nat west address???

[sproggit]

just checked MCOL and natwest have acknowledged -what happens now, do i need to do anythig? thanks

[Michael Browne]

Claim Timetable:

Your claim will generally be deemed served 5 days after filing . The deemed date of service will be on the Notice of Issue sent to you by the court.

 

The bank will have 14 days from the deemed date of service to acknowledge. If they do, a Notice of Acknowledgement will be sent to you

 

The bank will then have an additional 14 days in which to file a defence, ie a total of 28 days from the deemed date of service.

 

Once the bank has filed a defence, your claim will be transferred to your local court who will send you a copy of their defence and an Allocation Questionnaire which you fill in and return within 14 days.

[sproggit]

thanks michael - its just that i think i know what i am doing and just want to make sure that i know where i m going - thanks again

[sproggit]

had notice of acknowledgement and - you guessed it - they intend to defend, so back to waiting for their response i suppose:( on another issue my daughter is now on a mission to reclaim bank charges from various banks from 1995 - 2000 now that shoud be interesting!

[sproggit]

latest update - we have today received a letter from natwest offering us £1035, which is about £85 more than last time - I don't think so nat west, the answer is NO DEAL another very polite refusal on the way - they had their chance even before we issued MCOL!

[hedgey06]

Hey sproggit............. go for it mate!!!! It's your cash - not theirs........ cheeky beggars!!! Good luck, hedgey xxx

[Parkvale]

Back to http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

[sproggit]

Update - sent 2nd rejection letter to natwest last friday (20th april) apart from the two offers from natwest and an acknowledgement from cobbets on 10th april haven't heard a thing, no allocation questionaire, no defence - absolutely nothing. They have until tomorrow though to file a defence so i suppose we should still wait and see what happens. If a defence is not filed by tomorrow should i just go ahead and file a judgement against them on wednesday on MCOL?

[Deller]

Rest assured they will get their defence in at the last minute, don't be too hasty with regards to entering judgement. If you do and the defence is submitted they may apply for a set aside which could delay the whole process even further. i would leave it a couple of days after the deadline before even considering entering judgement.

[sproggit]

thanks Deller - its daughter in laws claim and she was all set for pressing the judgement button - will slap her wrists firmly and do as you advise - as we are away over the weekend think we will wait until next tuesday (31st) if you think thats not too long, or, on a different post was reading that it is advisable to write and give them another week to defend - confused now - what should we do?

[Deller]

From personal experience I think you'll find that they get their defence in at the final hour, or maybe even a day late, the court seem to allow this which is why it's not advisable to hit that judgement button too hastily. With regards to offering them a further week I cant see how this will help your cause, they are quite aware of the deadlines and don't feel as though they should be given that extra privilage......do you think they'd do the same if the roles were reversed.......I think not!!!!

[sproggit]

Can someone please clarify something for me -i have just been reading thread from DP37 and am now totally confused!

 

Notice of issue for our claim was deemed to have been served on 28th March - which means that nat west had 14 days to acknowledge, which they did.

 

we have received a notice of acknowledgement dated 10th april in which cobbets say they are going to defend - so does this mean that cobbets have 14 days from 10th april to defend or 28 days from 10th april?

[Michael Browne]

28 days from the original deemd date of service. I make that tomorrow.

[sproggit]

thank you michael and everyone else who had given me advice - dont know what i would have done without you all.

[sproggit]

we have today received a copy of defence from cobbets (**** was keeping fingers crossed that they wouldnt as this is the last day they had to file) they havent asked for any further information or sent cpr18 or anything else. I think its the usual defence they send out as standard! Anyway - do i need to do anything - ie send them a full version of POC,copies of statements and schedule of charges with copies to the court as i have seen on another thread that it is adviseable to do this.

[Michael Browne]

Just the SoC is all that's necessary

[sproggit]

Just realised - we have never actually sent copies of statements to anyone - just a schedule of charges (stupid me!) would it be a good idea to send copies of bank statements with schedule of charges to cobbets?

[Michael Browne]

No, no need

[sproggit]

ok, i have been reading every defence i could find on here but i there are a few things different in mine to the ones that i have read so i will copy it here in the hope that some kind, wonderful person will have a glance over it and reassure me that i havent made some dreadful mistake in my POC and lose my case:???: here goes,

 

1 the defence is filed and served without prejudice to the defendants case that the particulars of claim do not disclose reasonable grounds for bringing a claim against the defendant to recover the bank charges (and interest thereon) referred to in the particulars of claim or any other sum(s). In the event that the claim is not properly particularised then the defendant will apply to strike out the claim and/or for summary judgement in respect of the same.

 

2 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 opportunity to properly particularise the claim.

 

3 in relation to the allegation that the bank charges amount to an unenforceable penalty the defendant pleads as follows:

 

3.1 In order for the claimant to sustain a claim that the charges debited by the defendant are in the nature of a penalty the claimant will need to plead and prove (a)the clause(s) pursuant to which the charges were applied; (b)that the charges were applied due to a breach of contract by the claimant; and © identifying in each case the particular breach of contract (by reference to appropriate term(s) of the contract that the charge related to. As presently pleaded the claim does not plead these matters and therefore does not disclose reasonable grounds for bringing a claim that all or any of the charges referred to in the particulars of claim have been applied pursuant to an unenforceable penalty clause.

 

3.2 Until such time as the claimant pleads the matters referred to in paragraph 3.1 above the defendant is unable to plead to the claim brought against it and therefore (pending provision of full and proper particulars of the claim) at this stage denies that any charges have been applied to the claimants bank account pursuant to unenforceable penalty clauses.

 

4 In relation to the allegation that the contractual provisions pursuaant to which the charges have been applied are invalid pursuant to the unfair terms in consumer contracts regulations 1999 ("the regulations").

 

4.1 the claimant is required to identify the contractual provision(s) that the claimant alleges are invalid by reference to the regulations. Until such time as these provisions are identified the defendant cannot (save as appears below) plead to the allegation referred to in paragraph 4 above. The defendant therefore reserves its right to plead further to the allegation once (and if) the claimant identifies the relevant contractual provisions.

 

4.2 In relation to the case o the claimant that the contractual provisions are invalid pursuant to the regulations the defendant pleads as follows:

 

4.2.1 Schedule 2 to the regulations is an indicitive and nonexhaustive list of terms which may be regarded as unfair (emphasis supplied).

 

4.2.2 If the claimant is to rely upon paragraph 1(e) of schedule 2 to the regulations then the claimant is required to plead and prove in relation to each bank charge that is sought the matters referred to in paragraph 4.1 above and all facts and matters relied upon in alleging that the sums paid are disproportionately high.

 

4.2.3 In the circumstances no grounds are disclosed for a claim that the contractual provisions (whatever they are alleged to be - see paragraph 4.1 above) falls foul of the regulations and inparticular paragraph 1(e) of schedule 2.

 

4.2.4 The defendant is therefore unable (save as appears below) to plead to this allegation beyond denying that any bank charges have been applied pursuant to terms which contravene the regulations. The defendant reserves its right to plead further to this allegation once (and if) the particulars referred to in paragraph 4.2.2 above are provided.

 

4.2.5 Without prejudice to paragraph 4.2.4 it is the case of the defendant that the regulations have no application because the charges amount to payment for services provided by the defendant and the adequacy (or otherwise) of consideration paid under a contract for services is not an issue to be judged by reference to principles of fairness under the regulations.

 

5 Save as hereinbefore appears the defendant joins issue with the claimant on the claim(s) and denies that it is liable to the claimant as alleged or at all.

 

 

Thats it folks in its entirety - signed by lynsey clare burgoyne

[sproggit]

can someone please look at the above defence from cobbetts - pretty please:D

[Michael Browne]

Seems perfectly standard to me. Nothing to worry about.

[sproggit]

Michael - just want to say thank you for your help - sorry i haven't got back sooner but i have been away for the weekend

[sproggit]

ok here is the latest - received a letter from nat west yesterday (thursday) making yet another offer of £935 which is less than the last offer! Today (fri) we have received a copy of defence from the courts which says:-

 

A defence to this claim has been filed.

 

The claim has been transferred to the court covering the area where the defendant lives or carries on business. (where it says 'defendant' someone has crossed it out and written above 'claimant')

 

Please read the accompanying documents and note that the allocation questionnaire should be returned to the newcastle upon tyne county court. (Someone has also crossed our where it says 'and note that the allocation questionnaire should be returned to the newcastle upon tyne county court')

 

Is this the normal thing from the court? Also there was no allocation questionaire attached! The other strange thing is that we live in staffordshire which is a long way from newcastle upon tyne - should we ring the court and ask that the hearing be transferred to a court in our area?

 

No CPR18 and no allocation questionnaire - think we must be getting off lightly!

[Michael Browne]

MCOL are now dispensing with the AQ, so that's standard.

 

Maybe they meant Newcastle under Lyme, but someone's geography isn't very good.

 

Ring MCOL Helpline on Tuesday.

 

You will be able to get it transferred to a court nearer you.

[sproggit]

heard from court this week we have been transferred to local court and hearing is for 24th september and we have been allocated 10 minutes for the hearing. So looks like we have nothing to do but twiddle our thumbs and wait and wait and wait. Has anyone any suggestions on whether or not to contact NatWest/cobbets and if so what to say to kick them up the backside