Posh's bloke v Nat West

[hedgey06]

Dates look right to me! Looks like you're in for the long waiting game now ............ spot the postie!!! Don't worry Fendy and loads of others are in the same boat as you are right now. Sit tight............ the big payout's just round the corner now (just in time for summer!!!) xx

[posh23]

My heart was pounding when bf opened the letter, goodness knows what it will be like 'if' it goes to court! Still, we guessed that this would happen right from the start because we are claiming contractual, so will just sit tight and wait for their defence now.

[hedgey06]

Nice one posh! I'm dreading getting to the stage you're at............ I'm praying (and I'm not really the praying type!) for payout at LBA stage. Think you're doing brilliantly, and at least you know what to expect from them now.................. total cobblers!!!! Hope they don't leave you waiting too long! xx

[Caz1974]

fingers crossed for you posh! my belly would be in turmoil with all the waiting:D Looks like you've got it all sorted so let's hope they make you a mighty good offer soon

[posh23]

Thank you both. Will keep this thread updated, and yell for help if I get stuck, as I probably will at some point.

[Parkvale]

Posh you will get your Dosh. Good luck.

[posh23]

Another update - have received Nat West's defence today from Cobbetts which appears to be all fairly standard. So now will await the Allocation Questionnaire from the court. This is moving much quicker than I had thought, which isn't a bad thing!

[posh23]

Have now received the Allocation Questionnaire from the court, with a return date of 8th May, so am just setting about answering the questions. Hopefully, it will be all straight forward, but if I need any help, I will yell.

[scott150663]

These might help!!!

 

 

Allocation questionnaire

Frequently Asked Questions

Allocation Questionnaire - N149 on-line PDF Version

http://www.hmcourts-service.gov.uk/c.../n149_1105.pdf

Allocation Questionnaires - A guide to completion

Allocation Questionnaires - A guide to completion

Allocation Questionnaire - Draft directions order

http://www.consumeractiongroup.c o....tionaires.html

Allocation Questionnaires and Stays - Important Information

Important info regarding stays & AQ's......

Allocation Questionnaire - Dispensing With the AQ

Is your court dispensing with the Allocation Questionnaire?

AQ - Dispensing With: Important Information

Allocation Questionnaires - A guide to completion

 

 

 

 

Scott

[Michael Browne]

See Here:

 

Allocation Questionnaires - A guide to completion

Allocation Questionnaires - A guide to completion

 

Allocation Questionnaire - Draft directions order

http://www.consumeractiongroup.c o....tionaires.html

Slight overkill, scott lol

[Parkvale]

That must be the complete encyclopedia on Allocation Questionaires Well done Michael and Scott.

[posh23]

Thanks guys! I have the N150 form rather than the N149. I would just appreciate clarification on a couple of questions relating to Section F, Proposed Directions, and Section H, Other Information:

 

In Section F, I have copied from the New strategy for Allocation Questionnaires thread, post #2, and for Section H, I have attached the passage from #3 - is this correct, please?

 

Also, do I answer Yes to the question 'Have you attached documents to this questionnaire?' - which I presume is the Section H attachment?

 

I will obviously send them to the defendant, so what do I put in the box 'When did they receive them?'

 

Finally, in the white box, set out for other information, do I put 'I am respectfully requesting that my claim be allocated to the small claims track etc ... ' from post 3 in Allocation Questionnaires - A guide to completion ?

 

Thank you all so much!

[Michael Browne]

Thta's all fine

I will obviously send them to the defendant, so what do I put in the box 'When did they receive them?'

 

Just put a date 2-3 days after you intend to post it

[posh23]

Thank you - we will deliver it to the court on Monday. Bf is back from Denmark tomorrow, so he can take me to the court for a spin in his TVR!

[posh23]

Have now received a copy of Nat West's AQ from Cobbetts, with the usual paragraph stating that the Claimant has failed to fully particularise the claim, which I understand from my reading here that this is standard stuff.

 

Will now wait to hear from the court.

[Bicester1]

Hi

 

You are right this is all bog standard stuff.

 

It might be worth giving Cobbetts a ring.

 

I phoned when I had got a court date and offered to settle for a refund of charges and 8% interest to avoid having to prepare the court bundle. I told them that if they made me do the bundle and then withdrew at the last minute I would go after them for costs on the grounds of unreasonable behavior and also like Tom Brennan ask for aggravated and exemplary damages.

 

They settled by return and I banked the cheque this morning!

 

It's a question of time v money I guess if you are willing to hold out they will give you contractual eventually!!

 

Best wishes

 

Bicester1

[posh23]

We received a letter from the court today with a hearing date of 31st July and has been listed in second place to another case of similar length.

[sallysas]

I have a court date of 19/06/07 and they sent me a cheque (with attachements) last Wednesday 30/05/07 so you should hear something soon IMHO. Sally

[posh23]

Fingers crossed!

[posh23]

I am just compiling the court bundle for the case which is due to be heard on 31st July.

 

So far, I have the following prepared:

 

Copies of all correspondence

Schedule of charges

Copies of statements with charges and interest highlighted

OFT's action on credit card default charges

Early Day Motion

Relevant case law to penalty charges

Dunlop v New Garage

Supply of Goods Act 1982

Unfair Terms in Consumer Contract Regs 1999

Unfair Contract Terms Act 1977

 

I have also printed off the Nat West T&Cs from May 2002 as the account was opened about 20 years ago - should I include these, or the most recent ones?

 

I will also be enclosing the other evidence as suggested in the Got a Court Date thread, namely:

 

The competition commision report

McNamara interview

Australian default fees report

BBC commission conclusion

 

Please would someone advise if there is anything further I need to include such as recently won cases etc.

 

Do I need to do a covering letter, or just put a blank page with the case number, and names of the parties?

 

Also, there are no special directions attached to the case, so do I need to still do a Statement of Evidence?

 

Thanks in advance!

[hedgey06]

With regards to the T&C's, have a look in this thread http://www.consumeractiongroup.co.uk/forum/natwest-bank/90742-natwest-terms-conditions.html at post number 31. Steven has given some excellent reasons why the current T&C's are actually penalty charges.

 

I'd be inclined to do a short covering letter to the court - and make sure you put your details onto the bundle itself as well.

 

I'm not sure about the statement of evidence - reading through the thread you mention above, that appears to apply to cases where special directions have been ordered. Somebody will correct me if I'm wrong though.

 

Also, have a look at this link here http://www.consumeractiongroup.c o....tml#post485266 as when Cobbetts don't submit their bundle (100% possibility!) you can take further action.

 

Good luck

[posh23]

Thank you. I will be numbering and noting the case no etc on the top of each page. I am still uncertain about the Statement of Evidence so hope someone will come along and advise. I have read on other threads that I need to include it but on the Got a Court Date thread, it seems to be only if I have special directions.

[posh23]

My bf has just had a call from Cobbetts offering him fees plus s.69, daily interest and court costs. He has said he will think about it and call them back. That would be about £1800 less than the figure with the contractual interest he is claiming. His case is due to be heard on Tuesday.

 

Any advice would be appreciated.

[hedgey06]

If cobbetts are offering to refund everything except the contractual interest, my personal advice would be to accept. As you probably know, a precedent setting case was lost recenty on contractual interest (everything was paid except for the CI). Plus, you may want to read this http://www.consumeractiongroup.co.uk/forum/natwest-bank/107585-oft-test-case-what.html to help you to make a decision also.

 

Best of luck

[posh23]

Bf has his case heared tomorrow. He phoned the solicitors back and told them he would settle for interest plus 17.8%, they said they would speak to their client but we haven't heard back. So, we shall see what transpires tomorrow.

 

We have not received copies of any information that they intend to rely upon in court, so I don't know if this is in breach of the directions.