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Skylario v Natwest


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Amount Claimed County Court Fee Moneyclaim Online Fee

up to £300 £30 CC £20 MCOL

up to £500 £50 CC £50 MCOL

up to £1,000 £80 CC £80 MCOL

up to £5,000 £120 CC £110 MCOL

 

add your charges and interest together to give you total. Good luck

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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I've filled out the N1 and attached my amended schedule of charges, duplicated it and handed it in to my local court this afternoon. I was sooo scared of going to the court and I don't know why because the lady was lovely! She's warned me that claiming from the banks isn't as easy as the media is making out. They obviously aren't familiar with the CAGGERS!!

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They obviously aren't familiar with the CAGGERS!!
They will be now!!

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Onwards and upwards now. ;)

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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I've just realised I made a boo boo on my N1 and I'm really worried now that this is going to cause a big problem for me...

 

I meant to tick the NO box after I printed my N1 off on the Human Rights bit...

 

I didn't tick any box. It's just come to me that I didn't do it...?!

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Don't worry about it. If the court or Cobbetts are bothered about it. They will let you know.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Thank you. I know they'll look for any excuse to put a spanner in the works so I'm worrying a tad too much.

 

Back to ticking the days off the calendar now then.

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Stop worrying and take a chill pill. :)

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Quick update.

 

Received Acknowledgment of service today with Natwest saying they are going to defend - and there I was thinking they wouldn't acknowledge!!

 

What happens next... Am I right in thinking that they have 28 days now from the date of service.? But what do they have to do in that time limit? What am I waiting for now?

 

Thanks x

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Hi skylario................ that dancing cat cheers me up every time I see it!! :D

 

Basically, it's just a case of waiting for cobbetts standard drivel........... sorry defence to plop through the letterbox saying something along the lines of your particulars of claim do not disclose reasonable grounds for reclaiming charges from their wonderful client, etc, etc.... :rolleyes:

 

No worries............ chill out for another couple of weeks - then the fun starts properly!!! xxx ;)

Can't find what you're looking for? Please have a look at Michael Browne's

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Keep dancin' hun.................. it'll keep you happy - that'll help you giggle at their 'defence' when it arrives!! xx ;)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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  • 2 weeks later...

Hi all

 

I'm currently waiting for Natwest to defend (they've said they're going to). They've got 2 weeks left to do so. I want to phone someone to check on the progress of my claim. I'm only claiming for just over £1000 so I'm suprised it's got this far already. I want to give them a chance to settle before court but I dont know if this will look unfavourably on my part..?

 

What does everyone else think? Does it go against me to phone? and do I phone Natwest or Cobbetts now..?

 

Thanks in advance!

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At this stage, you'd phone cobbetts. However, they're unlikely to settle (judging from past threads) before the AQ stage.

 

Wait for them to defend and take it from there. ;)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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RIGHT!

 

Received Natwests defence this morning - a whole week before the deadline!

 

Is this standard? Getting a bit worried and need some reassurance. Specially worried about the six years thingy....

 

1 The defence is filed and served without prejudice to the defendant's 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 Without prejudice to the foregoing paragraph, if and to the extent that the claimant proves the allegation that the Defendant debited charges to the claimants bank account, insofar as such charges were debited on a date or dates more than six years prior to the issue of the 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 defendant will apply to strike out this aspect of the claim and/or for summary judgement.

 

3 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.

 

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

 

....

 

I wont put it all down but if this ISN'T standard then I will. Is the same ordinary drivel or should I be worried? There are only 2 charges that fall out of the 2 years but I didn't think that mattered anymore anyway.?

 

If this is drivel then what happens next? Wait for the court? What timescales are involved now?

 

Thanks

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Skylario

 

Looks pretty standard to me. For what to do next, see hedgey's thread linked from my signature

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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You got the exact same defence that I got skylario.........!!! ;)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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Thats good then.

 

I received the AQ this morning so I'm going to tackle that now. I phoned Natwest last week to see what they'd say and they told me they would be ready to offer me something on Tuesday 24th... Do they know it's going to court? :p

 

I think I'll fill out the the AQ and contact Cobbetts on Monday to see if they want to settle before I send it off...?

 

It's all happening now!

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Hedgey's sticky linked from my signature gives all the lowdown on filling in the AQ including a request to have Cobbetts defence struck out for taking the p***.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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I've won!.... kind of...

 

I phoned Cobbetts on Friday and told them I was now ready to despatch my AQ and that I was giving it one last chance at settling before court. (I had heard of someone else doing this...) The very nice lady said she couldn't do anything over the phone and that I should fax a figure that I would be happy with and she would then consult her 'client'. I emailed her Friday and then chased it up today. Today I was told that Natwest would be very happy to settle with that figure and I should get the cheque within 14 days!

 

This is great news but I cant but help being doubtful... 14 days seems longer than what most of us wait and it just so happens that my AQ is due in 14 days.

 

I will still go ahead with the court claim though until I have the cheque cleared.

 

It's mine and my daughters birthday in a few weeks so this is going to be a treat!

 

Hopefully this is the last bit of waiting I have to do now!

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Fingers crossed they pay up in full for you................ but make sure you submit the AQ and draft order for directions anyway - just in case (not that I don't trust cobbetts or anything!!!!) ;)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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