Natwest no defence yet - only few days left

[asalique]

Hello everyone

 

I done my mcol against matwest on 5 Jan 07. They acknowleged on 15 Jan 07. Am I correct to assume deadline for defence ends on the 8 Feb 07.

 

Last week they made a offer close to my full claim. I phone and asked if they could improve and I would be willing to forget the 8% interest. Was told no and I must eithter say yes or no to their offer. I said NO of course.

 

Thank you.

 

Abdul Salique

[lee in wales]

hi asalique, what date was the claim deemed served? Cobbetts will have 28 days from that date to issue their defence

[asalique]

Hi

 

Done mcol on 5 Jan so I think served date would be 10 Jan 07.

 

Thanks.

 

A Salique

[lee in wales]

that would be right 5 days after issue so 28 days after would be 7th feb for the deadline, i have read on other threads that Cobbetts leave it till the last minute to issue their defence so it would be best to ring the Courts the following day

good luck

[asalique]

THANK YOU.

A Salique

[jimmyay]

they say best leave it a day or two after the 28 days ,to allow for post and to ensure cobbetts cant say judgement must be set aside.

 

fingers crossed you can enter judgement in default - let everyone know how you get on.

[asalique]

Defence received this morning. 9 points raised.

No AQ yet.

Thanks.

A Slique

[jimmyay]

I just received my defence too 9 points raised also. Will be posting it on my thread later on. Don't lose heart!

[Deller]

The AQ will follow a few days after the defence.

[gizmo111]

they say best leave it a day or two after the 28 days ,to allow for post and to ensure cobbetts cant say judgement must be set aside.

 

fingers crossed you can enter judgement in default - let everyone know how you get on.

 

Even if you get judgement - the banks can and will apply for and get a set aside. Which will only delay you rclaim.

[asalique]

AQ rec this morning. Had a chat with cobbetts and informed would be willing to accept a improved offer ie refund of all charges plus court costs and would forget the interest. Was advised to send email to comfirm. About 10 mins after sending email,they called me back to say email not received and if i could resend or fax. I did both and they confirmed receipt.

 

On their defence cover letter they stated no schedule received. I asked to double check as i sent it two weeks ago. Was put hold for 5 mins, she returned saying sorry for the delay and also confirmed she now has the schedule, it just was not logged onto the system when drafting the defence and I should not worry about the request for further information.

 

A Salique

[Deller]

In regards to the AQ

 

See here:

 

Allocation Questionnaires - A guide to completion

 

You could also propose a Draft Directions Order:

New strategy for Allocation Questionaires

 

Other Information - Section G:

 

I am respectfully requesting that my claim be allocated to the small claims track.

 

This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

 

It's a bit of squeeze, but very important you enter all the details.

 

Include copy of schedule

 

Cheque to HM Courts Service

 

Fee will be added automatically to your claim

 

Send copy of your AQ to Cobbetts

 

Hope this helps!!