Claim With Natwest

[wtsnlng]

In July 2006, i started a claim for just over £1500, unfortunatly i some problems at home so i didn't pursure it, I got as far a my 2nd bog off letter from Natwest, could i go straight to the small claims court now or do i have to start all over again.

 

can anyone shed any light, Thanks

[Michael Browne]

Re-send an LBA, refer to previous correspondence, and only give 7 days before filing.

[wtsnlng]

Many Thanks, will get letter out tomorrow.

[wtsnlng]

Claim now sent to court and has been issued to Natwest, Just have to Wait now

[Parkvale]

Patience is a virtue, and sometimes with Nat West you need plenty of it. Good LUCK.

[wtsnlng]

Got a Letter from the Court today, Natwest has Acknowledged the claim, and added more time. Does anyone know what Natwest do now.

[Guest Mumofthreeboys]

Got a Letter from the Court today, Natwest has Acknowledged the claim, and added more time. Does anyone know what Natwest do now.

 

Added more time in what way?

[wtsnlng]

Adding more time from 14days to 28 days

[Guest Mumofthreeboys]

When you issue a claim the Defendant has 14 days to acknowledge the claim and then further 14 days to enter a defence or 28 days in total from the date the claim is deemed served.

[fendyweather]

So you need to count on 28 days max, excluding bank holidays etc. etc. from when you claim was served. If they dont enter full defence by then, you can contact the courts and see if you win by default. Although they have been known to allow them a little extra time lately. Doesnt seem fair I know but basically I think its because there are so many claims at the mo. All the best. Get counting the days to full defence.

 

Fendy xxx

[Guest Mumofthreeboys]

Before you go for default judgement you should read this http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

[wtsnlng]

19/03/07 Natwest has filed a defence to the Claim saying they dispute the whole amount owed, Just have to wait now for the allocation papers

[Parkvale]

Nothing new there then,

[wtsnlng]

Help Needed.

 

I got the defence from Cobbetts, and also a request for further information.

 

They are asking among others, (In Relation to each charge, Please clarify the following)

 

a, is it the case of the claimant the same should not be charged if yes please state why.

 

b, i should have not been charged this amount if yes state Why.

 

In the claim i stated the charges are an unlawful extravagant penalty, please supply information in support of the claim.

 

Please specify the clause(s) pursuant to which the charges were applied

 

please specify whether the changes applied were to due to a breach of contract by the claimant.

 

please identify in each case the particular breach of contract.

 

next question is regarding unfair penalty, there would like to know the facts.

 

does anybody know what i have to do now with the further information they want and they want it by 4th May.

 

Do i have to send the information to them.

 

it also says that if i do not provide an adequate response they will ask the court to strike it out.

 

can anyone help.

[Guest NATTIE]

Has the court asked or has Cobbetts asked?

[wtsnlng]

Cobbetts, haven't heard a thing from the court yet

[Parkvale]

wtnsnlng, Don't worry this is a normal defence. Is the request for further information a CPR 18 request. If so as you claim is under 5k you do not have to answer this.Hvae you forwarded Cobbetts and the court acharge spread sheet . If not do so with this letter.

Acknowledge the receipt of the defence posted on behalf of National Westminster Bank PLC.

I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative. As I understand the above I shall not be replying to this request unless asked to do so by the courts and your deadline of the 4 th Mat 2007 for this request will not be met.

 

 

Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. However, for clarity, I confirm the charges I am claiming were applied to the following account:

Account Name: *********

Account number: ********

Sort Code: ******

Please also find enclosed a breakdown of all charges I am claiming. I will however point out that a copy of this breakdown has been sent to your client on two occasions and was filed with the N1 when I approached the courts to make this claim.

 

 

 

Yours Faithfully

Good luck and next stage will be that the court will also send you a copy of the defence.

[wtsnlng]

Thank you, I have never filed for a claim before, i was getting a bit concerned, but i bit lighten now.

[wtsnlng]

Do i have to send a copy of the letter to the court i send to cobbetts.

[Parkvale]

YES, The court don't like the CPR 18 request by Cobblers.Good luck

[wtsnlng]

Many Thanks

[wtsnlng]

Hi, Help Need.

 

When i made my claim i didn't put the joint account holders name on the claim form as a claimant.

Does my partner have to be one of the claimants as well. as i have just had a letter from cobbetts..

 

If anyone could help.

Thanks

Paul

[Michael Browne]

No you don't and Cobbetts very well know that.

 

CPR 19.6 specifically allows it:

PART 19 - PARTIES AND GROUP LITIGATION

[wtsnlng]

So if i write back to them stating part 19 of the civil procedure rules.

[Michael Browne]

Yes ask them t point out which part of 19.6 bars you from claiming in just your name.