what do you think? kmcaloon vs natwest

[kmcaloon]

hi i am currently at my court stage of my claim, basically Natwest acknowledged it 21 days ok so only 7 left till i can win by default and ask for judgement. Howevwr last week they offered me a sum which i declined and then yesterday they offered me another which was for the full ammount prior to it going to court which is like 655.66 do you think i should just except this and get it done with or wait another 7 days and pass judgement which will basically if i get it ammount to the sum of 860 i think?? did anyone else win by default? how long does the process take afterwards to get your money etc and did you have to send in the heavies?

 

cheers

kyle

[laura_d]

Presuming you have incurred further costs by taking it to the court stage, I would be inclined to either:

 

i) accept their offer as part payment requesting the remaining amount to cover your subsequent expenses;

 

ii) reject offer on basis that this does not cover your additional costs and advise that you will continue with court proceedings until an offer is made, in full, including any additional costs you have incurred.

 

Hope this helps.

[kmcaloon]

yeh well the only other costs i incurred are the 80 pound fees for the court issue... but not it has gone to court i am also entitled to 130 in statutatory interest. so basically i can get another 210, but i am quite happy to get the 655.66 as it is money i thought i was never getting anyway. i was just wondering if anyone has go ne down the whole winning by default route how long it takes to get your cash in the end

[MrBump]

I'd agree with Laura D - it's almost certain that they will pay the costs in the end (probably just before your court date). You may well find that you don't win by default - they seem to submit a defence at the very last minute, to drag things out. It all depends how much you need the money, really. I'd hang in there.

[laura_d]

I agree with Mr. Bump!!

 

I didn't get to court stage but having read numerous posts on the forum it would seem that pretty much all get their total charges, statutory interest and court costs returned once it gets to court stage.

 

If it were me, I'd be inclined to decline their offer advising you are now expecting your court fees & statutory interest and consider it their own fault for dragging the process out in the first place!

 

Good luck with whatever you decide to do!

[kmcaloon]

cheers guys even though i am absolutely skint at moment i think i may stick it out..... afterall on plus side my student loan comes through in about another week or so so just one more week with no money and the extra 200 most come in very useful in a month or two

[fendyweather]

For what its worth, I would stick it out to the bitter end. but tis only my opinion.............. So long as you are confident your calculations are all correct, and youve followed everything to the letter, then I would hold out for more........... but it really all depends, like Mr. Bump said above, how quickly you need the money because believe me this can take a few months, what with bank claims stacking up like Jenga at the minute. From court issue of claim to settlement you could be looking at four months. So its a long haul, but worth it in the end. You will win, its just a case of how badly and quickly do you need the spondoolies. All the best. Fendy xxxx