Fendy v NatWest - 16K - **FINALLY WON**

[Michael Browne]

If they offer your charges in full prior to you filing, you should accept. To go ahead with a court claim for interest, which as you now know, you are not entitled to before filing a claim would be foolhardy.

[Michael Browne]

if I havent had full offer from them before Monday of full £11701. charges only, Im quite within my rights to start the MCOL for the 11701 plus 8% stat int, making it 15.5K in total to claim from Monday.

Absolutely

[Michael Browne]

I was wondering, once they get served with the court thingy can they still come back and offer me my charges and do I have to accept

or can I take it all the way to court now for the 15.7K.

 

Yes you can. But equally you can decide to accept or refuse any future offer

[Michael Browne]

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely,

[Michael Browne]

will they fight it in court do you think, actually stand up and defend this one.

Doubtful, but you should always assume that it may and therefore prepare as much as you can.

[Michael Browne]

Track is dependant on your charges even if the 8% interest takes it over the Fast track limit of £15000, so it should be Fast track

[Michael Browne]

Ive been told this will be fast track. Does that mean it will be dealt with much quicker than small claims ?

No

[Michael Browne]

So do the Cobbetts have 28 days from 11th March or 14th March to file a defence. ????

28 days from the deemed date of service. It will be on the Notice of Issue

[Michael Browne]

If you filed 6th Mar, it will be deemed served on 11th Mar. acknowledge by 25th Mar, defend by 8th Apr (Mon 9th)

[Michael Browne]

Sorry that's Tues 10th, Mon is Easter Monday.

[Michael Browne]

can you make me up a packed Lunch as i feel like a schoolboy!!

I doubt you could eat a whole one.

[Michael Browne]

It is normally the claimant who has to organise telephone conferences, but since you are not represented, it will be Cobbetts responsibility (CPR practice Direction 23)

 

Write to them referring to the order and ask them what arrangements they are making. Copy to the court

[Michael Browne]

is this phone conference purely for the judge to give directions on what happens next

Yes

[Michael Browne]

is it to actually HEAR AND TRY THE FULL CASE. ???

and no

[Michael Browne]

CPR PD 23 -Telephone Hearings:

Practice Direction – Applications - This Practice Direction supplements CPR Part 23

[Michael Browne]

As usual they're using their bullying tactics. They just can't help themselves.

 

Quote Civil Procedure Rule 19.6 to them:

 

Representative parties with same interest

 

19.6 (1)Where more than one person has the same interest in a claim –

(a)the claim may be begun; or

(b)the court may order that the claim be continued,

 

by or against one or more of the persons who have the same interest as representatives of any other persons who have that interest.

 

(2)The court may direct that a person may not act as a representative.

 

(3)Any party may apply to the court for an order under paragraph (2).

 

(4)Unless the court otherwise directs any judgment or order given in a claim in which a party is acting as a representative under this rule –

(a)is binding on all persons represented in the claim; but

(b)may only be enforced by or against a person who is not a party to the claim with the permission of the court.

 

(5)This rule does not apply to a claim to which rule 19.7 applies.

[Michael Browne]

Letter, ask them to point out which bit of 19.6 they think doesn't apply!!

 

No need to amend. Business as usual.

[Michael Browne]

If they want to play silly buggers, so can you:

 

Dear Sir,

 

Claim No: XXXX

 

I write in reply to your letter of xx/xx/xx, requesting that my husband join me as party to the above claim.

 

I am perfectly willing to accede to your request, since my husband is fully aware and is in full agreement of the claim. I would be happy to make an application to amend my claim.

 

However since this is not required, as stated in Civil Procedure Rule 19.6, but is solely at your request, I think it entirely reasonable that the cost of the application, together with the associated administrative costs, is born by yourselves.

 

I therefore look forward to receiving a cheque for £35, plus £10 administration.

 

In the meantime my claim will proceed as filed.

 

Yours sincerely,

[Michael Browne]

Keep on talking to us

Dear God, nooooooo!!!! Isn't there an off switch:D

 

Congatulations, BTW.

[Michael Browne]

I am writing to respectfully request that the court strike out the defence as a complete abuse of the court process on the basis that the defendant has settled all previous claims of this nature

In agreeing to settle with me in writing, then withdrawing this offer at the last possible moment, I feel that the defendant is merely using every opportunity of the court process as delaying tactics and that the defendant has no intention of defending my claim at a full hearing.

 

 

Suggested edit, otherwise fine.

Don't forget that the telephone hearing is only for directions, nothing will actually be decided tomorrow.

 

There's this for reference:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/20752-kazzaw-lloyds-asset-card.html#post467620

 

Oh, and of course, all bets are off now. Only the full amount will do and then apply for wasted costs:

Wasted Costs order

[Michael Browne]

Just block list the statements eg

 

Bank Statements xx/xx/xx - xx/xx/xx Numbered x -x 680 pages

[Michael Browne]

Attached Fileshackneyvmullenpdf.pdf (86.8 KB, 37 views)