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Louisk vs NatWest


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hi Gizmo,

 

Yes basically its the same letter as yours - but they've really p****ed me off saying in a legal document (Defence) that I have not provided account number, sort code and details. I gave all this information to Mr. Higley with my last LBA.

So my response is:-

 

Dear shoemaker

 

Claim No: 6QZ49155

 

I Acknowledge the receipt of the defence posted on behalf of National Westminster Bank.

 

I am not prepared, at this stage, to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative.

 

Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. I obtained all of the information pursuant to this claim (vis the charges, account numbers etc) from your client, National Westminster Bank plc. I am therefore somewhat surprised that you have not been sent this information by them directly to enable you to defend this claim efficiently.

 

The fact your client has not provided you with account number, sort code etc. would suggest that your client does not wish you have these details, possibly for security reasons. Therefore for me to provide you with these details I will need written consent from your client to do so.

 

With regard to Defence section 3. “No admissions are made as to what charges have been debited to the Claimant’s bank account.”

 

This is blatantly untrue I have provided your client with all details regarding charge dates, amounts and detail, which incidentally were initially provided to me by your client, this information was sent to: Stuart Higley National Westminster House 225 Shenley Road, Borehamwood, WD6 1TE; 30 June 2006, Special Delivery Ref: ZV 1805 4108 4GB; received 3 July 2006 7:20 AM signed for by P.Sherley.

 

However I will take this opportunity to provide you with an updated schedule of unlawful charges made by your client including 8% interest, please find enclosed the aforementioned schedule. As soon as I am in receipt of written consent form your client with regard to account numbers and sort code I will provide these details.

 

 

Do you think this may be a bit strong ?

 

No I think it is very good actually - not sure about the client not wanting them to have details though - the onus may be on us to provided details and we already have. Do you mind if I plagarise a couple of paragraphs?

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no problem

The only thing necessary for the triumph of evil is for good men to do nothing.’ Edmund Burke

 

Total unlawfully taken £3247 (NatWest)

Data Protection Act Sent 05/05/06

Full Response Received 15/06/06

Prelim. Sent 16/06/06

LBA Sent 30/06/06

MOL claim Started 26/07/06

Defence and CPR18 received 26/08/06

AQ Sent 15/09/06

Cobbets Offer Half 18/09/06

Offer Rejected 19/09/06

Court orders Stay 26/09/06

objection sent 29/09/06

Mission Accomplished 9/10/06 :-D

 

Total unlawfully taken £650 (Kensington)

MOL claim Started 26/07/06

Offer received 17/08/06 rejected.

Defence received 26/08/06

Court orders Stay 18/09/06

Objection Sent 23/09/06

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  • 2 weeks later...

Got a reply from cobbetts, last paragraphy:-

 

"Accordingly, on allocation of this matter, we will be suggesting that case management directions cannot be proposed until you serve a full and detailed Reply to our Request."

 

I have already sent them a full schedule of unlawful charges - I dont know/ understand what more they want. Told them I will only response to part 18 if ordered to do so by court.

 

Any ideas anyone ?

The only thing necessary for the triumph of evil is for good men to do nothing.’ Edmund Burke

 

Total unlawfully taken £3247 (NatWest)

Data Protection Act Sent 05/05/06

Full Response Received 15/06/06

Prelim. Sent 16/06/06

LBA Sent 30/06/06

MOL claim Started 26/07/06

Defence and CPR18 received 26/08/06

AQ Sent 15/09/06

Cobbets Offer Half 18/09/06

Offer Rejected 19/09/06

Court orders Stay 26/09/06

objection sent 29/09/06

Mission Accomplished 9/10/06 :-D

 

Total unlawfully taken £650 (Kensington)

MOL claim Started 26/07/06

Offer received 17/08/06 rejected.

Defence received 26/08/06

Court orders Stay 18/09/06

Objection Sent 23/09/06

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Got a reply from cobbetts, last paragraphy:-

 

"Accordingly, on allocation of this matter, we will be suggesting that case management directions cannot be proposed until you serve a full and detailed Reply to our Request."

 

I have already sent them a full schedule of unlawful charges - I dont know/ understand what more they want. Told them I will only response to part 18 if ordered to do so by court.

 

Any ideas anyone ?

 

This is a new one - did you give then account detailsetc otr did you send letter as above?

Consumer Health Forums - where you can discuss any health or relationship matters.

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Hi gizmo,

 

yes I sent 'as is'. I have today sent them a copy of my LBA which does show account details, in fact all my letters to NafPest have had my account details.

 

When they say they have not got them it is quite simply a lie - I wonder if the Law Society should be told about this? :-x :-x :-x

The only thing necessary for the triumph of evil is for good men to do nothing.’ Edmund Burke

 

Total unlawfully taken £3247 (NatWest)

Data Protection Act Sent 05/05/06

Full Response Received 15/06/06

Prelim. Sent 16/06/06

LBA Sent 30/06/06

MOL claim Started 26/07/06

Defence and CPR18 received 26/08/06

AQ Sent 15/09/06

Cobbets Offer Half 18/09/06

Offer Rejected 19/09/06

Court orders Stay 26/09/06

objection sent 29/09/06

Mission Accomplished 9/10/06 :-D

 

Total unlawfully taken £650 (Kensington)

MOL claim Started 26/07/06

Offer received 17/08/06 rejected.

Defence received 26/08/06

Court orders Stay 18/09/06

Objection Sent 23/09/06

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Sending my AQ today (due 17/09/06) do I make cheque payable to HMCS or the local court ?

The only thing necessary for the triumph of evil is for good men to do nothing.’ Edmund Burke

 

Total unlawfully taken £3247 (NatWest)

Data Protection Act Sent 05/05/06

Full Response Received 15/06/06

Prelim. Sent 16/06/06

LBA Sent 30/06/06

MOL claim Started 26/07/06

Defence and CPR18 received 26/08/06

AQ Sent 15/09/06

Cobbets Offer Half 18/09/06

Offer Rejected 19/09/06

Court orders Stay 26/09/06

objection sent 29/09/06

Mission Accomplished 9/10/06 :-D

 

Total unlawfully taken £650 (Kensington)

MOL claim Started 26/07/06

Offer received 17/08/06 rejected.

Defence received 26/08/06

Court orders Stay 18/09/06

Objection Sent 23/09/06

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In the post this morning, from those very rich people at cobbetts, an offer of £2300 - not bad, but no cigar.

 

Sending my rejection this afernoon.

 

Letter states

 

'charges are fair, reasonable and transparent - charges have been applied strictly in accordance with your agreement - complies with all applicable laws and regulations. '

 

 

Who write this stuff could it be Him ?

 

07-minister.jpg

The only thing necessary for the triumph of evil is for good men to do nothing.’ Edmund Burke

 

Total unlawfully taken £3247 (NatWest)

Data Protection Act Sent 05/05/06

Full Response Received 15/06/06

Prelim. Sent 16/06/06

LBA Sent 30/06/06

MOL claim Started 26/07/06

Defence and CPR18 received 26/08/06

AQ Sent 15/09/06

Cobbets Offer Half 18/09/06

Offer Rejected 19/09/06

Court orders Stay 26/09/06

objection sent 29/09/06

Mission Accomplished 9/10/06 :-D

 

Total unlawfully taken £650 (Kensington)

MOL claim Started 26/07/06

Offer received 17/08/06 rejected.

Defence received 26/08/06

Court orders Stay 18/09/06

Objection Sent 23/09/06

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Share on other sites
In the post this morning, from those very rich people at cobbetts, an offer of £2300 - not bad, but no cigar.

 

Sending my rejection this afernoon.

 

Letter states

 

'charges are fair, reasonable and transparent - charges have been applied strictly in accordance with your agreement - complies with all applicable laws and regulations. '

 

 

Who write this stuff could it be Him ?

 

07-minister.jpg

 

How do they work out offers ? got an offer from them today offering 1300 out of 4700

Consumer Health Forums - where you can discuss any health or relationship matters.

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Now that is very odd my total claim is £4300 - maybe someone just hit the wrong key ?:? :? :?

 

Anyway you wouldn't have taken half would you?

The only thing necessary for the triumph of evil is for good men to do nothing.’ Edmund Burke

 

Total unlawfully taken £3247 (NatWest)

Data Protection Act Sent 05/05/06

Full Response Received 15/06/06

Prelim. Sent 16/06/06

LBA Sent 30/06/06

MOL claim Started 26/07/06

Defence and CPR18 received 26/08/06

AQ Sent 15/09/06

Cobbets Offer Half 18/09/06

Offer Rejected 19/09/06

Court orders Stay 26/09/06

objection sent 29/09/06

Mission Accomplished 9/10/06 :-D

 

Total unlawfully taken £650 (Kensington)

MOL claim Started 26/07/06

Offer received 17/08/06 rejected.

Defence received 26/08/06

Court orders Stay 18/09/06

Objection Sent 23/09/06

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Now that is very odd my total claim is £4300 - maybe someone just hit the wrong key ?:? :? :?

 

Anyway you wouldn't have taken half would you?

 

Nope - 100% - hopefully next week.

Consumer Health Forums - where you can discuss any health or relationship matters.

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  • 2 weeks later...

Court has ordered a stay until 1st March 2007 - oh what joy!

 

Sending BF's objection letter today.

The only thing necessary for the triumph of evil is for good men to do nothing.’ Edmund Burke

 

Total unlawfully taken £3247 (NatWest)

Data Protection Act Sent 05/05/06

Full Response Received 15/06/06

Prelim. Sent 16/06/06

LBA Sent 30/06/06

MOL claim Started 26/07/06

Defence and CPR18 received 26/08/06

AQ Sent 15/09/06

Cobbets Offer Half 18/09/06

Offer Rejected 19/09/06

Court orders Stay 26/09/06

objection sent 29/09/06

Mission Accomplished 9/10/06 :-D

 

Total unlawfully taken £650 (Kensington)

MOL claim Started 26/07/06

Offer received 17/08/06 rejected.

Defence received 26/08/06

Court orders Stay 18/09/06

Objection Sent 23/09/06

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I was wondering if it might be advantagous to request the case be transfered to Mercantile court ?

 

Would you need consent from Cobblers ?

 

Or is it only the judge who can make such a request ?

 

There are pros and cons but it should speed things up a little.

The only thing necessary for the triumph of evil is for good men to do nothing.’ Edmund Burke

 

Total unlawfully taken £3247 (NatWest)

Data Protection Act Sent 05/05/06

Full Response Received 15/06/06

Prelim. Sent 16/06/06

LBA Sent 30/06/06

MOL claim Started 26/07/06

Defence and CPR18 received 26/08/06

AQ Sent 15/09/06

Cobbets Offer Half 18/09/06

Offer Rejected 19/09/06

Court orders Stay 26/09/06

objection sent 29/09/06

Mission Accomplished 9/10/06 :-D

 

Total unlawfully taken £650 (Kensington)

MOL claim Started 26/07/06

Offer received 17/08/06 rejected.

Defence received 26/08/06

Court orders Stay 18/09/06

Objection Sent 23/09/06

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Share on other sites
  • 12 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

The only thing necessary for the triumph of evil is for good men to do nothing.’ Edmund Burke

 

Total unlawfully taken £3247 (NatWest)

Data Protection Act Sent 05/05/06

Full Response Received 15/06/06

Prelim. Sent 16/06/06

LBA Sent 30/06/06

MOL claim Started 26/07/06

Defence and CPR18 received 26/08/06

AQ Sent 15/09/06

Cobbets Offer Half 18/09/06

Offer Rejected 19/09/06

Court orders Stay 26/09/06

objection sent 29/09/06

Mission Accomplished 9/10/06 :-D

 

Total unlawfully taken £650 (Kensington)

MOL claim Started 26/07/06

Offer received 17/08/06 rejected.

Defence received 26/08/06

Court orders Stay 18/09/06

Objection Sent 23/09/06

Link to post
Share on other sites

Please note that this topic has not had any new posts for the last 5175 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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