Reesdance1 v Natwest **WON**

[reesdance1]

hi all can anyone tell me when you as the claimant have to fulfill your part of the "draft order of directions"? does the court inform you of when the order was served and then you have 14days to comply?

[Lucylou]

As the claimant, you are waiting now for directions from the judge / the court ONLY ( not Cobbetts even if they do try it on.) He/she will advise you what is to be submitted and will give you the date you are to submit it by.

[reesdance1]

thanks lucylou ,am i right in assuming that complying to the draft order is part of what i need to provide in my court bundle or is it a separate thing i need to provide before hand to the court

[asalique]

No improved offer yet. called cobbetts advised still waiting instructions from natwest. informed my aq deadline 24 Feb and plan to to aq early next week so need a reply from natwest urgently. advised will chase natwest and I should call court and ask to extend aq deadline by 14 days as currently discussing out of court settlement. not sure what to do, any suggestions?

[natwesttookmymoney]

Yes - file your AQ. Do NOT ask for an extension or delay - why should you? I presume you want this settled ASAP so why delay proceedings?

 

If they come up with an offer before then, fine. If they don't, equally fine - no skin off your nose. They are, ultimately, more concerned about going to Court than you are, because they will then have to reveal their costs. YOu may be apprehensive but that's just because you don't know your way around. They do, and they know they want to avoid it.

 

Send your AQ, with the draft order for directions. That will speed things up. Delay will just slow things down - and they want that, not you.

 

Best

 

Westy

[reesdance1]

hi asalique yes i agree with westy to go ahead and post your AQ and draft order as soon as poss. i posted mine last week, so im playing the waiting game at the mo, but im thinking to ring cobbetts on monday just out of curiosity to see what they have to say,will keep you posted

[fire fox]

Hi reesdance

I am at exactly the same stage as you. I sent my court bundle including the points raised in the draft order on the 13th Feb. Assuming 2 days for them to get it at the outside that gives Cobbetts until 1st March to get their answers to the draft order and proper defence back to the court and me. So its just a question of sit and wait until then. Bye the way my court date is April 16th but Im hoping for it to be settled long before then. On March 1st I intend to phone the court to see if they have complied.

[reesdance1]

hi foxy havent got a court date yet,ive just sent my AQ,draft order,another copy of scedule of charges and letter refusing to reply to the cpr part 18 back to the court and copies to cobbetts. im not sure what a court bundle involves, it sounds a bit daunting to me but will have to look in the templates library for help.

[fire fox]

It entails a lot of photocopying because you need three copies of everything but it can all be found on here. My advice is to allow plenty of time to get it all done. I got a bit bogged down with it in the begining and then with 2 days to go before it had to be in I was in a mad panic !!

[asalique]

Thanks, will follow your advice and send aq in the next few days. Thanks to shoreditch court I have a extra week. Northampton gave till 26th feb but Shordicth my local court where case/claim have been transferred sent aq and gave till 2 mar. I phone Northampton to ask which date to follow, they confirmed Shoredictch.

asalique

[asalique]

GOOD NEWS

 

Received cheque this morning from Cobbetts by Spec del.

 

Second phone call and some pressure produced the desired result. Informed Cobbetts yesterday only reason for not claiming intererst is to get quick settlement. Given them reasonable time to make improved offer, they failed, and unless I hear from them or receive a cheque by friday I will send my AQ on monday. Advised to call in few days time and cobbetts will do their best to have it sorted out in the next few days.

 

With the cheque they sent Notice of discontinuance and asked to send one copy to court and another to cobbetts. It asks for name of judge granted permission for the discontinue and order date. Not sure if I should send this to court or just a standard letter informing reached settlement.

 

THANK YOU TO EVERYONE FOR THEIR HELP AND ADVICE.

A Salique

[natwesttookmymoney]

Well, many congratulations to you. Mind you - no interest at all? You've let them off lightly!

 

I'd use the form they supplied - at least you know that, if anything goes wrong, you have done what they asked!!

 

If you don't know the name of the judge, leave it blank. Obviously, you don't know the day on which s/he made the order, so leave that blank. Enclose a covering letter to the Court, explaining that you're discontinuing and asking for the appropriate judge to make the order.

 

At least, I think that's what you should do!

 

Best

 

Westy

[asalique]

Thanks Westy

 

Now waiting to hear from capital one, mcol done on 13 Feb, acknowledged 15 Feb.

 

Regards.

 

A Salique.

[reesdance1]

congrats to you asalique and well done ,if the interest didnt amount to much then i think this was a far less stressful route

[reesdance1]

can anyone tell me what a "standard order for stay for settlement with consent of all the parties " is about,this is a letter i have received from the court after i sent my AQ and draft order etc to them .Cobbetts have also sent me a copy of their AQ and have stated in this that because i havent completed "the request for further information" case management directions cannot be proposed,and say the defendant may amend its defence or apply for a strikeout. is this cause for concern, i thought i'd covered everything in my last lot of correspondence to them HELLLLP

[asalique]

Thanks reesdance. To be honest I was not too concerned about the interest, (about£340) from the start regardless of the amount, just felt interest was not my money that they taken and all i wanted was retrun of all the money they taken plus court fees.

 

How you getting along, did you speak to cobbetts about settleing minus interest

 

All the best

 

asalique

[reesdance1]

i have received a letter from the court titled "standard order for stay for settlement with consent of all the parties". has anyone else had one of these letters?i i received this after sending my AQ and draft order of directions etc back to the court. thought i'd done all i needed to do and now not sure if ive missed something as ive not heard of this before

[nwhessian]

I think it means Natwest have asked for a stay on the case, to give them more time. Hopefully meaning they have a cheque on its way to you but im sure someone will be along to help soon.

[reesdance1]

yes it says in the letter, on or before the 30th march certain steps must be taken, so i dont know whether cobbetts or the court have requested this. anyway if they need a bit more time to sign that cheque for me ,thats even better

[reesdance1]

please can someone tell me whats going on,cobbetts have sent me a copy of their AQ , and on this they say that "case management directions cannot be proposed until i serve the request for further information" and if this is not done they will amend their defence or apply to strikeout. i have already sent a letter stating that i dont need to reply to the cpr part 18 as my case is to go through fast track ,as suggested on here. please can someone advise me on what to do now? and to top it all ive just had a letter from my local court this mornin saying that they are transferring the case to "cardiff civil justice centre" eek!!!! this sounds really ominous, has anyone else had their case transferred like this, is there cause for concern, im actually really worried now please can someone help ?

[Parkvale]

reecedance1,

Standard cobblers request . Have they mentioned a date you should have answered by ? A s far as transfer to Cardiff court. This will be a higher court . The judiciary are trying to get a test case so there can be a precedent set . Don't worry on the home straight now . Have a look at this : http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/47462-new-test-case-hearing-4.html

[reesdance1]

yes the date was 16th feb, to which i replied to them on the 8th feb. they have put the above concern in the space for "further information" on their AQ. oh my gawd i dont know if i like the sound of all this higher court stuff,it sounds as if im being used as a test case example of what can happen if you mess with the big boys, im even more scared now. times like this i wish i'd studied law not art. who are actually pushing this cobbetts or the court? eek !!!!!!

[Parkvale]

reesdance1,

Calm down . Remember the banks have never defended their charges in a court room . Your are on the fast track route which involves standard disclosure. which would mean the banks having to disclose the true costs of their charges. Never going to happen They will settle before court . If you have copies of your reply to cobblers, then again stop worrying. The courts will direct you now, not cobblers . Who

are trying to intimidate you into throwing in the towel . Nothing is certain in these cases

but my thoughts are that it is to your advantage to be moved into a higher court. It might make them fold quicker. Good luck.

[reesdance1]

thanks for that parkvale, i am ******** it ,but feel a bit more chilled now . do you think i need to reply to cobbetts about the "request for further information" issue or not ?

[reesdance1]

p.s i also sent all copies of letters to cobbetts to the court,so the court know ive replied to cobbetts about the cpr part 18