Preparing court bundle *** WON ***

[natwesttookmymoney]

It certainly is!

 

And suddenly you find you have more 'essential things to pay for' than you'd realised.

 

One's family is very helpful in that regard.

 

W

[persian]

Hi Westy,My chq cleared to today, no money tho, account went into default so their taking back overdraft and sending me a chq for whats left.The thing is, why the hell did'nt they just take the amount owed the day the chq was deposited and give me the balance as I'm sure they'd like to emply any funds I have with them. So, I'm still at their mercy and have to wait for the postman again, no treats until next week I suppose.

[persian]

Just another little question Westy. I am going to post the Notice of Discontinuance tomorrow, surely they wont cancel the chq. It's just I've lost faith in their honesty.Do you think I should wait or do you think its safe to withraw the case.

[natwesttookmymoney]

Hi, Persian

 

I said to Cobbetts that I wouldn't discontinue until I was in receipt of cleared funds. They agreed to that. If I was you, I'd give them a call, let them know what's going on - no need for eye-watering details, just that they're now saying they'll send you a cheque and you can't be certain when you'll receive it - or when it will go through and you have cleared funds. But, as soon as you do, you'll discontinue. Be pleasant but make it clear that this is not over until you have the readies, in your hand or in your account.

 

You don't have to make any observations about their honesty whatsoever but I can say, with enormous confidence, that I have very little confidence in their admin systems doing the job within the timescale.

 

In short - no, I would not send the Notice of Discontinuance. Not until you have the money.

 

I agree - they could have put the steps in process the day the cheque was deposited. They didn't, which was entirely predictable, and is an indicator of why I don't trust the systems.

 

(With all due respect to Nattie, who is an ace bloke)

 

On the other hand, I do have some confidence in Cobbetts. They won't turn you over and I detect, from time to time, notes of patience stretched ever-so-thinly in their voices and words. They probably won't be anywhere near pleased to hear your news but expect them to understand your position. Maybe drop them a line in confirmation.

 

Best wishes

 

Westy

[persian]

Thanks Westy, ever helpful as usual. By the way God gave you the gift of wonderful writing, maybe you have in print, a novel by Westy in some good bookstore, if you dont then you should.

[natwesttookmymoney]

Thank you, Persian, that's very kind.

 

Next time I go into Waterstone's I shall shout, very loudly

 

"Oi! Why ain't you got any books of mine in here??"

 

Do you think it will help me get a contract?

 

W

[shell12]

Just getting round to the Court Bundle, court date 13th April -

 

Apart from the contents page do - have to amend anything in the 43 page court bundle or do I simply print 3 copies ?

 

Thank you

[GuidoT]

Shell12 - I will respond on your thread:

http://www.consumeractiongroup.co.uk/forum/natwest-bank/65398-shell12-natwest.html

[shell12]

Can anyone confirm if I have to submit a DRAFT ORDER FOR DIRECTIONS and when, before my court bundle, with or not at all ?

 

Thank you in advance everyone.....Shell

[GuidoT]

Shell12, please go back to your own thread, anyway no need to send draft order way too late, you are in court in 2 weeks.

[Guest NATTIE]

Persian congratulations! (not sure if I have siad it already)

[stevelanbro]

Sorry I have only just joined this site and was reading your message. I am going to court shorly and need to prepare my bundle for court have you any advice for me as I am a little scared not knowing what to put in the bundle.

Thanks so much for your help

[maggiemay48]

Sorry I have only just joined this site and was reading your message. I am going to court shorly and need to prepare my bundle for court have you any advice for me as I am a little scared not knowing what to put in the bundle.

Thanks so much for your help

 

I am in the same postion as you.I dont know either.My court date 15 august.

[persian]

I presume you've both got the bundles from the template library. If not get it and have a good read.

Dont bother printing the bundle just yet, you may get an offer well b4 then, I would start printing about 4 weeks b4 its due in.

Make sure you've got plenty of paper and ink, everythings in triplicate.

You can in the meantime get together all the 'bits' the judge may have asked for.

 

Good luck

[jabreeze]

Hi

 

I haven't started by further evidence to corbetts, because I don't know where to start, if anyone got any advice, it would really help.

 

Got my letter from corbetts on Tuesday, but I haven't had anything from the courts, don't they have to send me some kind of papers?

[persian]

Hi Jabreeze,

Your question is a little vague.

I gather from your other post you have received Cobbs def and cpr req. Steven has already advised you what to do next.

Please clarify what court papers you are referring to.

i.e.AQ, court hearing date letter, court bundle.

Persian.

[jabreeze]

Persian

 

This is what I have drafted so far, please have a look, not sure about para 7? Cobetts have stated in their letter that they need further evidence from me by 27 Jnue.

 

1. This response is served pursuit to CPR 18

 

The Response

 

2. In response to Para 2.1 and 2.2 (a)(B)© of defendants request please find herewith (attached Schedule one) a break down of the charges applied to the claimants account this includes the claimants account number sort code and the dates of the charges were applied and the reason.

 

3. In response to Para 2.2 © of the defendants request, the claimant has already explained why the charges should not have been applied but for the avoidance of doubt the claimant alleges that the charges are Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963 It was held that a contractual party can only recover damages for an actual loss or liquidated losses.

 

4. In response to Para 2.3(a) Yes, the claimant should not have been charged an amount above the true administrate cost incured by the respondents, (B) the claimant should not have been charges for reason out lined in Para 2. © I should have been charged the true administrative cost,

 

5. In response to Para 2.3(d) The Respondents have asked what I should have been charged, to answer this the claimant will need a break down of the administrative cost incured by the defendant in applying the said charges.

 

6. In response to the further question made by the defendant I will not be able to responded to these until the claimant has disclosure and inspection of documents as I will be requiring a copy of my contract with the respondents.

 

7. If the defendant requires any further information, I will be happy to provide this once the discloser of documents/information has been dealt with by the court.

 

Your comments are welcomed.

 

Jabreeze

[persian]

Hi Jabreeze

Firstly, Your answers are fine, but if your claim is less than £5000 you dont have to answer CPR Pt 18, unless the court ordered you to do so.

Persian.

[persian]

Hi Jabreeze, on second thoughts, maybe if you answered Cobbs CPR PT 18, You could send them your CPR PT18, reverse their defence, ask for a breakdown of cost, give them 14 days to reply.

Stick that up your jumper Cobblers.

They'll ignore you, but hey, I had 10 seconds of madness.

Persian