Jetspark v Natwest **WON**

[fendyweather]

Youre always entirely welcome Sparkie. The thing is, we all have the capability of doing this ourselves, all the way, step by step, but half the battle is actually having the self belief that you can do it............... and sparkie, Im sure you know by now, YOU CAN, YOU KNOW YOU CAN. Sometimes we all just need a little reassurance though,. Fendy xxx

[Jetspark]

Thanks parkie and fend. Will make my (hopefully correct) decision tomorrow and take it down to the court. Small claims i think! Costs are mounting and also the amount of wine i've had tonight so back on tomorrow methinks. You guys are all complete stars in my black and bleak sky that seems to follow me around. Love ya all loads. SparkieXXX

 

Gotta do it tomorrow, day off! Also moving out day is wednesday so will have quite a hectic week i think. Yikes, my whole life is scaring me now!! XX

[fendyweather]

Lol Sparkie, thats fine. Ask for small claims, as most do and have, but if it should get allocated to fast track for whatever reason, DONT WORRY, its fine either way............. really. xxxxx

 

And good luck for Wednesday, cant be easy hun. Big decisions made, its just the follow through now. Best of luck, head held high,, and remember, youre making the right decisions for your kids........................ nobody else has right to comment, because youre doing it for them. All the best.

 

 

Fendy xxxxx I will be thinking about you. xxx much love.

[steven4064]

Remember though, that these court costs will be reclaimable should you win....

 

WHEN you win, surely

 

Steven

 

If this post is helpful, please click the scales

[Jetspark]

Morning all!

 

I am really stuck as to what to put in the other information bit apart from it should only take one hour. Hellllllllllllllllppppppppppp! Sparkie X

[Jetspark]

Bump anyone X

[fendyweather]

Hi Sparky,

 

I quote:

 

 

Quote:

Section G - Other Information

Quote:

In the space below, set out any other information you consider will help the judge to manage or clarify the claim, including any other information you consider should be supplied by the other party.

Give details of any other information that you consider will help the judge to manage the claim, referring as necessary to any documents you might have attached. Bear in mind however that at this stage you need not attach all other documents which you wish the court to consider at the hearing. This is something you will later be asked to provide.

 

You should state here that you believe the case will last no longer than 1 hour.

 

You may wish to add reasons why the case is more suitable for Small Claims Track if your claim value exceeds £5,000 or provide reasoning why the other side should provide evidence of their costs!

 

We recommend that include a request for the Judge to order a form of 'basic' disclosure from the bank. Many courts have now started to issue these, so the request is likely to have been seen by your Judge before.

 

A small note explaining its intended use would help. Do not make this too lengthy, just explain that it has been attached for consideration and you believe it will bring a speedy end to Litigation. State that it was devised by the Mercantile Courts for a similar case.

 

A suggested template for Draft Directions, which we advise that you include with your AQ...

 

 

 

Quote:

 

In the XXXXXX County Court

 

Claim number XXXXXX

 

 

 

 

 

 

Between

 

 

 

XXXXXXXX - Claimant

 

 

 

and

 

 

 

 

XXXXX - Defendant

 

 

 

 

 

 

Draft Order for Directions

 

 

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

• d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

• b) Whether such charge is accepted to be a penalty, and if not why not;

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

• e) Any witness statements.

• f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

[fendyweather]

Sparky, I would simply put how long you expect hearing to take and simply attach another copy of your spreadsheet in support of your claim. I wouldnt get to fancy. If in doubt, KISS. Keep it Simple Stupid. And I dont mean you are stupid, simply the saying, thats all. If in doubt, leave it out. Simply copy of your spready should suffice for this bit. Fendy xxx

[Jetspark]

Thanks Fendy, have been very brief. Just said i attach draft order for consideration etc and i expect it to last no longer than one hour. Hope this is all that is needed at this stage Cheers XSparkie

[Jetspark]

OK thanks, will print off the spready too now. Wouldnt have done that. Thanks X Sparkie

[fendyweather]

Honestly, youre worrying too much. Thats sufficient. Its fine. If the judge believes anything else would be required, then he would ask for it, before striking it out if you got anything wrong. Honest. Fendy xxx

 

Just send in what youve done, and if for any reason its not enough the court would let you know first before striking it out. So dont worry. Fendy xxxxxx

 

You could add you will be submitting a copy of the terms and conditions of your account too in support of your claim to show the breaches. But that shouldnt be required until latter stages at court bundle. So you could leave it for now and submit that in with your court bundle when and if its required. All the best.............. Fendy xx

[Jetspark]

Thank you, thank you! I guess i am still at the being intimidated stage . Off to deliver to court now. Have a great day, mind u with the amount youve done already it should be bedtime for you . Sparkie X

[fendyweather]

I dont think youre being intimidated sparky, I think youre just nervous, like a lot of us are about wondering if you have sent the right thing, and filled in the right info and form etc. Its normal to worry about it, But dont. Or try not to. If at any point along the way the judge was thinking you had done some part of your claim wrong, or had missed of vital information they wouldnt just strike out. They would give the opportunity to amend/fix whatever you had missed off or done wrong, in order to get it put right to keep the claim ongoing. They dont strike out without first giving you notice. So stay calm, and if for any reason anything has been missed the courts will let you know so you can submit it later. Dont worry. Honestly. It will all be fine................ good luck for Wednesday hun too. Will be thinking of you. You are brave, you are strong, remember that, deep down, you can do anything..................... YOU JUST HAVE TO BELIEVE IT YOURSELF. Fendy xxxx

[Jetspark]

Hi guys and gals.

 

Phew wot a day! Just got home from work to find letter from cobblers with copy of their AQ. All well nd good but in the more info bit it says:

 

"Case management directions cannot be proposed until the Claimant serves a reply to the Request for Further Information which was due on 11th May 2007. In light of this, the Defendent may amend its Defence or apply to strike out"

 

I am shaking like a leaf now. I received the request on 27th April (well letter dated that) and i replied saying the standard reply ie not prepared to submit unless the court orders me to do so etc etc. This i sent recorded (signature printed) on 30th April !!

 

What has gone wrong and wot do i do now? OMG!!!! Panic is not the word! Thanks Sparkie X

[Parkvale]

Sparky normal Cobblers from Cobblers.Sit back and wait for court directions. Good luck. Parky

[fendyweather]

Sparky calm down. Have you had anything from the court requesting further information as per Cobblers request ? If not, then nothing to panic about. If it was required then the courts would have asked for further information. You havent done anything wrong. Fendy xxx

[Jetspark]

Thanks peeps, thank god for that. Sparkie X

[Parkvale]

Sparkie sit down and have a and relax.

[fendyweather]

And very very best of luck with the move today. I hope it all goes ok Sparky. Phew bet you could have done without that today huh !!!! Big Hugs ......... Fendy xxx

[Jetspark]

Hi guys, long time no speak! How is everyone? I'm missing you all. I gather now from sources that banter is no longer allowed on here . So on w business . Got a full offer letter on Friday after work from cobbetts, picked up chq yesterday, so pleased to get my grubby little paws on that i can tell ya!! Couple of questions if anyone can help?

 

Was due to go to court tomorrow at 2pm, they have requested that i accept offer and write to court to cancel proceedings, do i have to go to the court to cancel or can i just ring up?

 

The chq has pay to me but says "into my account number", anyone know if there is anyway round this as i am not prepared to put it into the joint account?

 

Also, in the letter from cobbetts it says that i'm not allowed to tell anyone and that in accepting settlement i have to accept their charges from now on, i dont want to do this, otherwise they might not continute to provide me with my existing banking facilities. Can i do a letter saying not (is there a template) or can i just photocopy their letter and score out that bit and sign it?

 

Any advice gratefully received asap, as usual i have very limited time on this computer and also trying to do this without prying eyes .

 

Thanks so much Sparky XX

[hedgey06]

Sparkie!!! Long time no speak hun! Brilliant news about the offer - well done you for sticking at them.................... YOU'VE WON!!!! Ring the court first thing tomorrow morning - back it up with an email (c.c. cobblers) if poss, or failing that a letter confirming the case is now closed.

 

Don't worry about the cheque with the account number - they do this all the time the eejits. Just pay in into whichever account you want it in - it's your money, you decide where you want it. And let's face it, the last place you want it going is the joint account!!!

 

Have a look in the templates to see if there's a letter you can adapt saying you accept the offer unconditionally - i.e., thanks for me cheque, but get lost if you think I'm accepting whatever rubbish you throw at me in the future (but in a nice way - not an hedgey way!!!!)

 

I'm sooooooooooooooo pleased for you honey, you deserve every penny of this win - it's deffo a fresh start for you and the kids now. Make sure you all get a lovely treat out of that cash! Lots of love, hedgey xxxxxxxxxxxx

[GuidoT]

Acceptance based on your terms (post 73):

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/48032-jakena-barclays-4.html?highlight=acceptance#post718754

 

Strickly speaking as you do not have cleared funds, then you should consider turning up tomorrow and request judgement or an adjournment. Although it is unlikely the cheque will not clear.

 

It is up to you really, but if you do not intend turning up tomorrow then a telephone call to the court is fine.

[Jetspark]

Thanks Hedgey, feels great actually that little ol me did it all by myself and if i can do it ANYONE can! But boy do they cut it fine dont they? Have had message from a "certain person" to say where u all are these days so as soon as i can get internet connection, first thing is a laptop methinks . Hows it going with your claim and your mum and dads? Not got much time to read through the threads these days. Thank god i dont have to go down to the court tomorrow, cd do without that, got other stuff to sort out, like why my rent hasnt been paid! Oh well, these things are sent to try us eh? Fantastic news about Fendy too, wot a gal? Sparky XX

[Jetspark]

Thanks GuidoT. Will happily make a donation, pls could someone change my title to won and also need to know how to donate other than online pls. Thx

[hedgey06]

Lol............ new laptop for Sparkie!!!! I'm still here to be honest hun, I like it!!!!! Just sending AQ + draft order for directions in on my claim, not got to court stage with mum and dads claim yet................ but at least I'll know what I'm doing when I get there!!!! Can't wait to get them some cash - send the little darlings on holiday for the first time in years!!! I'm so glad you've won hun............... it's a brilliant, brilliant result!!!! xxxxxxxxxx