delta6370 v Natwest **WON**

[delta6370]

Well I had to hang fire as I didn't have the money to file at court, but this morning I finally managed to get enough money together and took the paperwork to court.

 

Now I am nervous!

[Deller]

No need for the nerves, you'll be just fine. You've got all the help and support right here and it'll turn out to be like a walk in the park.

[delta6370]

Just had a thought, I went up to the court this morning with 3 copies of the N1 and 3 copies of the charges, and the lady I spoke to kept all 3, is that right? I did ask her waht happens now and she said it will be processed and served, I will get mine back and then I wait to hear what NW are planning to do.

[delta6370]

Well just had an official looking envelope from the court, it says....

 

'Your claim was issued on 28th March 2007. The court sent it to the defendant by first class post on 28th March 2007 and it will be deemed to be served on 30th March 2007. The defendant has until 13 April 2007 ro reply.'

 

So I guess it's just a case of sitting and waiting for a couple of weeks now and see what happens.

 

The people at the court also put in the envelope a helpful little booklet, entitled 'A claim has been made against me, what should I do?' (EX303), hmmm me thinks they put that in the wrong envelope!

[fendyweather]

So now the fun starts. Just wait for acknowledgement of service from The Cobblers, which you will get within 14 days, it took them 8 on mine, and then you sit back and wait for full defence. Im right at that stage now. The waiting is soooooooooo hard, because it seems like such a pointless space of empty time, but make good use of the time and read read read up on the next stage. It helps to keep it fresh in your mind.

 

All the best.

 

Fendy xxx

[delta6370]

Thanks Fendy, I know that Deller said not to, but I do actually feel quite nervy about this, I mean, It's sort of really official now isn't it?

 

I see you are not far from me, just over t'border like! (I'm in Lancs)

[Deller]

It is only nervy if you're going through it alone......and you're not, cos we're all here to help.

[delta6370]

Ok partial victory, just had a letter from Natwest with the usual blah blah in it and they they have offered me the full amount of my pre-court amount (to be paid into my account, which is now closed!)

 

So what do I do now? I have filed at court, it should has been deemed as served on the 30th (this letter dated 26th), for interest and court costs on top.

 

Do I take this as partial refund and claim for the rest? and how do I get them to pay it by cheque (as there is no account to pay it in to)

[delta6370]

Just had a thought, I gave them until the 27th (told them that in my last letter), this letter I have just got is dated 26th, but didn't arrive until this morning (2/4), but I filed on 28th, so does this mean that I have to accept the offer they have made?

 

Oh and its only a good will offer!

[fendyweather]

No you dont have to accept Delta. Based on the fact that they didnt get back to you by 27th, then you were perfectly within your rights to file at court on 28th. Regardless of their letter being dated 26th. It was still their place to ensure you received that offer by 27th, and you didnt, so nothing wrong with continuing with claim if you want to. But if you want to accept what they have offered, you can do that too. Its up to you. All the best, whatever you decide. Fendy xxxxx

[fendyweather]

Oh and if you are going to accept then you need to point out to them that the account is closed, hence they will have to send cheque. Just put it in a letter to them. Or you can also do letter saying you will accept their offer as only part of the claim, etc. etc. and will be continuing claim for full amount now including the interest at 8% etc. because you have already filed at court and because they didnt get back to you by 27th. Your choice. Personally I would go for the lot, i.e. continue with claim but its entirely up to you. I certainly wouldnt stop anything court wise, until the money was cleared into your bank anyway. Fendy xxx

[delta6370]

I don't want to accept, I had to use my child benefit last week for the court costs! Cheeky wotsits, it doesn't take 7 days to get a letter from London to Lancashire, it's not like we are a one day a week postal area!

 

So which letter do I use and how do I insist on a cheque? (the NW account is closed)

[delta6370]

I posted as you did! will have to insist on a cheque, unless of course they want to pay it direct into my Abbey account!

[fendyweather]

Basically, just word a letter that says something like.

 

Dear XXXX

 

I refer to your letter dated 26th March, received on XXXXX date. etc. etc. offering me XXXXXX as goodwill gesture payment of my bank charges totalling XXXXXXXXX.

 

However, as I had not had response from you by 27th March as I previously advised to you would be my final date to wait for one, then I filed MCOL against you on XXXXXX date as I said I would.

 

In conclusion as this has now already been filed at court, I would be prepared to accept the amount of XXXXX (whatever they have offered you), as partial payment only, of my court claim for the full charges, plus interest at 8% plus my court fee now totalling XXXXXXXX.

 

If you still wish to offer me the sum of (XXXXX, whatever theyve offered), then please can you send this to me within the next 7 days, in the form of a cheque, as my account with you is closed and no longer operational, but be assured I will still be pursuing the remaining amount of XXXXXX whatever remainder is, through the legal process, under my court claim number XXXXXXX.

 

I look forward to hearing from you.

 

 

Something like that should do it Delta. Best of luck. And dont back down. Not one inch. Fendy xxxxx

[fendyweather]

But bear in mind, if you are going for the full lot now through court, chances are they wont send you the cheque for what they have offered so far. They will wait for the whole court process to come to an end before paying you anything. They wont send the partial payment, even if you accept............. so if you need the money quickly, or desperately, then I would accept the offer now because the court claim could drag on for 3-4 months longer. But if you can afford to wait for the whole amount till the end, then keep onward with the claim through court......... It all depends really on how urgently you need the money. Fendy xxxx

[delta6370]

Thanks Fendy, sorry haven't been in touch before hand, but the boyfriend's house got broken into and I have been there all afternoon cleaning glass up (the ******S), am house sitting at the moment with my wild dog while he and his mum have taken the kids out for an hour.

 

Will get the typed up and sent tomorrow, so thanks for that.

 

I could do with the money now, but sod it, I waitind this long so I am going to hang out for the rest (even though I am now having to look at laram systems for my house and so could do with the money)

[hedgey06]

Hey Delta - soz to hear about the break-in. Seems like when things happen they all happen at once. Good thing is though............. you'll soon have the dosh to get an alarm put in so the little ba**ards can't get back in again!!!! And you never know, there may be enough left over for a nice treat as well! Good luck - hedgey xxx

[delta6370]

Thanks for that, it has been a bit of shock and it's not my house! but thinking about it, I am single parent on my own with two kids, ok my boyfriend stays over some times, but if they got in my mad dog would probably just slobber them to death!

 

First thing I have to do with the money is pay some debts off!

[hedgey06]

Awwwww........... if you ask me, first thing you need to do when the cash comes through is treat yourself and the kids!!!! After all this hassle - and the break in on top of it - you lot need a treat!!! And besides........... we're women......... so we deserve it!!!!! xxx

[fendyweather]

No worries Delta. Life goes on around us still whilst we are going through the motions of our claims............. It can all seem quite daunting, but really dont be frightened......... at the end of the day, these organisations are faceless. They are all run by people, like you and me, with hearts and heads, they are no different to us in any way, not bigger, not better, not above the law........... They are accountable just like we are, so dont be fraidy................... Treat them and deal with them as you would wish to be treat yourself, but do not give them an inch on anything............ let them know you are serious and will see it through to the end............ DONT BACK DOWN................ You can do this. Its easy, you just need a wee bit of determination and confidence and you realise then that it really is easy......... Honestly.................... All the best. Fendy xxxxx

[delta6370]

Just wanted to say, thanks to Hedgy and Fendy for your help and kind words today, as you can imagine its been the day from hell. I got home about an hour ago with the kids and the dog, boyfriend is understandably staying at his house tonight with his mum (she lives there, he stays with my occasionally).

 

I have just gone round the house making sure every window is locked.

 

And it's also lost me a days work, which because of the Easter holiday will have an impact on my work next week ,I am a Kleeneze distributor, and I needed to get some catalogues/orders collected tonight, and some orders out, so cos I haven't delivered the orders, I haven't received the money for them, not banked and will not clear for them to send me the next order. Looking at getting the next order on Tuesday cos of the holiday wreaking delivery days.

 

Oh joy, might just head upto bed, and take the mad slobbering dog with me!

 

But again, thank you for your help and kind words, they have meant a lot

[hedgey06]

Hey Delta...... no problem honey - get yourself up to bed and snuggle up to the kids! Start again tomorrow, cos you can't undo today. Don't worry - your reward is just around the corner....... so start planning some nice things for you guys ok?!!!! Have a good nights sleep - love and luck - hedgey xxxx

[delta6370]

Well have sent Mr Higley the thank you I will have a cheque for this amount as part payment, but I want the rest of it letter this morning.

 

So now we sit and wait again

[Caz1974]

Good move Delta ( fingers crossed he get's back in touch with a full offer soon).Sorry to hear about the rough time you've had lately and I hope things really start to look up

[delta6370]

Thanks.

 

Obviously with all that happened yesterday I was rather late getting to bed, and didn't sleep all that well, so I could have throttled my 9 year old son when he came and woke me up with a cup of coffee at 8.15 this morning. Only to be followed 10 mins later with a bowl of ReadyBrek that he had made for me. I know it was a lovely thing for him to do, but another hour later would have suited me!