shadrach v's NatWest ***WON***

[shadrach]

Ok so this is were I am at so far. Today I went to the court and filled my claim. Good service, took little or no time to do. Spoke to the guy behind the counter about MCOL and the fact that I thought I would go that route but particulars of claim was limited to about 170 words on 26 lines….don’t quote me. He said they (the courts) had been told to actively promote MCOL but he felt he had to research it first. Told me he also found a problem with being limited and not being able to use certain symbols £ and others…. But he had passed this on to the people that asked him to promote the service.. Hopefully things will get sorted…. So I have come back to update my claim timescale I am keeping, and went back to the FAQ section of the site, and yes, you guest it got confused. I have most things prepared. But I am a little confused with the timescale. It talks about from the time the papers are served. And 14 or 28 days…. The court said today that my claim will be implemented today and I will receive conformation of this in about 8 days. When do I start my next time scale and for how long 14 or 28… If they file defence I suppose my question is immaterial. But it they ignore me as they have so far then when do I apply for a judgment. I know I may be jumping ahead But I like to get things right and prepare my plan ahead….. I am prepared to go to court just confused with this timescale issue.

[shadrach]

I have my notice of issue which says my claim was issued on the 24th april

the court sent it first class to nat west on the 2nd May it was deemed served on the 4th May and the devendant has until 18th May to reply.....

 

Guess what... Yep Nothing.... So my question is do I hang on untill 1st June which would be the 28 day had they replied or should I request Judgment now....

[hedgey06]

Hi shadrach, you may find they've acknowledged the claim at the last minute......... cobblers are rather sneaky at doing that! Have you phoned the court to check yet? It's really worthwhile giving them a ring to see if they've got something in at the last minute.

 

In the meantime, have a look through this thread http://www.consumeractiongroup.c o....tructions.html about three quarters of the way down are some really useful links and bits of info on what to expect/what to do at this stage.

 

Good luck - hedgey xxx

[shadrach]

Thanks for that Hedgey

I hadn't thought of that so will phone the court in the morninig....

I have looked as you suggested and picked out this which may or may not be helpful for others in the same boat later...

 

The bank will now either....

 

A) Ignore the claim completely - they can claim incompetence as the reason for not Acknowledging or defending and you win by 'default' after 14 or 28 days respectively. You will need to apply for a "Judgment in default" which you should do as soon as the time limit has expired.

 

If they get a defence in before you apply for the judgment, then they gain the right to proceed into court if they want. It is also true that they may be awarded a 'second chance' (called a Stay) which might delay things a little, but in the long run will have no impact.

 

B) Acknowledge the claim - this buys them a further 14 days to enter a defence. Some banks will acknowledge the claim and then pay up. They know you MEAN it now! For every threat that gets this far, there are many more that give up long before this point and they know it.

Some will acknowledge the claim, but 'forget' to enter a defence - after 28 days from the date the papers are served on them you will have won by default and you will get all your money back. Once again, you will need to apply for a judgment. If they do not pay you in full, you have every right to send the bailiffs in - this can also be done from the moneyclaim.gov.uk site or by applying in person at your local court (if you started your claim this way). This however is rare.

[shadrach]

What a GOOD day.

 

The 28 days are up in 2 days time this Friday… was getting ready to either ask for judgement or set about the next phase… But to my surprise I had a letter from the Royal Bank of Scotland with a cheque for the FULL amount of my claim…

 

They said that my POC disclosed no reasonable grounds for action against them, but they were going to pay up anyway…. Oh but I had to keep quiet. Are they kidding I’m no good a secrets.

 

Thanks again to all who helped. Just off to make my donation.

 

Shadrach

[WendyB]

WELL DONE

 

Wendy

[hedgey06]

Hi again shadrach............... CONGRATULATIONS!!!!......... don't forget to tell them that you want the court fee adding onto the claim as well!!! And don't stop the court claim until the cash/cheque is in your hands. Well done - best wishes, hedgey xx

[Parkvale]

CONGRATULATIONS, a FINE WIN.Good luck.

[shadrach]

When I said in full I meant in full they paid for interest on charges + interest at 8% s.69

+ Court fee + subject access fee + stationary and postage cost…..

 

and the cheque has been paid in today.....

Result!!!!!!

[hedgey06]

Oh my God................ MEGA CONGRATULATIONS!!!!!!! Well done you!!!!!!

xxxxx

[shadrach]

I have a poster on my wall from bank fodder that says that “This is NOT a Get rich quick scheme".... please get this into your heads....but you can win Just keep focused on your claim and you will succeed this site is Fab with great advise so use it

[hedgey06]

“This is NOT a Get rich quick scheme"....

 

Never a truer word spoken!!!

[steven4064]

CONGRATULATIONS shadrach

 

Steven

 

(ps we won against GE Money today too - definitely a good day!)

 

If this post is helpful, please click the scales

[shadrach]

Thanks Steven

And well done to you...

[cazmud]

please help this is my first post. I took NatWest to court they defended at the last minute which seems quite usual. but i am concerned. They put in the defence on 25th May, I recieved a letter from them 26th May with the're defence and a list of questions. All this is full of legal speak which I really don't understand.(well some of it).I will atempt to give you an example of the questions.

1. This defence is filed and served without prejudice to the Defendants case that the particulars of claim do not disclose reasonable grounds for bringing a claim against the defendant to recover the bank charges(and interest thereon) referred to in the particulars of claim or any other sum(s). in the event that the claim is not properly particularised then the defendant will apply to strike out the claim and/or for summary judgement in respect of the same.

For the above I followed the template on Moneysavingexpert.com

Do you think I have done something wrong for them to say this or is this normal scaring tatics.

2. Without prejudice to the foregoing paragraph, if and to the extent that the claimant's proves the allegation that the defendant debited charges to the claimants bank account , insofar as such charges were debited on a date or dates more than six years prior to the issue of this claim, any remedy in respect of the same, whether damages, restitution or otherwise, is barred by the operation of the limitation act 1980 and/or the doctrine of laches and the defendant will apply to strike out this aspect of the claim and/or for summary judgement.

This is just 2 of the defence points. there is a list as long as your arm.

I am finding all of this very stressful and feel ready to give up. but I really want to have my day with Natwest as they have been complete S**ts over the years.

I should also say that, I did have a part offer from Natwest over 2 accounts, I rang them twice but they refused to negotiate.

Hope someone can make sense of this and hope I have posted this in the right place.

[shadrach]

Hi cazmud

The first part is standard defence however you have said that there is a lot more to the defence than you have posted. Before anyone can help you we would need to see your POC (particulars of claim) and the defence in full… This is not the best place for it. You need to start a thread of your own so that more of the experienced people on this forum will see it and then be able to help you…When you post this info up please leave out any personal details put xxx in it’s place.

 

Good luck with your claim will look out for you thread…

[shadrach]

To make it easier for you here is the link to start a new thread just click and away you go…

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=12