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Help - I think I have messed up my claim!


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hi there - i think i have messed up and dont know whether to bail out and start again - if i can?!

 

am in the court proceedings etc but today received the AQ from Cobbetts and in paragraph G it stated that the court should strike my claim as i havent given any particulars of claim. Earlier this week i received a letter from them saying they didnt receive my schedule of charges etc - the problem being i didnt use the one on this forum to work out interest etc cos my computer was down and dont have printer so i just highlighted all charges on the statements they sent me and sent them back to nat west requesting the total amount - so obviously i dont have copies of the statements! I wrote to cobbetts this week to say that everything had been sent to nat west and i thought they would have passed it on to them but now i will have to write and ask for the statements again - i did write the same day to nat west again asking for all statements and enclosing cheque for £10 - i really dont know what to do - do I write/fax court to say that i am requesting duplicates because they had them back? any help would be so much appreciated as i feel sick with worry! Julie x

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welcome to the CAG family, sounds standard stuff from Cobbetts. Have a read of cobbetts and CPR part 18 request. If you want you can ring up and ask for copy statements at £5 and they should come through in a week or so. You should always keep copies of things you send. A lesson learnt I think. Having said that it is not all lost. Keep your chin up.

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start again as u need to put the charges into the spreadsheet the courts require this elae your claim will be struck out. dont panic it will happen but best to get it right x

NatWest (CLAIM 1) - £2181.24 SETTLED IN FULL

VIRGIN MBNA - £377 SETTLED IN FULL + INTEREST

NATWEST (CLAIM 2) - £1008.30 - SETTLED IN FULL

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thanks for your email - do you mean carry on with the existing claim but do the charges right now on the spreadsheet? or go through the whole claim process again and lose the £120? can i ask for extension or something with court? thanks again x

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well without the evidence of charges your claim WILL be struck out, i have experienced similar to this even though i had sent the spreadsheets 3 times to natwest once to the court and three times to corbetts. the judge wrote to me - see my thread 'courts ordered my claim is stayed' just below this one.

have u got the charges with a description and a date? if so yes by all means put this onto the spreadsheet and sent it to thecourts corbetts and natwest, but if you havent its highly unlkely your claim will be settled - the spreadsheet is your eveidence?!

NatWest (CLAIM 1) - £2181.24 SETTLED IN FULL

VIRGIN MBNA - £377 SETTLED IN FULL + INTEREST

NATWEST (CLAIM 2) - £1008.30 - SETTLED IN FULL

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Julie apologies for contradictory advice, but I do bow to kerrie's call on this one because if you do not have the info by the time you have to respond then you will be back to the start.

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u may well have time - use the advice of natweststaffmember in the stickys at the beginning of the natwest threads to get your statements and hopefully they will come in time. if u havent done the spreadsheets already though i gather you have not added the 8% interest on your court claim? you didnt calculate your charges then add on 8% on to the total did u? if this is what u did it is wrong as the 8% is added onto each individual charge not the whole amount.

NatWest (CLAIM 1) - £2181.24 SETTLED IN FULL

VIRGIN MBNA - £377 SETTLED IN FULL + INTEREST

NATWEST (CLAIM 2) - £1008.30 - SETTLED IN FULL

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not sure if i have the wrong end of the stick here, im no expert.

You have recieved a copy of cobbetts AQ, have you sent yours off yet?

If not you could ask for a stay on the form, allowing you longer to wait for the statements etc?

Check this with those in the know though, as i am a beginner at this stuff!

Neil

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hi thanks all for replies - well iwrote/faxed to court today pleading ignorance - and yes i did just add 8% to total - i can only hope that they will look kindly on me and give me another chance til i get statements and so i can do it properly - please keep talking to me - i do appreciate it - julie x

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Without hi jacking this thread too much, i recently recieved a copy of cobbetts AQ. I have already sent mine off to the court, but did not realise i should copy it and send it to cobbetts too?

Is this that important?

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i feel the same i sent out letter last week recorded sig required with highlighted statements and list of total inc interest etc of 2 accounts, however i sent to my local branch which started with a PO BOX, as suggested by a comment on this site. royal mail says not delivered yet when i track it, so think i have to send it again, got address in telford for credit management hope that works.

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It doesn't matter.

 

The AQ is for the Court. Normal protocol is that each party sends a copy of the AQ to the other but it's not strictly necessary.

Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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