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

[fendyweather]

JonnyD, tis not you is it ??? nah cant be cos guy on tv, scrummy yummy one has already had his statements so knows exactly what Nutty West owe him and as you are still awaiting balance of your statements, me thinks that JonnyD may be telling the Mancunian pork pies. Lol. Fend xxxxxx

 

Aha, finally caught up with you on my own thread. You are squirmier than the nutty west at mo..... Lol xxx

[jonnyd]

Methinks you may well not be incorrect Fendy!! Apart from which I can't even do basic maths (as you know from my thread), so as for barrister material.......lol!

[fendyweather]

Lol Lol. I knew it...................... mancunian pork pies. Theyre always the funniest one though. Hedge comes out with some corkers......... Anyway, is there only sad me on here this morning, or is everybody believing its sunday, got their days mixed up and hence sleeping in. Weather here lovely today and way tooooooo nice to be in bed.................. waste of a day, although depends what theyre actually doing there I suppose. If its sleeping, what a waste of a day, if its anything else, then good on yer and keep it to yourself. Lol....Lol. Fendy xxxxxxxxxx

[fendyweather]

Well major news. Grumpy postie just arrived bearing bad news. I got the full defence from Cobblers. I will just finish reading through it all and post back shortly............... Watch this space..................Not too fussed actually as I prefer knowing I fought and won with effort than to win by default. Its a bit deflating to not have the chance to fight back, so will get onto it once Ive digested it all.

 

Fendy xxxxxxxxxxxx

[jonnyd]

Luck Fendy!!......may be an excuse to employ the 'tasty' barrister......though don't think so somehow!..........happy reading:)

[Guest NATTIE]

Fendy, your Easter present, do you not like it;) It will probably state that the particulars of the claim are not clear enough, you need to explain which section of law relates to each charge....am i close? You'll be fine standard stuff i am sure.

[fendyweather]

Hiya all, sorry to bust the Happy Easter Weekend, but heres basically what theyve put in the defence. All standard cobblers, no surprises there...

 

DEFENCE:

 

1. This defence is filed and served without prejudice blah blah blah, that the particulars of claim do not disclose reasonable ground for bringing a claim against the defendent to recover the bank charges (and interest thereon) referred to in the Particulars of Claim or any other sums. In the event that the claim is not properly particularised then the defendent will apply to strike out, blah blah blah........

 

2. Without prejudice to the non admission set out inthe foregoing paragraph, if and to the extent that the claimant proves the allegation that the defendent debited charges to the claimants bank account, in so far as such charges were debited on a date or dates more than six years prior to the issue of this claim, any remedy in respect of the same, whether damages, restitution or otherwise, is barred by the operation of the Limitation Act 1980 and or the doctrine of laches and the defendent will apply to strike out this aspect of the claim and or for summar judgement. On allocation, the defendant invites the court to direct that there be a case management conference in order for the court to consider the making of appropriate orders to give the claimant the opportunit to properly particularise the claim.

 

4. No admissions are made as to what charges have been debited to the claimants bank account.

 

5. In relation to the allegation that the contractual provisions pursuant to which the charges have beenn applied are unenforceable by virtual of the unfair contract terms act 1977, UCTA 1977, and or the unfair contract terms in consumer regulations 19999 blah blah blah blah the claimint is reqired to identify.

 

a) the sections of the unfair contract terms act 1977

b) the regulations of the unfair contract terms in consumer regulations 1999, and

c) the principles of common law relied upon by the claimant in alledging that the contractual provisions referred to are unenforceable and

5.2 the contractual provisions that the claimant alledge are invalid by reference to UCTA 1977 and or the regulations.

 

Blah blah blah, it just goes on and on..... But all the standard stuff.

 

Now, I know what Im doing, I think, gulp........... tis fun though,,,,,, but wheres the link gone for the reply letter. Help. !!! And should I just be printing off the N1 particulars of claim to send again to court ?

 

Has everything been moved lately, its not where it used to be ???

 

Fendy xxxxxx

[jonnyd]

Blimey!....having just regained consciousness after slipping into a narcoleptic coma after the 3rd line, I wish you luck m8y, and hope thate my claim doesn't get to that! Though Nattie was, as usual spot-on! V reassuring to know he's around!

[fendyweather]

Yeah JonnyD, nothing to worry about. Theyre just playing at

 

"Lets be legal *rsewipes and try and confuse the opposition, and in the meantime, lets just drag it out so that it looks to nutty west like were actually doing our job and earning our money, but whilst earning a very fine fat crust too from nutty west in the process".

 

Tis fine by me. If Nutty West wanna keep spending shareholders profits on employing the tactics of Nutty Cobblers, then fine by me. Spend as much spondoolies as youve got nutty west. Cos Im getting my money, and I wont go away, and in the meatime, the longer you delay, Im earning a nice little £3.35 per day for every day that you delay paying me. Yaaaaaaaaaaaaaay so Im quite happy really. Lol xxxx More lolly for me. Yaaaaaaaaaaaaaaaaaaaaaaaay, and Cobblers, Silly Nutty West. !!!!

 

Im sure its run by Nutty Pixies.

 

Fendy xxxxxxxxxxxxxxxxxxxxx

 

SO BACK TO BUSINESS. I know technically I dont have to do diddly squat with this defence received, but because Im a polite little yorkshire binty, Im going to resend the charges sheet, yet again, for the second time to Cobblers Wobblers, together with a nice wee little letter saying I dont have to do diddly as far as their requests go, but that if the court asks for further info, then I shall of course be obliging with immediate vigour. Oooooo yeah........................

 

Watch this girly enjoy the ride............. Fendy xxxxx

 

Might send a box of choccies to Higley after all this. Poor man might be needing some light refreshment, and Im sure he must feel nobody loves him right now. I love you Mr. Pigley,,,,,,,,,,,,, cos you make me have to work for my refund, and in the process, Im getting quite smart. Well, OK, not brain surgeon smart, but a bit wiser on this claiming spondoolies back mullarky......Lol. Fendy xxxxxxxxxxxxx

 

HAPPY EASTER, ALTHOUGH MY BUNNY DIDNT BRING MUCH. LOL. XX

[fendyweather]

OK after reading up again a bit more. I really dont know whether to even bother replying to them. I want to, because Im like that, but I know I dont have to........... I know I should just wait for copy of defence and AQ from court, but I want to be seen by Mr. or Mrs. Nice Judgey Pants to be being cooperative and nice. Do you think it might serve me well to send another copy of my charges spreadsheet to the court and cobblers. I do know I dont have to but do you think it would be seen as me being nicer and helpful to Cobblers, seeing as they seem to keep misplacing these charges breakdowns, Lol. xxxx NOT.

 

Fendy xx

 

Nattie ??

 

or would you just ignore it and wait for defence copy from court together with AQ.

[jonnyd]

GO GIRRRRLL:) !!....it'll take more than a bumph load of legal jargon to put you off I suspect Fendy......and I know it won't spoil your Easter weekend, (though I suspect S*atwest may have thought so by sending that to arrive today, in their own little petty - minded banker type way...) - the missing letter's an 'h' btw, in case you hadn't immediately figured, but got caught out by the swearword filter last night calling them B**tardWest, so thought I'd better curb my foul language (though it does make me feel better!)

 

Have a good weekend:)

 

ps - if you get a chance, see what you think of my holiday suggestion on yor thread.........

[jonnyd]

Fendy, in my experience you cannot do too much in this regard. You never know when the recorded delivery letter may negate a defence point brought up by the opposition. Yes, you're quite right to be seen as open & transparent in your dealings with any respondent in court matters, it can NEVER do you any harm and may well tip the balance in matters where coperation is taken into account. All for the sake of a letter or 2?? Do it, is my advice..... J

[fendyweather]

Um,,,,,, yeah JonnyD. Holiday suggestions sounds brill. If you have any piccies, would be nice to either PM them to me or to post them on the thread. Would love to see some. Some other peeps have put pics on there, and theyre brilliant................. theres nothing like a piccy to actually convey a place's brilliant to a person. No amount of describing can ever do that really................. Brilliant idea JonnyD. All suggestions and piccies gratefully received............. I so gotta get that holiday booked, looks like its a little bit closer today. Lol. xxxx

 

Happy Easter....................... Fendy xxxx

 

Hubby and little boy gone to watch Leeds U try to stay up in the league today. No comments please...... I know I know, but they are avid supporters and I dont want to wee wee on their bonfire. I thought I better put wee wee cos Cagbot will gag me otherwise. Bad poopy words not allowed........... and I did get S*atwest JonnyD. Lol. Im not completely potty..................Loll xxx

[fendyweather]

Where oh where is all the people................. Im here all alone with my Cobblers defence and nobody to laugh at it with...........

 

Everybodys gone to the seaside I think. All except me...................... Ah well I will be going to seaside with my winnings when I win, and my bolly of course..............................

 

Help........................... is there anybody out there in Cyber Gag land. Im bored.............. Fendy xxxxxxxxxxxxxxxxxxxxx

[Caz1974]

Can't help you with your defence Fends it's all way over my head.

But my postie brought me something really specaillllllll:D

I won ahem (coughs) my youngest aged nine and 3 quarters won a Blue Peter badge for entering the bash street kids competition LOL!

I always wanted one as a kid plus I wanted to go on Jim'll fix it n meet Shakey but allas it never happened.

Both my tiddlers have won Blue peter badges now with a little help from mum.

On the trampoline front have you ever noticed in the summer how your garden is always full,you feed five thousand and hardly ever get the same invites returned for your kids to go specail places with other folks.Just a trip to the park would be a nice offer now n again.

It's a good job for mums like us or the teenagers in our neighbourhoods would have nothing to do but run round in hoodies looking daft:)

I have a garden n house full as we speak and have tootled off to have 5 minutes.

[fendyweather]

Lol Lol Caz. You and me both. Kids, and house full. Not today though. Littlest one gone to footy with his dad and eldest her swotting up on revision for GCSE's coming up shortly. So house to myself really, other than dog............. Been swotting up myself on defence etc. and realised not much to do really. I will out of courtesy send Cobblers an acknowledgement that Ive received their defence and send another copy of my charges spreadsheet with full breakdown but now just sitting tight and waiting for bank to send me their copy of the defence together with AQ. Not much else to do now, but wait again. Not worried, just bored that it all takes so long Caz. But its worth hanging on for 16K, dontcha think. Lol. Fendy xxxxx

 

And well done to your iccle ones for the blue peter badges. Cripes theyre worth a bob or two. Get you into all sorts of attractions free. Well done to them.................... Yaaaaaaaaaaay for Caz's kiddlies. Yaaaaaaaaaaaay. Well done..........

 

Yee old Shakey, behind the green door eh. !!! What are you like. !!!!

[Caz1974]

I think what you're doing with the defence is spot on I've read a few threads to try and educate myself but they all say to do the same as you're going to do.

Ooooooo won't be long now!!!

Talking of G.C.S.E's I wrote a four page essay on Edgar Allan Poe for my eldests coursework yesterday.....she'd put Edgar Allan Poe is crap as her answer .......so mum gave her an helping hand.(again)

I hope your girls more enthusiastic when it comes to English lit.

LOL @ shakey he makes me cringe now - my crushes were him and Sylvester Stallone now I cringe at my teenage hormones

[fendyweather]

Lol sly and shakey. What a combo.

 

thankfully my girls not doing English Lit. She hated it so didnt do it as an option. She's doing plain old English, but not Lit. She wants to be marine biologist so has selected the sciences, french so she has another language........... and art of course. Shes got 12 to do before end of June. Poor thing................ I only sat 8, and I struggled with those. I think these days the exams are easier (only me talking) but that they have more to do......... i.e. coursework etc. Luckily shes good at English so really doesnt need my help, but shes hopeless at maths. Weve had to take on a tutor 2 hours to come once a week to help her because I fear without the help she wouldnt scrape through. Bless....... I wouldnt go back to school for any amount of money. Would you ???? Nah.

[Caz1974]

No way would I go back to school not now days.

I was lucky I got 10 GCE's and found it all easy......I went back and did A - level art and English when my eldest was a toddler out of boredom more than anything else.

My lass wants to do performing arts either on stage or on telly.

So she's doing drama,media studies etc.They have to do English language and English lit compulsery at her school.She doesn't sit her exams until next May so this years not too bad

[fendyweather]

Ooooh wait till next year then, thats when the fun on coursework really starts. Lol. Poor kids dont get to have a life really for a whole year. Lol. xxxx

 

I didnt do A levels. Got 8 O'Levels, then went out to get a job. Never went to Uni etc. etc but studied at college for two years in interior design and textile design whilst working at same time, so hence how I ended up in the job Im in. Weird.............. but wouldnt really do that now if I had my time over again, lol. we change so much as we get older. We almost become different people to what we were when we were teenagers I think. Im just the same inside, age wise but the things I love/like are completely different to the things I did then. Weird................. Fendy xx

[Caz1974]

It's true I'm exactly the same:D I even like different food now.

xxxx

[fendyweather]

Exactly my point..................... I rest my case. Wish it was so easy to convince Nutty West to give my dosh back. Lol. Fendy xxx

[enaid]

I failled me 11 plus but hey ho, I get by:)

[fendyweather]

Many an enterpreneur has left school with not a jot to their name. Tis not what you gain in official qualifications but what you learn from life that makes more sense Enaid.............. ok qualifications might get you an initial foot in the door for interview or whatever, but ultimately you still as a person/individual personality etc. have to shine................ That counts more than the paper stuff. Lol ..... Only my opinion. Fendy xxxxx Cant stop thinking bout poor seahorsey.......... he must be so down.

[Caz1974]

The school of life taught me much more than the any schools I attended:)