Alison V Nat West *****WON*******

[allisonedwards]

Hi All

 

Just received a copy of Natwests AQ, and they have stated that, as per their defence, I have not particularised my claim properly. I did fully particularise as per advice given here (not using MCOL) so it was very thorough. I have read on here that this seems to be a standard defence and I recall seeing a response to it but cant find the thread.

 

Could anyone point me in the right direction of a response to this, and also do I send it via the court or to Cobbetts, or both? From what I recall it involved sending the spreadsheet again I believe.

 

Thanks in advance.

Ali

[Guest NATTIE]

Standard stuff from Cobbetts

[allisonedwards]

Hi Nattie

 

Thanks for your reply. Do I need to respond to this or do I now wait for the courts to respond with court dates or requests for info.

 

I dont want to wait and leave it and then find that I was meant to re-iterate my poc at this stage.

 

Thanks

A

[Andy449]

I can't really give a definite answer without seeing the POC you entered but there are two reasons I can think of for them to say this.

 

1. Your POC didn't state which articles of law you are claiming under.

2. You didn't attach a copy of your bank charges when you filed the claim.

 

If you have done both of these things then I would think that you're safe to ignore it.

 

Hope this helps.

 

Andy

[allisonedwards]

Thanks Andy - yes I did state the articles of law and attach the spreadsheet. I used the guidelines on here for completing an N1, which included all the relevant acts etc. I presume they are being obstructive and will ignore it.

 

Thanks

A

[natwesttookmymoney]

Hi, Allison

 

Have you sent in your AQ yet?

 

If you've included your spreadsheets and full POCs, the standard defence they put up is a load of b*ll*x. What you can do, if you wish, is apply to the court to have their defence struck out under Part 16 of the Civil Procedure Rules (CPR). And even part 27, if my memory serves me well 0 it deals with claims that 'have no chance of success' at trial. If they haven't defended a properly particularised claim then they have no chance because there is so much they won't be able to rely on or call.

 

Best wishes

 

Westy

[allisonedwards]

Hi Westy

 

I have returned my AQ. I didnt send the spreadsheet or POC back with the AQ, but all that info was sent at the time of making the initial claim, so they do have a very comprehensive N1 and the spreadsheet.

 

Should I have sent these again with the AQ? I feel they are just being obstructive and giving a standard defence as the N1 stated all relevant articles and regulations. However, I dont want to mess up at this stage and wonder whether to send again to cover all bases, even though they have this info.

 

Thanks Ali

[natwesttookmymoney]

Send a letter to Cobbetts along these lines

 

Dear sirs

 

I note your complaint that I have not particularised my claim properly. I find this surprising as I advised your clients exactly what I was claiming and why on two occasions before issuing court proceedings. When filed my claim, I detailed the legislation under which I am claiming and included a comprehensive spreadsheet of charges, with dates, description s and interest amounts in each case.

 

As I am confident that the Court would have forwarded these to you in the normal way, I can only assume that you have mislaid them. For your convenience, I am attaching additional copies herewith. In the light thereof, your client may wish to reconsider its position and make an acceptable offer, which sill save your time, your client's time and - most importantly - the Court's time and resources.

 

I am forwarding a copy of this letter to the Court.

 

Yours faithfully

 

Ali E

 

And do that thing - send a copy to the court. If you have't heard anything from them in 7 days, consider making an application to strike the defence down.

 

Best

W

[allisonedwards]

Sorry for delay Westy

 

Thanks so much for your help. Im going to do that. It will put my mind at rest that I've coverd all bases.

 

Thanks again

 

Ali

[natwesttookmymoney]

You're welcome

[allisonedwards]

Hi All

 

I have got my court date of 23rd April and have until the 9th April to send all the docs I will rely on in court. The case has been allocated a whopping 5 minutes!!

 

Has anyone else who has received a court date been given such a short length of time? Im hoping its a good thing.

 

I just want to check on the docs I need to send. Do I print out the court bundle and also send all my bank statements (all 6 years), or just the ones stating the charges on. Is there anything else I should attach?

 

Thanks in advance

 

Ali

[fendyweather]

if in any doubt alison, PM a mod on the site, if no answers are forthcoming quickly send a private message to a mod or site helper and they will be glad to help give advice on exactly what you need. Dont worry. You will be fine. You have to prepare you bundle just in case, and do it early too, so its all not last minute, but honestly, they will settle before then, it might be the night before, but they will settle, so have faith. But get that bundle ready just incase. Not been needed so far, theyve all caved before the court date, but just show the judge youre on top things and know youre stuff. Get it ready, and then ur on top of things.

[allisonedwards]

Hi All

 

Just about to prepare my court bundle. Does anyone know if I need to print all my statements or just the ones with the charges on?

 

Also do you recommend enclosing anything personal other than all correspondence, statements and schedule of charges? I cant think of any other personal docs, but can anyone advise if they have attached anything else (obviously apart from the basic court bundle staff, directives, legislations etc)

 

Oh also do I supply all three copies to the court for them to forward to Cobbetts or do I send one direct to Cobbetts myself?

 

Thanks

Ali

[zootscoot]

Hi Alison,

 

You send one copy to the court, one copy to Cobbets and keep one for you to take on the day of hearing.

 

You only need to include statements with actual charges on. If you have any other relevant documents include them if not don't.

 

Best of luck

 

 

Zoot

[ShootMePlz]

It seems the courts are only giving 5 minutes as the banks seem to settle before it gets there.

[Parkvale]

allisonedwards,

Just bank statements applying to the charges incurred. 3 sets of court bundle One for the court .One for cobblers and one for your self. You are nearly at the winning post. Good Luck.

[fendyweather]

Oooooh so exciting now. Can you smell the money, and the sweet revenge. Ooooooh, I can, and Im not quite as far as you. Yaaaaaaaaaaaaay, blissful justice. Fendy xxxx

[allisonedwards]

Hi All

 

Thx for all the help and advice.

 

After hearing about others getting offers and things, and the fact the bank are pushing it all the way with me, I keep getting paranoid that I will be the 'chosen one' and have to face them in court! Im not giving up though, but wont believe I will win til Ive got the money in my hands!!

 

Like you say Im nearly there - Thank goodness!!!

 

Ali

[Parkvale]

allisonedwards oh chosen one ,

Bless you for worrying, but they have paid out £ millions and not defended their charges in a court room yet. If they do change their minds and indeed you are the "chosen one " You will be so famous and rich . You will not need your bank charges back.

[gizmo111]

I wouldn't worry about wasting the ink in your printer until at least the 5 April.

[maxine989]

Hi All

 

Thx for all the help and advice.

 

After hearing about others getting offers and things, and the fact the bank are pushing it all the way with me, I keep getting paranoid that I will be the 'chosen one' and have to face them in court! Im not giving up though, but wont believe I will win til Ive got the money in my hands!!

 

Like you say Im nearly there - Thank goodness!!!

 

Ali

 

Hi Ali

 

I think we all feel like that from time to time. Although there is a mass community on here... there are those moments when you're tapping away on your computer... thinking... AAARRRGGGHHHHH!!!

 

It's only natural.

 

I am just a small stage behind you with Natwest... I am waiting for an allocation date.

 

I will keep an eye on your thread and see you get on.

 

Good luck and try not to worry.

 

maxine

[fire fox]

Hi alisonedwards

I had to send in my court bundle ready for the court date and after I sent it I rang cobbetts and asked for an update on my case. They said a cheque was on the way. When it arrived it was dated well before my bundle had to be in so I neednt have photoopied 300 pages. Give them a ring before you do it just to check. May save a tree!!!

[allisonedwards]

Hello All

 

Me again - thx for all your posts and help - but Guess What!!??

 

You were right - I got a cheque for the full amount this morning!!! I cant believe it after the conversations we were having earlier!

 

They have paid the full amount of £1231.00. I am so over the moon as this seems to have been going on so long and like I said before I never took if for granted that they would pay and was picturing myself in court!!

 

(Doesnt look like Im going to be rich and famous after all, Parkvale! Ha ha!!)

 

Best of luck to everyone else on here. Does anyone know how I make a donation to CAG as without this fantastic site I wouldnt be in this position now?

 

Good luck all you lovely people.

 

Ali

x

[Advoc8]

Congratulations There's a grey 'Please Donate...' button at the top of the site if you want to do so.

[maxine989]

CONGRATULATIONS!!