wash;)

[steve1cooke]

Just as an aside, I have heard back from the court and they order that I give Cobblers the info they request on their CPR18. Has anybody else had this happen. If so, what would be my next step?

 

Please please help me on this one. Can I send an argument to the judge stating how Cobblers are just wasting time and have done this on numerous occasions, paying out soon afterwards in EVERY single case? Would I be held up for contempt for disobeying a direct order?

 

Or do I have to comply with the courts wishes?

 

Please help.

[cooxie]

Thanks for the reassurance muggins, I agree the whole damn thing is tedious and the banks obviously know this and think we'll give up. Will sit tight and wait for the AQ.

 

steve1cooke - I didnt get a cpr18, ive seen your thread and if the judge, not Cobbetts, has ordered you to respond then you MUST comply with the order. I dont feel confident enough to advise you how but i'm sure ive seen other threads about this and if I can find them I'll post on your thread. Have you looked in the CPR18 sticky? Good luck

[steve1cooke]

Many many thanks cooxie.

 

Any help MOST appreciated. I don't want to fall down by not doing things properly.

[cooxie]

Since recieving a copy of the Defence from Cobbetts, two weeks have passed and I have heard nothing from the court, no AQ or anything!

 

In the meantime I turned down a 50% offer from Cobbetts and they have gone quiet now too.

 

Today I have recieved a reply to my LBA which I sent on 30 November from Stuart Higley offering me the full amount on the schedule of charges.

 

This is about £400 short of my total claim. So, should I just write refusing this as court costs and interest have since been added or should I ring customer relations as it suggests in the letter to "discuss this offer".

[muggins73]

Ooohh tough one!

If it was moi, I'd write to them, not phone, stating that I'd be willing to accept this offer as partial settlement la,la, la and ask them for the remainder.

See how they stick that in their pipe and smoke it.

I've got a feeling, and my crystal ball concurs, it'll all be with you soon enough.

[cooxie]

Ok will do, thanks Muggins.

Your's should be on its way any day now, surely. Fingers crossed.

[muggins73]

Ta very much, lovey.

Your threads are linked to my subscriptions so hopefully I'll be the first to congratulate you.

[cooxie]

To update, sent letter informing Mr H that his offer is too late and already filed at court, accept as part payment and all that.

 

Still sitting here waiting for my AQ so decided to ring the court.

 

They sent it on the 5th Feb the nice lady tells me, has to be back by the 20th but still aint got it yet, so she's sending me another one.

Royal Mail playing the letter lottery with my post again, me thinks.

 

In the meantime I've downloaded one from the HMCS website, so unless I get a win from the postman tomorrow, I'll fill that in.

[muggins73]

That's what I did. The HMCS one works just as well. The only thing is that you are unable to save a copy of it onto your 'puter, so make sure you make three copies once you've filed it in. Keep one for you records and send one to the court (obvioulsy) and one to Cobbetts with a brief, but polite, covering letter.

You'll receive the same from Cobblers and then (eventually) a Notice of of Allocation to the Small Claims Track from the court.

[cooxie]

I'll be amazed if I ever get anything from the court, keep getting all my info over the phone and from Cobbetts.

 

They insist letters have been sent out but I never recieve them.

So, Royal mail have just had a nice long complaint from me today, between them and the courts they're making Cobbetts look reliable.

[muggins73]

Friendly word of warning, although at this stage it might not be soon enough, phone calls are not good unless you can record the conversations. Mr Judge will have no record of what is said in these conversations, and therefore Natwest/ Cobblers can state anything they like given half the chance.

If this happens again, politely decline from discussing matters over the phone and insist that they send any corresspondance via recorded delivery if necessary.

Failing this, slip the posty a £10 to sort your mail out himself!!!!

[cooxie]

Thanks, appreciate the warning muggins.

I haven't called cobbetts tho, just the court cos I dont recieve their mail. Notice of issue/acknowledgement of service/defence/AQ have all gone AWOL. The only info I have is what Cobbetts have sent, haven't needed to ring them.

[muggins73]

Ok honey, sorry misread the sentence 'keep getting all my info over the phone and from Cobbetts', probably half a sleep:o