Megy vs Natwest

[megy34]

OK all, its now been just over 14 days since I sent the LBA, the next step is to file a claim or whatever, with the spreadsheet printout but to include the interest at 8%, how do i work this out, is there something in the excel sheet i am missing?

[WendyB]

If you use excel simple sheet 6 I think it is, it works the 8% out for you.

 

Wendy

[megy34]

Thanks Wendy, I will have a try with it when i get home.

[megy34]

Hello again all,

 

I have completed the court claim form, but cannot see any mention of court fees, do i need to pay this with the form, and if so, where can i find out how much i need to include?

[Deller]

Here is a list of all the fees. So you can see how much yours will be.

 

County Court Fees

[megy34]

Thanks all for the good advice up till now, unfortunately due to personal reasons i was unable to carry forward with this claim, but i am back on track now and have just completed the court forms and printed them out.

 

The only bit of confusion i have in this is the last box, where it makes reference to claimants solicitors firm, as i am not using a solicitors i assume i just leave this and any other reference to it blank.

 

I also seem to remember reading somewhere on this site, but cant find it now that you can request the fees be refunded in a cheque as oppose to being just paid into the relevant account, where do i need to state this or how do i request it?

 

Thanks again, looking to get the claim forms in the post today.

[hedgey06]

Just put 'not applicable' where it asks for name of claimant's solicitor. With regards to cheque payment request, if you can squeeze it into the POC - you may be able to add a '5d) The claimant requests full payment by cheque. Might work!

[megy34]

I have just read on some other sites that all actions, including that of county courts/small claims courts, have or will be suspended.

 

I sent my claim forms off on saturday, including the cheque to pay for the action, and note that the cheque has not been paid in yet, what is anyones advice to me in this case, would i be best to put a stop on the cheque, or phone the courts to see what they are doing?

 

I am reading several different reports and am getting confused as to what is happening, what will happen, what i need to/not need to do?

 

I am sure i am not the only person to ask, but i am at a stage that i think might be critical.

 

PLEASE ADVISE ANYONE.

[hedgey06]

Megy, the advice is to continue to proceed with your claim as normal. Please read the link attached to my signature for further clarification of this. You may possibly find that your local court places a stay on your case - and if this happens we can support you to apply to have this removed. For the moment though - don't worry as it's business as usual

[megy34]

Thanks Hedgey.

[megy34]

TOTALLY CONFUDDLED NOW!!!

 

I have been reading the various threads on this site and across some other websites, and I am now totally confused as to what is happening or is likely to happen in respect to my claim.

 

I sent the claim form and list of charges(inc interest) to the bank a few weeks ago, after a week i phoned to see what had happened, cheque not presented etc, and they said they hadnt had the forms, so I sent it all again end of last week, check my online banking and see that the cheque got taken from my account today, confirming that the forms have been recieved this time around.

 

Would the courts still bank this cheque if there was an automatic stay applied to all claims? Is there or is there not an automatic stay applied to all claims? Will my claim get so far and then the judge apply a stay due to the OFT/FOS test case? Will my bank now be even more dismissive of the claim I have filed against them?

 

I appreciate everyone has lots of questions, but it seems I have sent my claim form in and had the cheque paid in a particularly difficult spell in the whole bank vs anyone scenario. Is this just my (as usual) bad luck, or would no one really batt an eyelid and worry about something else instead.

 

Obviously I havent heard anything from the court and with all the postal disruption at the moment things could be delayed.

 

I guess I am just looking for some case specific advice as i am just confusing myself even more with everything i read.

 

Thanks again in advance, I know I am being thick.

[hedgey06]

Each court is handling bank charge claims in their own way - some are staying cases, others aren't. If you file a claim at court - yes, they'll bank the cheque and proces the claim. It's later down the line that cobbetts would apply for a stay - and it would be up to the judge who looks at your case to decide whether or not to grant it.

 

It's incredibly difficult for everyone with pending claims at the moment as nobody is sure whether their case will be stayed or not - it's a horrible situation. But it's basically a waiting game right now to see what happens next with your claim.

 

Keep us posted - and best of luck x

[timmeee]

I too have sent my LBA off some time ago now and contacted Natwest to find out if they had received it.

 

They told me they have 40 days to make an offer... this will expire tomorrow!!! I called Natwest today to find out what is going on and got told about the "Stay"

 

My question is... Do I send a cheque for my claim and persue the claim through the courts or hold fire??? Natwest told me it could be years till this was resolved at which point I laughted at him and hung up the phone!!

 

Where do I stand and what should I do??

[megy34]

Thanks again Hedgey, you are certainly living up to your title 'site helper' as you are clearing things up for me.

 

I had some post waiting for me when i got home, the notice of issue from the court, do i assume the bit in brackets (unspecified amount) is just a standard for the form, there is no mention on the notice to stay how much i am claiming from Natwest, I assume the notice they sent to Natwest will be different and will have the amount on it.

[hedgey06]

Megy, under 'Notice of Isuue', are you sure it says 'unspecified amount' in the brackets?

[megy34]

Yes,

 

It has:

'notice of issue'

(unspecified amount)

To the claimant

 

then a box with my address in it then the dates of when it was issued and when the defendant has untill it needs to reply.

 

Looking at the claim form i might have missed the amount claimed/court fee in the bottom box, dont know if i missed it on all forms or not.

[hedgey06]

I only asked as mine said 'specified amount' under the Notice of Issue. On your N1 claim form, have you included the charges where indicated on the guidance note (e.g., on the front page under 'Value' and in the box at the bottom right hand corner, plus in section 5 on the second page)??

[megy34]

Under value i did yes, in section 5 I entered the seperate amounts, but in the box in the bottom rh corner of page 1 i dont have it on the one i have, so i think i will have left it off the other ones too. Is this a problem, or a slight oversight?

[hedgey06]

Slight oversight - don't worry, it isn't as though you haven't put the figures on the form at all! Phone the court on Monday morning to explain - but it should be fine.

[megy34]

Hi all,

 

I have in the last 2 days recieved an offer from the bank, for £98 less than my original claim(before interest and court fees).

 

The letter I recieved mentions all the test case stuff and that if the case goes to court they will apply for a stay etc etc.

 

My current thoughts are that I am more incined to accept this offer with there being so much unknown at the mo with this test case.

 

What do others think.

[megy34]

Just phoned Luton court, and they said that they are staying all cases on their own initiative without any application from the bank, apparently I will be getting a letter to confirm this. All outstanding and new cases will be stayed untill 31st march 2008 at the earliest.

[hedgey06]

Hi megy, I've just sent you a message. x