Jetspark v Natwest **WON**

[hedgey06]

Hey Jetspark!! Happy birthday for yesterday honey, hope you had a great day? I can't answer this one - and it doesn't look like there's many peeps around at the mo - but have you tried the chat room? You'll probably get a really quick answer there......... so may be worth a try???? xxxxxxxx

[Jetspark]

Thanks honey, birthday today actually, never mind, too much wine for me to grace the chat room with my presence so mite leave it till tomorrow, hope you had a happy sunny sunday and happy anniversary for the other day . Sparkie

[hedgey06]

Turned out good in the end honey.......... thanks (I think!!!) to the powercut!!! We sat up till 2 this morning (bug*ered on wine!!) going "I think that wire goes there........... or there............. or maybe there!!!!!" God help us......... it's a wonder we're even alive!!!!!!!!!! xxxxx

[Jetspark]

Its dangerous that alcohol stuff eh, makes u think u can do anything. Also makes u thing u tyipng normally and ur noe which is raally annoying when uour paoissed.. Nitea lll lowfe u and leave u and tury wiht my bump tomorrow. Good luck wiht the parents hedgers, rootin for ya. X

[hedgey06]

Awwwwwww.......... nite sparkie you little darling! Enjoy that wine........... it's doing you good!!!! And thanks for the support with mum and dad babe, I really do appreciate it!!!! Enjoy the rest of your birthday........... lots of love to you, hedgey xxxxxxxxxxxxxxxxx :p

[Jetspark]

Bump - post 123 please anyone. Thx

[Parkvale]

Sparkie, you would have to send a N224 amendment of claim to ad your latest charges. This will cost you £35 and is not reclaimable. So what iwould do is carry on with your claim. Wait till they have settled and then write to them requesting your new charges back. They have been taken from your account unlawfully. So you have a legal right to claim them back. If you want send another copy of charges to Cobblers and the court or just sit back and wait for the court to send you an AQ. Let the court direct you from here.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

[Jetspark]

Thanks parkie (ooh err parkie and sparkie ). Just little question now, i havn't sent anything to cobblers at all yet, should i just wait for court to contact or send copy of list of charges to cobblers anyway? Happy Monday Parkie. sparkie

[Parkvale]

Send charge sheet and covering letter to Cobblers. Then they have no argument.

Byeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee.

[Jetspark]

Ok, after cleaning house all day, was feeling bit cocky and decided to send copy of stuff to cobblers and cc'd the court. Take that u (edit). Feeling a bit more confident, thanks parkie. Enjoy the rest of the day everyone Sparkie

[Jetspark]

Afternoon All!

 

Just got home from work to find a Transfer of Proceedings to my local court. My worries are:

 

1. The bit that says "Please read the accompanying documents carefully and note that the allocation questionnaire should be returned to the "my court". This has been scored through! What does this mean?

 

2. There is no court date!

 

3. It also says that the filing of an allocation questionnaire is dispensed with in this case unless the District Judge at the court of transfer orders otherwise! Why is this?

 

4. After reading Fendys thread, i am worried as my account is also a joint account and i have been claiming as just me. Does this matter?

 

I am really really quaking in my boots now, this is getting really complicated for me and i am worried that i have done major things wrong and i WILL end up in court. Please Please can someone help me :o . Thanks Sparkie

[hedgey06]

Soz Sparkie, I was so mad that I didn't even see your thread when I came on!!

 

Don't worry honey, it looks like the same old standard stuff that cobblers are sending to everybody right now. You haven't done a single thing wrong - you've checked what you're doing every step of the way and you've got everything right.

 

You'll win this soon - so stay positive, don't let the bug*ers get you down, and before long you'll be holding a rather nice big fat cheque payable to Mrs. Sparkie!!!

 

I'll have a look through some stuff to see if anything jumps out that might help. xxxxxxxxxxxxxxx

[Jetspark]

Thx honey, gotta go get kiddies now and then buy b'day pressie for 2morrow so wont be back till later. No rest for the wicked ehh? X

[fendyweather]

Sparky Sparky, calm down. This is identical to mine.......... nothing to worry about at all. Easier for you infact, no AQ means no wasted boring paperwork. Please dont panic mate. Nothing to worry about at all. Just send the letter to Cobblers now stating what you will accept, I knocked a fiver or mine to be seen to be negotiating, lol and draft order directions to court. Hang on, I will find link. One sec.

 

Fendy xxx

[fendyweather]

Here you go Sparky. Read this, digest it, then act on it. Do what it says............. I did. But please whatever you do, dont panic. All normal stuff now. They are regularly dispensing with AQ now. So its actually better for you me thinks. Saves time and paperwork.

 

Is your court dispensing with the Allocation Questionnaire?

Bookworm

 

Another thing:

 

When you have filed your AQ................ for peeps when they had filed their AQ's.

 

If you haven't yet had to do an AQ - some of the info is still very pertinent to what to do next. Take a look and see how you can vary it and use the info to help you in dealing with the court and DG. Obviously not all of it is relevant - but some of it is and may help.

 

 

HERE'S ANOTHER BIG ADDITION TO THIS THREAD AS OF FRIDAY 6 APRIL

 

It has been suggested by Bookworm in this thread:

 

Is your court dispensing with the Allocation Questionnaire?

 

that if you find yourself in this position - you send the Draft Direction to the court you've now been transferred to - the same as if you were filing an AQ using the new strategy:

 

New strategy for Allocation Questionaires

So, this would mean a cover note like this:

 

 

 

 

 

 

 

[Your address]

The Court Manager

****** County Court

Court Address

Court P/code

 

 

[date]

 

 

 

Dear Sir/Madam

 

 

 

 

 

You -v- Bank Plc

Claim Number: *******

 

 

 

 

It is noted that in my case referenced above that the Allocation Questionnaire has been dispensed with. I am aware that this is likely due to the large volume of claims that consumers are bring against the high street banks. I am also aware that to date the banks have failed to defend a case in the courts and that they often use the court process to extend and delay the period of time within which they deal with these matters satisfactorily.

 

 

 

 

In light of this the Claimant respectfully suggests that special directions may be made as per the enclosed draft order.

 

 

 

 

The Claimant believes the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed in advance of any hearing so that this claim may proceed justly and expeditiously.

 

 

 

 

- The crux upon which this claim rests is the true loss suffered by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the Unfair Terms in Consumer Contracts Regulations 1999 and common law principles established since the early 1900's.

 

 

 

 

- In the event that the Defendant's charges were accepted as being a fee for a service (which is refuted), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

 

 

 

The Claimant believes that if the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, that it is incumbent on it to disclose such information. Further, the proposed directions are already routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts.

 

 

 

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that this claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

 

 

 

Yours faithfully,

 

 

 

 

 

[name]

 

 

 

 

enc: Draft Order

 

 

 

 

 

THEN ON A SEPARATE PIECE OF PAPER - THIS:

 

 

 

 

 

 

 

 

Draft Order for Directions

 

 

 

 

 

1. 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.

 

 

 

 

AND ONE FURTHER BIT OF INFO - I KNOW IT'S DRAGGING THIS POST OUT BUT I THINK IT BEST TO HAVE AS MUCH AS POSSIBLE ALL IN ONE PLACE SO:

 

If the judge were to grant the draft order it would mean that when the court asks for the info - this is it, in triplicate (one set for you, one for the court and one for dg) - so DON'T do this until it is ordered by the court and it is about 5 days from being required as it is a heck of a lot of copying - probably over 200 pages times 3.

but this is the info that would be required should the draft direction be made an order:

 

If the judge agrees with the draft order and makes it a direction, it will come back to you and you will have at least 14 days (the date will be on the paperwork) to send in four things:

 

a) your schedule of charges. (ie a copy of your spreadsheet)

b) your statements showing the charges. Alternatively, the list of charges which the bank provided under your S.A.R (subject Access Request) (only send the statements with charges on them.)

c) A Statement of Evidence: (post 55 in the new strategy): New strategy for Allocation Questionaires

d) All the statutes and decided cases on which your claim relies. ie, UTCCR's, UCTA's, SOGA, case law, etc. For this, I'd just submit the whole of the Basic Court Bundle.

 

This whole thing runs to around 200 pages and should be done in triplicate: one copy for you, one for the court and one for dg – that’s 600 pages of copying – LEAVE IT UNTIL YOU KNOW FOR SURE YOU NEED IT. If an offer comes in from DG and is accepted you wouldn’t need it. Really leave it until you have to do it to meet the deadline set by the court!

PHEW, THERE YOU GO SPARKY. READ IT SLOWLY, TAKE IT ALL IN AND ACT ON IT. Then just sit back and wait again until you hear further from the court. All the best. Fendy xxxxx

[Jetspark]

Oh my god, thank you so much Fendy. I have no time to read this now, off to pick up from basketball then hungry kiddies. Will be on later, with my glasses and wine (not much mind u, too much to take in!). C y'all later and thanks again Fendy, i will be forever indebted to you, i know what you get thru in a daytime and appreciate it so much the time you have taken to get back to me. Sparkie XX

[hedgey06]

Yaaaaaaaayyyyyyyyyyyy for Fendy!!!!!!! I'm glad our gal came up with this one - cos I couldn't find a thing!!! You've earned your glass of wine today Sparkie........... in fact, have two!!!! xxxxxxxxxx

[Jetspark]

Thanks guys!! Have bin trying to get my head round this lot but unfortunately due to one bottle of wine who accosted me when i got home and a child who has been hassling me all nite to practice the old spellings, i before e and all that - unfortunately this will have to wait till tomorrow now! Am starting to question my own spellings when checking hers !!!!! and i thought i was quite a good speller! P I N O T G R I G I O.... c i told u. Gotta go chickens, have just been told its 9.30 and i thought it was 8.30. Blooming kids why r they always one step ahead (if i was them, i would've just let me think it was 8.30!). Nite nite, clear head on tomorrow after work for an hour, then kiddies party and stuff. Oh well, they've given me 14 days. Thanks again Fendy - I love ya XX (and hedgey xx) Sparkie xx

[fendyweather]

No worries jetspark. Glad to help.................. and as it looks like yours is going exactly same way as mine, its easy to advise on it really. All the best. Your life sounds like mine at the moment, BLOODY HECTIC. lol xxxx Fend xxxx

[Jetspark]

thanks Fendy, all that AND i've found a flat to rent with kiddies so will prob be moving in couple of weeks Yaaaaay Freedom XXXX

[hedgey06]

Yaaaaaayyyyyy for freedom for Sparkie and the kids, and yaaaaayyyyyy for pinot grigio!!!!!!!!!!

 

Nite Sparkie, hope your head don't hurt in the morning honey!!! Lots 'a' love, hedgey xxxxxxxxxxxx

[fendyweather]

Nite sparky............. the road to a better future is about to be trodden, by you......... all the very best,, and Im so full of admiration for you. Brave, and strong. All the very very best to you. Sincerely................. Nite Nite. Off to bed now. Take Care. Fendy xxxx

[Jetspark]

Finally managed to get my head round this and sent the letter to court with the draft order attached this morn. Is this all i need to be doing at the moment or am i meant to be sending something to cobbetts as well? Not sure cos all i've received from cobbets is the defence? Cheers anyone

[Parkvale]

Sparkie from Parkie, Send a copy of the letter and draft order to Cobblers as well. Lets them know your still on the ball and fighting.

[Jetspark]

Okley dokley parkie, will do it now and go back to post office for 2nd time today. Cheers, love sparkie X