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    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
    • Quotes of the day penny mordaunt came out swinging with her broadsword, and promptly decapitated sunak while Nigel Farage, representing Reform UK, made contentious claims about immigration policies, which were swiftly fact-checked during the debate.   Good question though raised at labour about the 2 child benefit cap, which I broadly agree with, but the tory 'trap' assumes tory thinking - rather than child centric thinking. There should be no incentives to have kids as a financial way of life paid for by everyone else ... ... BUT the kids should not be made to suffer for the decisions of their parents Free school meals would feed the kids, improve their ability to learn, and incentivise them to go to school. As an added benefit ... it would invest in our nations future.   How far this should go is a matter for costing, social intent and future path of the nation, but not feeding our nations kids is an abomination. There should be at least one free school meal per day for every child who attends school. Full Stop. Its the cheapest and most effective investment in our future we could make.
    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
    • cause like you said in post one, 99% of people think these are FINES (it now reads charge). and wet themselves and cough up. they are not, they are speculative invoices because the driver supposedly broke some imaginary contract by driving onto privately owned land which said owner may or may not have signed some 99% fake contract with a private parking co years ago, thats already expired or has not been renewed or annually paid to employ them dx  
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Posh's bloke v Nat West


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Just posting to say I am sending off a letter to Borehamwood today by recorded delivery which I have prepared for my bf. He has kept all his statements, so we were fortunate in that respect. He is claiming £4060.67 which includes contractual interest at 29.6%, and I have used Mindzai's fabulous spreadsheet to work that out for me!

 

I will update this post when we have received a response.

 

This is a brilliant site, there is so much to read, and so many positive stories, and I hope we will be one of those too. 'When' we win, I will make sure that my bf makes a donation.

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Hi Posh

 

Welcome to the forum:)

 

I wish you loads of luck with your claim, I fought and won against Natwest last Nov, got back over 4k. On your amount and with contractual interest, it is highly likely they will defend your claim, so do lots of reading up on the litigation stage of the process.

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  • 3 weeks later...

Bf has received a letter from 'Ming' today although it was dated 15th February, offering him a full and final settlement of £953, which is his charges only without interest.

 

We are inclined to accept this as a partial settlement and pursue the remainder. However, we were due to send the LBA on Monday 26/2, so although I have spent several hours reading other threads this morning, I cannot see if we should give them another 7/14 days to settle in full, or whether we go for a combination of a partial settlement letter and an LBA or if there is another option?

 

Some guidance would be very much appreciated, if possible.

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I have read elsewhere that if you are offered a full refund it is advisable to accept as the courts will not be pleased with a claim disputing interest alone. This does seem unfair to me and means the banks etc give us no compensation - even the 8% would have been good. JMHO. It does make claiming contractual not so attractive dosn't it. I was looking forward to doing this with future claims. Hey ho, perhaps some will come along and say 'Sally, YOU ARE WRONG'.

 

 

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Hi

 

If you have claimed contractual from the outset then you can stick to your guns BUT be prepared to go all the way at least to AQ stage and possible even a prelim hearing. You would probably get them to agree charges and s69 at 8% now but that is your choice.

 

It seems to me that NW is offering charges or charges and s69 but fighting contractual and then giving in at the end!

 

There is a thread with a recent contractual victory so if you have gone for it from the outset don't worry.

 

Bicester1

Bicester1

 

MBNA WON £623

:)

GM Card Won £580

:)

Nat West CC Won £525.08

:)

Nat West Bank Won £2346.60:)

Lloyds PPI LBA

Barclaycard defence received. Trial date 30th July. Barclays missed deadline for servicing and filing of their bundle! Going to try for strikeout or summary disposal

HBOS about to issue N1

LLoys Bank LBA

 

I am not a lawyer. Get trained professional advice if unsure of your legal position. If my advice is helpful please tip my scales!

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Thank you - we are also of the opinion that there is further negotiating to do so are prepared to go all the way if necessary.

 

However, that aside, I still am not sure whether I combine the partial settlement acceptance with the LBA on Monday, when I would have been issuing the LBA if the offer letter hadn't arrived today, or whether I again ask for the full amount and give another 7/14 days for them to reconsider before sending the LBA.

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Hi

 

IMHO stick to your timetable. Acknowledge partial payment and send the LBA for the remaining amount.

 

Bicester1

Bicester1

 

MBNA WON £623

:)

GM Card Won £580

:)

Nat West CC Won £525.08

:)

Nat West Bank Won £2346.60:)

Lloyds PPI LBA

Barclaycard defence received. Trial date 30th July. Barclays missed deadline for servicing and filing of their bundle! Going to try for strikeout or summary disposal

HBOS about to issue N1

LLoys Bank LBA

 

I am not a lawyer. Get trained professional advice if unsure of your legal position. If my advice is helpful please tip my scales!

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Thank you, having thought about it overnight, those were my final thoughts too. However, it is great to get those thoughts reinforced. I will compile the letter today ready to send off tomorrow by Recorded Delivery.

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A slight change of tactic, as we have decided to try to negotiate a lower settlement at this point, so have compiled the following letter - would be grateful for any thoughts on this:

 

26 February 2007

Without Prejudice

Stuart Higley

Customer Relations

Nat West Bank

Ground Floor

National Westminster House

225 Shenley Road

Borehamwood

Hertfordshire

WD6 1TE

Dear Mr Higley

Request for repayment of charges

Account number: xxxxxxx

Thank you for your letter dated 15 February which I received on 24 February. I am pleased that you have entered into negotiations regarding the repayment of the unfair charges and interest levied from account from the period 12/11/01 to 1/2/07.

I am aware that you have already settled very many of these claims in full and undefended, including contractual interest at your unauthorised overdraft rate of 29.6%. In order to settle this matter speedily and without the need for you to incur costs by instructing your solicitors to handle potential court proceedings, I am willing to accept a lesser settlement of £2805.98, as shown on the enclosed schedule of charges version 2, in full and final settlement of my claim and interest. This figure is based on your authorised overdraft rate of 17.8%.

I am sure you will agree that this would be a mutually acceptable settlement, without the need to protract matters unduly.

Please reply within 14 days unconditionally accepting my request in principle and letting me know a date by which I will receive payment.

If you do not respond, or you do not respond positively, within this time period, I shall issue court proceedings to recover the full amount plus interest at 29.6% as per the original schedule of charges in my letter dated 8 February, however, I sincerely hope that this will not be necessary.

Yours sincerely

 

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Looks very good.

 

It has all the necessary points.You have shown that you are prepared to negotiate a settlement outside of the courts and it gives a basis for the amount you are requesting.

 

The only problem I can see is that as the letter is "without prejudice" you won't be able to rely on it in court should it get that far.

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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You could just insert an additional paragraph along the lines of

 

This offer is made without prejudice to my right to continue proceedings for the full amount of my original claim should you choose not to settle.

 

I believe that you could then carry on with your original claim and produce the letter in court but Natwest couldn't actually quote the amount you offered to accept.

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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Hi

 

Cobettslayer is right. I made mine without prejudice as I didn't want them to be able to use it against me, [suggesting to the court I was being greedy] if I went back to contractual, as I have done, since they tried to impose an agreement on me to accept all future charges, in return for refund of previous charges and s69 interest!

 

You can refer to the existence of previous negotiations in any statement of evidence. The judge may direct you to produce without prejudice letters.

 

Bicester1

Bicester1

 

MBNA WON £623

:)

GM Card Won £580

:)

Nat West CC Won £525.08

:)

Nat West Bank Won £2346.60:)

Lloyds PPI LBA

Barclaycard defence received. Trial date 30th July. Barclays missed deadline for servicing and filing of their bundle! Going to try for strikeout or summary disposal

HBOS about to issue N1

LLoys Bank LBA

 

I am not a lawyer. Get trained professional advice if unsure of your legal position. If my advice is helpful please tip my scales!

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  • 3 weeks later...

Well, no reply to the LBA and their 14 days elapsed on Monday 12/3 so have waited a little longer 'just in case'! However, we now need to file the MCOL, but I am unsure whether having claimed contractual interest from the start, if I also add S.69 to the claim also. I seem to recall reading some time ago, that we can claim either contractual or S.69 but not both.

 

Would someone please clarify, before I start completing the claim?

 

Thanks in advance!

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I seem to recall reading some time ago, that we can claim either contractual or S.69 but not both.

 

 

Correct but you can claim contractual and then s69 in the alternative (if the judge disallows contractual). also don't calim via MCVOL, you won't have anything like enough room for the required contractual POC's
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  • 2 weeks later...

Just to keep this thread updated. We took the N1 into our local court on 20th March and received the confirmation back today. The court sent it to the defendant on 26th March and it will be deemed to be served on 28th. The defendant has until 11th April to reply - fingers crossed they don't, as we haven't yet received a reply to our LBA.

 

Interestingly, as I approached the enquiries counter in the court, and said 'I have some papers', the woman said 'Is it a bank?' and I replied that it was. I then heard a colleague in the background saying 'Is it another one?'

 

Sounds like they have rather a lot! :)

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Reckon we're jamming up the system............. or could it be that the banks are jamming it up??!! Good luck with the claim!!! Hedgey xx;)

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  • 2 weeks later...

Have received a letter from Cobbetts today with a copy of their Acknowledgement of Service, stating they will be defending all of the claim. So, by my reckoning, if they have 28 days to file their defence from when the claim was served (28th March), then this takes us to 25th April.

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