Richard v Natwest

[silverbird]

Hi everybody

 

I thought I should post on here to get some input and advice, now that things are looking a tad more serious on the reclaiming front and hence getting a little more complicated. I've followed the step-by-step instructions here to the 'T'.

 

I received NatWest's Defence and CPR 18 yesterday. I sent a letter to their Solicitors acknowledging receipt and stating that I would not be sending any further information, as this was not required of a Small Claims case, which it was likely to become (used the suggested template). Copied this letter and did a covering letter to the Court to explain I felt they were intimidating me etc.

 

Today I've received the Allocation Questionnaire.

 

I've completed it all, but have one question.

 

I understand that I must pay a fee of £100 if the claim is for over £1,500. The actual reclaiming charges amounts to £1,300, but the amount including interest totals over £1,500 ... so do I pay the £100 or not?! Or is it worth sending just to cover myself (don't want to risk the claim being struck out).

 

Thanks in advance!

 

EDIT - I've now just this second read about the 'new strategy for AQs' where you provide Draft Directions rather than the part about requesting standard disclosure. My problem is that I read this too late and have already written the standard disclosure text in the AQ. Shall I just send it as it is or attach a letter enclosing a draft Order for consideration???

[ataction]

The £100 is recoverable. Give the clerk of the court a ring, they are most helpful, just to confirm that payment is due. You are getting close to the end now.

Best of luck.

[muggins73]

I can concur, the chaps at the court are far more helpful than the dimwits at Natwest.

Start smelling the bacon, your monies should be sprouting little legs and is on its way:D

[silverbird]

Thanks to you both! The Court's phone line is closed today, so I will have to ring on Monday. Funnily enough I actually work for a Solicitor and so I've called the Court many a time before and have completed many Allocation Questionnaires in the past! Never thought I'd be doing it for myself (well, not technically for myself - I'm acting on behalf of my new husband, who has left it all to me. The extra money will do us both a favour, so it's now my fight as much as his).

 

With regards to the latter part of my original post (whether I should use the 'new stategy' or not - anybody have any suggestions? I'd already handwritten in the box for the AQ before I read about the new strategy that people are using. Any ideas??

 

Thanks for the replies! The advice, encouragement and support makes this so much easier to get through.

[silverbird]

Can anybody help? I am going to send it all off tomorrow, so was hoping for some advice today? If I don't get a response I'll just send the AQ off as it is without any draft Order.

[Deller]

The Standard Disclosure text will be sufficient, draft order is just another option.

[silverbird]

Fantastic - thanks ever so much, deller1

[silverbird]

Just to update - I sent off the AQ and did have to pay the Court fee, after checking with the Court.

 

On 11 January I received a letter from Cobbetts saying that they consider my challenge to NatWest's charges would fail in Court. However, as a gesture of goodwill they will offer a goodwill payment of £850 and we're not allowed to disclose any details relating to this paymnent.

 

Clearly I will be rejecting this ridiculous offer and will be sending them a letter detailing the same.

 

However, I've just looked for the letter and can't find it. The only one I can find refers to a settlement response letter right after the LBA, which seems like years ago now - is there one available that's more relevant to my stage in this claim?

[ataction]

Thank them for the offer and you can accept as a partial settlement, but you will be continuing with you claim for full settlement etc etc. Swift polite reply ensures your claim does not get stuffed to the bottom of the pile.

[silverbird]

Thanks very much indeed for such a speedy response! I'll just change the standard letter I found slightly then. Many thanks!

[silverbird]

UPDATE

 

I've been away on my honeymoon and have returned to a letter from Cobbetts enclosing a copy of Natwest's Allocation Questionnaire.

 

I have a query - under 'Other Information' they have written the following:

 

Case management directions cannot be proposed until the Claimant serves a Reply to the Request for Further Information which was due on 17 January 2007. In light of this, the Defendant may amend its Defence or apply to strike out.

 

Now, I sent the standard 'I don't have to give you this information' CPR letter on 4 January and sent a copy to the Court too. My question is - should I send a covering letter to the Court again drawing attention to this part of the Defendant's AQ and my previous letter to them, or should I just ignore it and await the Court date?

 

Thanks in advance!

[Guest NATTIE]

congratulations on getting married. hope you had a good honeymoon to go off topic briefly.

[Deller]

Sit tight and await directions from the court.

[muggins73]

hi silverbird,

 

Firstly, and most importantly, congrats to you and your OH.

 

Secondly, are you mad, marriage, hey?

 

Thirdly, and no so importantly, (and as deller so rightly put it), sit back and wait to hear from the court.

I got pretty much the same dribble on mine, except, mine was about changing the POC, which has ticked me off just ever-so-slightly, as it is the same POC that is used in the templates section and seems to do just fine for everyone else. Typical, bunch of a*** ****s!!!!

I am now playing the waiting game, once again, as nothing yet from judgy whom I expect is busy with everyone elses' claim:rolleyes:

Hang in there, matey, time will be up soon enough.

[silverbird]

Thanks for the congrats everybody! I'm very happy indeed.

 

Thank you all for your comments and reassurances. I will continue to sit tight and await that big fat cheque ... !

[Lauragary]

I've got the same sort of problem - I have to pay the £100 as well as my claim is for £1800. The weird thing is, is that Cobbetts have written to me to offer me more money and their letter basically says that I haven't got a chance of winning in court!

 

I don't know if they are correct

[Deller]

They are not correct Laura, you'll get ALL your money!!

[silverbird]

Yep, definitely NOT correct - keep going and refuse that money!

[muggins73]

I've got the same sort of problem - I have to pay the £100 as well as my claim is for £1800. The weird thing is, is that Cobbetts have written to me to offer me more money and their letter basically says that I haven't got a chance of winning in court!

 

I don't know if they are correct

 

I'd say laugh loudly and throw it in the recycling (but you may just need a copy of it for you court bundle)

 

It's a shame they dont put 'you haven't got a chance of winning in court, but in reality we are pooping our pants, please forgive us':D:D:D

[silverbird]

Just an update - I've received the Court Date (Small Claims) for 28 March 2007.

 

Please could somebody direct me as to where to go now - I believe there's a Court Bundle I must produce?

 

28 March ... the end is in sight!

[muggins73]

Hi Richard,

Court bundle it is then http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

and you might find this helpful (or downright confusing, either or;))

http://www.consumeractiongroup.co.uk/abbey-bank/57385-examples-witness-statements-disclosure.html

 

I've just got my court date today, 11th may, so I'm in the process of putting my own bundle together. Any probs you know who to call:D

[silverbird]

Thanks so much! I'll get cracking on that. Looks like a fun thing to do in my free time, I must say ... !

[muggins73]

Fun thing to do, are you mad:D

 

let me know how you get on, we can compare notes.

 

Oh, you might want to add this when I find out where it is exactly!!

'the transcript of the ex-Lloyd's top geezer's evidence to the select committee, which has a couple of classics - charges are spread across all activities in order to provide free banking, is one'.

If you know, get in touch, otherwise I'm waiting on Westy to let me know. A mine field of knowledge that man!!!!

[silverbird]

I've printed the basic Court Bundle now and I'm a bit unsure about the web links - I've gone to the page, but do I just literally print it off or do I highlight and copy around the web address, links, adverts etc? Probably really insignificant but it's bothering me!

 

Also, Muggins, where would I add that other thing you mentioned? Did you find out?

 

Thanks for any and all replies.

[muggins73]

Still waiting I'm afraid.

TBH, I'm thinking along the lines of just sticking to the tried and tested Basic Court Bundle:)