Choco V Natwest

[fendyweather]

Yes thats it. See, you do know what youre doing, lol............ And dont feel silly. Weve all made a few gaffs along the way during the process. Its normal. And gaffs are good, cos you learn from them. Lol xxx All the best. Get filing. Fendy xxxx

[choco]

Hey guys and gals, I submitted my form to the court last wednesday with my remittence form, the miserable guy at the desk said he'd never heard of anyone getting remittence before if they are employed, i told him to check out the website as it explains it all there! anyway he told me i would hear from them in 2 days, i didnt so i called them today, spoke to the same miserable guy, he put me through to his manager who was as equally miserable, anyway she basically said it was approved and its going to the "typing pool" once it comes back from them they will notify me and it will be officially served to NatWest!!!!! I'm so excited that its finally happenin and am so happy it got approved cos i dont know where i was gonna get that money from!!!!

By the way try to avoid west london county court, they really are a miserable bunch!

[Parkvale]

Choco, if you were inundated with claims that you know were never going to end up in a court, but you still had to go through all the proceedures. You might be a bit fed uo as well. What a shame.

[choco]

Choco, if you were inundated with claims that you know were never going to end up in a court, but you still had to go through all the proceedures. You might be a bit fed uo as well. What a shame.

 

whatever happened to customer service? Everyones job involves annoying customers one way or another but you gotta grin and bear it! I mean they may be annoyed but thats there job isnt it? Just like its my job to take on complaints about noise dust and anything to do with the environment, some of its petty but its my job! you got to make each person think that they're complaint is as equally important!

[Parkvale]

At least in your job you aim to finalise whatever you have to do. These court people know that the banks will settle thus undermining their efforts in the job they are trained for. Court workers dealing with these claims must be pretty demoralised at present. The banks are abusing the system and until there is a test case. It will continue into infinity.

[choco]

Well thats the banks fault they shouldnt be abusing the system, yeah they probably looked at my claim and said "heres another one" but at the end of the day it still dont justify anything. i didnt do anything to them, if they're that demoralised they can always look elsewhere

[Caz1974]

Well done choco hun - keep at it

I've been out the loop for a wee while because of p.c. problems but I'm back now.

As for how my complaint against the Natwest is going it's still ongoing.

I owe money on another account I have with them but since my payout from bank charges refund they refuse to send out statements and won't tell me exactly how much I owe and at which office it's being dealt with so I am holding onto my complaint until all this mush is sorted so I can include everything in the complaint to the OFT and financial ombusdman.Wowzer it's going to be one hell of a complaint:D xxxxx keep at it hun ur doing great!

[choco]

I cant beleive how they just make everything as difficult as they possibly can - JEEZ is it all neccessarY!!

 

Well they decided to play smart and acknowledge my claim, i got the acknowledgment on saturday so they now have until the 28 June!

[choco]

Well not only have Natwest acknowledged my claim they have decided to defend it!! Ok is this still a scare tactic or could they really be trying to go court over this?!?!

[hedgey06]

Hi choco, don't worry hun. They just seem to be on the ball at sending their defences out at the moment (they probs have a batch of them ready and waitin' to respond to the next round of claimants!!!)

 

They're not about to step into the court room............ but I know how you feel, it gets a bit scary and real at this point! But honestly, don't worry at all - you'll be absolutely fine! Just send a short letter to cobbets with a copy of your schedule of charges 'for their info' (c.c. county court). Then sit back and wait to see what the court says!! xxx

[choco]

ok hunni, i do feel scared now though, everytime i think about it i get that stomach lurching feeling you get when your on a scary ride and the barriers come down and its too late to get off!!

 

what do i need to put in the letter?

[hedgey06]

I know how you feel! It's scary, but good scary at the same time! Try something like this:

 

Cobbetts LLP,

58 Mosley Street,

Manchester,

M2 3HZ.

 

Re: Claim number xxxxxxxx

Your Ref: xxxxxxxxxxxxxxxx

 

 

Dear cobblers,

 

On xxxxxxxxx 2007 I received a copy of your defence in the above case.

 

You may not be aware that your client has previously offered to return all penalty charges applied to my current account (copy of your client’s offer letter attached). However, as I filed this claim at xxxxxxxxxxxx County Court on xxxxxxxxxxxxx, I am unwilling to accept any offer that does not include the court filing fee of £120. Please find attached, a copy of my response to your client’s offer.

 

Should your client wish to settle this claim amicably, I am prepared at this stage to accept a full refund of all charges plus the court filing fee of £120.00. (I only put this in as I felt it would show the court that I've tried to be reasonable throughout the claim process!!!)

For your information I attach a copy of my schedule detailing the charges I am reclaiming from your client.

 

Yours sincerely

Choco

 

I sent a copy to the county court as well.............. just so they could see how reasonable I am!!!!

 

Hope that helps hun, try not to worry too much.......... you'll be fine, promise!!! Hedgey xxxx

[choco]

Thanks but the thing is they never actually offered me all of the money back, they offered some measley amount of practically half what i am claiming back!

[yode]

Hi Choco

 

I have been reading your thread and just wondered whether you had received a letter from Cobblers saying that they were going to defend or just the acknowledgement with the defend all claim ticked in the box?

 

I am waiting...they ticked the defend all claim box but I have heard nothing since.

 

Thanks

[hedgey06]

Okie dokie hun, send them this - but only if you've received their actual defence as yode said above. If they've only ticked the box to say they intend to fully defend, wait until the pile of old tosh drops through the letterbox first! Then send this:

 

Cobbetts LLP,

58 Mosley Street,

Manchester,

M2 3HZ.

 

Re: Claim number xxxxxxxx

Your Ref: xxxxxxxxxxxxxxxx

 

Dear cobblers,

 

On xxxxxxxxx 2007 I received a copy of your defence in the above case.

 

You may not be aware that your client has previously offered to return some of the penalty charges applied to my current account (copy of your client’s offer letter attached). However, I am unwilling to accept any offer that does not include a full refund of all penalty charges plus the court filing fee of £xxx. Please find attached, a copy of my response to your client’s offer.

 

Should your client wish to settle this claim amicably, I am prepared at this stage to accept a full refund of all charges plus the court filing fee of £120.00. (only put this in if you're happy accepting this)

 

For your information I attach a copy of my schedule detailing the charges I am reclaiming from your client.

 

Yours sincerely

Choco

 

Copy of everything to the court as well hun. Don't worry, you're going to be absolutely fine. xxxxxxx

[choco]

ok guys well I received a full defence yesterday along with a request for further info, from what i've read on here it dont seem like anyone else has had this ( I could be wrong please let me know if I am!!)

Basically I messed up I forgot to include the schedule of charges, is that me done for now?? Not only that their 6 page defence says I have to plead & prove that the charges were unfair and also in their request for further info and clarification it also says where I have quoted the different acts etc I have to specify all of the facts and identify the sections of the unfair contracts terms etc!! PLEASE HELP GUYS

[choco]

Hi Choco

 

I have been reading your thread and just wondered whether you had received a letter from Cobblers saying that they were going to defend or just the acknowledgement with the defend all claim ticked in the box?

 

I am waiting...they ticked the defend all claim box but I have heard nothing since.

 

Thanks

 

yes got that first, they've now escalated... (see above)

[Parkvale]

DON'T PANIC. All you have to do is send Cobblers and the court a copy of your charge spread sheet el pronto. The defence is completely normal. You must get those charge spreadsheets away. Then just sit back and wait for the court to direct you. Which should be an AQ. So start looking at your next step. Good luck.http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

[choco]

DON'T PANIC. All you have to do is send Cobblers and the court a copy of your charge spread sheet el pronto. The defence is completely normal. You must get those charge spreadsheets away. Then just sit back and wait for the court to direct you. Which should be an AQ. So start looking at your next step. Good luck.http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

phew ok babe, BUT what about this:

 

3 In your claim you state that the charges are: "unenforceable by virtue of the Unfair Terms in Consumer Contracts regulations 1999 etc etc.

 

4 Please specify all of the facts relied on by the Claimant in support of the contentions in para 3 above and in particular please identify (a) the sections of the Unfair Contract terms act (b) the regulations of the Unfair Contract terms in Consumer Relations and © the principles of common law relied upon by thr Claimant in alleging that the contractual provion(s) referred to are unenforceable.

 

Because to me that looks as thought they're asking me to go and look up these terms and basically re-state them??

[Parkvale]

You don't need to answer these now. This is a standard Cobbetts defence. They have never defended one claim in a court concerning these charges. So just relax and wait for the court to direct you not Cobbetts. Good luck.

[choco]

You don't need to answer these now. This is a standard Cobbetts defence. They have never defended one claim in a court concerning these charges. So just relax and wait for the court to direct you not Cobbetts. Good luck.

 

ok but it says i havent signed a statement of truth form? whats that???

 

so i dont need to proove no consumer acts to them by the 3 July then, just send back the charges to them by the 3rd? Do i send the charges to them or to the court??? Oh i'm so confused i'm getting really flustered now, are you saying this letter i've got from Cobbetts is a standard letter they send to everyone??

[Parkvale]

Statement of Truth

 

 

This must be added to the end of a statement of case, (e.g. particulars of claim or defence etc.) and any application notice not supported by a separate statement and any witness statement.

The statement must be signed by you.

The statement of truth should use the following words when used at the end of a statement of case or application notice:

"I believe that the facts stated in this (name the document and the date of the document) are true."

The statement of truth at the end of a witness statement should say: "I believe that the facts stated in this witness statement are true."

Charges to them and the court. Send with statement of truth.

[choco]

Thanx so much honey. I feel a bit better now

[choco]

Hi All, I know I havent been on here for a while but I've been waiting to hear from the bank. So after weeks of not hearing anything I called them on Monday and asked them wat was happening. the lady I spoke to said I should've been sent an AQ, but the person that sent out all the paperwork to me last time is a trainee and she clearly forgot!!! Anyway she sent it out to me, I've filled it in and included my remittence, a few of the letters requesting my money back, as I stated in the other information section that I tried to settle amicably etc, so i'm sending that as evidence; and draft directions for a basic disclosure - please let me know if I've done something wrong!!!

[choco]

Hi All, I know I havent been on here for a while but I've been waiting to hear from the bank. So after weeks of not hearing anything I called them on Monday and asked them wat was happening. the lady I spoke to said I should've been sent an AQ, but the person that sent out all the paperwork to me last time is a trainee and she clearly forgot!!! Anyway she sent it out to me, I've filled it in and included my remittence, a few of the letters requesting my money back, as I stated in the other information section that I tried to settle amicably etc, so i'm sending that as evidence; and draft directions for a basic disclosure - please let me know if I've done something wrong!!!

 

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