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BATHGATE -V- natwest


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Hi there everyone. I have been reading everyone's threads and Oh my god i was shocked at how standard the responses and procedures all seem to be and yet how different everyones claim is. Anyway although i am quite into my claim now i thought i would start a thread as i think i have quite a big claim going and i want to share it with you all.

 

Back in August i put in my first letter for my first claim to Natwest for my single step account. My claim was for £600. (Approx) Natwest wrote back and said we are not paying full amount but as a gesture of goodwill have this offer of two hundred and something. I said no only as a part payment and that i wanted the full amount. They wrote back and said no we have passed it onto our customer relations. I issued a Court claim including my 8% interest and they paid out the full amount plus interest within 7 days. I have to say i was impressed with their service ha ha

 

At the end of November i claimed back the charge for my Ad Gold account. Over a 6 year period i asked for approx £6,500. Needless to say Natwest wrote back laughing however they did offer a settlement of £1,250. I wrote back the same letter saying ha ha i'll accept the payment as a one off but apart from that i want the rest of my money. They wrote back saying no and that \they were passing my complaint onto their customer relations dept. I received a couple of letters from natwest customer relations dept saying they were sorry they could not deal with my complaint now but please bear with them. What a laugh that was this was into January now and they had already had longer than they should have.

 

On the 13th January i issued proceedings and to my total claim is now in excess of £8,000! I issued proceedings corbetts have got invoplved they have put in their standard defence and request for further information and i have to say it is laughable how standard their response is. They give everyone the same one liner. And there was me thinking i was special. Ha Ha. I replied to Corbetts no doubt not with the answer they were looking for. I even phoned them and gave them one last chance for us to settle this matter before i filed my AQ and wasted even more of my time and the COurts time and their time and money........ Corbetts were very professional i have to say they eventually dragged my ressponse out of the post pile apparently and to cut a very short conversation short she told me to go ahead and file my AQ. So i did.

 

I have now been told by the Judge and it has been ordered that disclosure has to be made by the 11th April. Iam correct i believe in thinking that Corbetts have or disclose their clients fees? Isn't this all that i asked in my very first letter back in November? He has given various other dates to get applications in if you are relying on witnesses. Also whereas i requested an hour trial time and Corbetts requested 1/2 a day the Judge has ordered not only that it be fasttracked but that he wants a days trial and its to happen over a possible date in July. Wow.

 

Anyone got any thoughts on this? Anyone been at this late stage in the game? I'm currently gathering a Court bundle together.

 

Your thoughts and comments would be much appreciated........

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Wow! Haven't heard of a judge saying he wants a day for the trial. Sounds as if he thinks it is going to happen! Hopefully it won't but hope more expert people here can help :(

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Thanks pula for your comments. Hopefully someone somewhere will no whats going on. Ha Ha. I have had ten years legal experience so Corbetts picked on the wrongt person for their legal jargon ha ha. As for the judge requesting a days trial i think he's using his own tactics into frightening Natwest. At the end of the day it could cost Natwest alot of money to pay someone a days wages to stand in Court and defend them..........however i'm hoping that it won't go past 11th April............

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Can you post a copy of the order please.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Here's a copy of the order forgive any typing errors and i have abbreviated if poss as the order is quite a long one.....

 

It is ordered that:-

 

1) The claim is allocated to the Fastrack.

 

2) Disclosure of documents shall be dealt with as follows:-

a) The parties shall give to each other standard disclosure of documents by serving copies together with a disclosure statement by 4pm on Wednesday 11th April 2007.

b) Any request to inspect the original of a copy document shall be made by 4pm on Wednesday 18th April 2007 and any such request shall be complied with within seven days of receipt of teh request.

 

3) Each party shall serve on each other party the witness statements of all witnesses of fact on whom the party intends to rely by 4pm on Wednesday 23rd May 2007.

 

4) Neither party has permission to call or rely on expert evidence.

 

5) Completed pre-trial check lists shall be sent to the Court by 4pm on Wednesday 13th June 2007.

 

6) The Claim shall be listed for trial during the trial window from Monday 9th July 2007 to Friday 27th July 2007 inclusive with a time estimate of one day.

 

7) The Parties shall serve on each other copies of all legal authorities upon which they rely at least 14 days prior to trial and do lodge copies with the trial bundle.

 

8) Because this order has been made by the court without considering representations from the parties the parties have the right to apply to have the order set aside varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.

 

Well there it is a copy of the order. Any thoughts? I am frantically preparing a court bundle. There are so many statements to copy and i don't have easy access to a copier! How frustrating.........

 

Does anyone know how i can move my thread to the natwest forum please.

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Really interested in the responses you get. Sure an expert will post fairly soon. Don't know if the thread on the alternative allocation questionnaire will help you - post 4 onwards. It doesn't seem to fit in with the wording of your order exactly but perhaps it means the same thing.

I'm also expecting (hoping) for an order to bring this long road to an end, but if it doesn't follow the format presented on this site then I'll be lost - hence my real interest in your case so keep us posted! Sure a mod or more experienced person than me will post you soon.

Good luck! Sure you will exhaust Cobbetts soon! They seem to send standard replies to most people so it will be very interesting to see how they will deal with this. My gut feeling is they can't (won't) disclose and will cave in. Hope so! :):):)

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I hope they will cave in soon too. The problem is i hAve to be prepared for all eventualities and i am getting my court bundle ready.

 

I would love to hear from anyone who has been in a similar position to me and i too hope that i can pass down information to anyone who has been where i was once was.

 

Your thoughts are most welcome.

 

von:)

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I have moved the thread to the Natwest forum for you.

This is a very good order I would expect a settlement from cobblers rather soon. Please make sure you stick to the deadlines outlined in the order.

 

which court made this order?

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Well there it is a copy of the order. Any thoughts? I am frantically preparing a court bundle. There are so many statements to copy and i don't have easy access to a copier! How frustrating.........

 

Hold off on the bundle for the time being, you don't need it yet - and probably never will.

 

All you need do at this stage is file and serve a disclosure list, alongside a disclosure statement - this satisfies clause 2) of the order.

 

What you need to do is list every single document of any nature which you will refer to or rely on in court. This includes correspondance between you and the bank, your statements, settled cases and statutes, any other supporting evidence, etc. You don't need to actually send the documents themselves at this stage, only list them. Use Karne's example as a guide -

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html#post479224

 

Then fill in a form N265 (most won't even apply) and sign the disclosure statement - http://www.hmcourts-service.gov.uk/courtfinder/forms/n265_1005.pdf

 

Take 3 copies of the list and of the N265. Keep one, file one at the court and serve the other on Cobbetts - ensure this is submitted by the 11th at the latest.

 

Cobbetts will have to serve you their disclosure list by the 11th as well - which is obviously highly unlikely. If they don't, give it to the end of next week, then send them this (the first letter) - SC&M court bundle non-compliance. Amend slightly to reflect the fact that its a list which they were ordered to submit, not documents.

 

If by some miricle they do submit a list, you should make an immediate request to inspect each and every document listed.

 

I would'nt start work on the witness statement just yet - its likely that Cobbetts will settle before then. If not, start work on it around the end of this month.

 

The pre-trial checklist carries a £275 (I think) fee, but again its highly unlikely that it'll get anywhere near that far.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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2) Disclosure of documents shall be dealt with as follows:-

a) The parties shall give to each other standard disclosure of documents by serving copies together with a disclosure statement by 4pm on Wednesday 11th April 2007.

Sorry, I made a mistake - you do need the actual documents. 99% of disclosure orders are by list, but if thats the exact wording of the order then it looks like you need the actual documents.

 

Follow the same as above, just submit copies of the documents + the N265, as opposed to just listing them.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hi everyone,

 

I know its been a few days so here goes.

 

Livelylad - The Court dealing with my is Colchester.

Gary - Thank you so much for your help. I have just finished typing all my statements up phew that kept me quiet my husband was well chuffed ha ha. I think i'll be quiet upset now if i do get a cheque through from Cobbetts. Ha Ha

 

I'll keep you all updated but i plan on lodging everything on Tuesday with a cut off date of Wednesday.

 

So far obviously no word from the Solicitors and certainly no cheque!!!

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I think i'll be quiet upset now if i do get a cheque through from Cobbetts. Ha Ha

 

And on that note, remember to tot up all your hours spent on the case at £9.25 per hour, and keep any receipts for paper, ink, other stationary, etc. Costs are allowed in the Fast Track, so you'll be able to claim it all back when they settle.

 

Have you remembered the disclosure statement?

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hi everyone,

 

Just to update you quickly i am just about to leave to post (by recorded delievery) my disclosure bundle to Cobbetts and oh boy what a bundle (it'll cost a small fortune no doubt) and also deliver by hand my other bundle to the Court. Cobbetts have until 4pm tomorrow to disclose or pay up and as i am typing this i have still not received todays post so you never no!

 

I'll keep you all posted!

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Brilliant response Gary. Von they will pay no problem. They no you mean business. 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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Crikey, Ive been reading up on this long one because mines gonna be fast track too. 11.7K plus interest, total 15.7K with court costs to go on top, so Im dying to know how this turns out. I have to say, I really admire your oomph on this, not daunted, not frightened, just cracking onto next stage and so on. Flippin well done, its official, Im now a fan, and will be watching this thread like a hawk.............. Brilliant, and well done for being so brave and undaunted. It will pay off in the end. All the very very very very best to you. Youve earned this back. Fendy xxxx

NATWEST BANK CLAIM - £16,100.00 WON

ABBEY BANK - £5500.00 WON

CAPITAL ONE VISA - £1800.00 WON

HUBBYS CAPITAL ONE VISA £2012.00 WON

TOTAL WON TO DATE: £25,400

*************************************************:D :D

NATWEST BANK -CLAIM 2 PRE 6 YEARS- ONGOING

ABBEY BANK -CLAIM 2 PRE 6 YEARS - ONGOING

YORKSHIRE BANK - AT SAR STATUS

HALIFAX CREDIT CARD - AT SAR STATUS

PLENTY MORE TO START LATER.

STRENGTH IS SOMETHING YOU CHOOSE IN LIFE, ITS A CONSCIOUS CHOICE YOU MAKE, YOU ARE NOT BORN WITH IT. YOU LEARN IT.:D :D

 

STRENGTH, YOURE NOT BORN WITH IT, YOU LEARN IT :confused:DUE TO WHAT LIFE DOES TO YOU. :)

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I'll keep you all posted!

Yes, please do.:)

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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I'm very interested to see what happens to you as I too have submitted my Court bundle to cobbetts and to the Court. That was at the end of March and Cobbetts have until end of April to submit theirs. Haven't heard anything as yet. Court date is in May. Just wondered whether it was worth phoning them to see what they were doing. Have you?

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How stupid are Nat West. They must be paying cobblers out thousands of pounds for what ? Nat West are ripping people off for thousands of pounds. Urr it doesn't take much working out where alot of this money is going. Nat West have not defended ONE case in a court room, because they would have to dislose their true charges.

They would prefer to keep honest , loyal customers hanging on and on to the very end. What a pair of companies Nat West AND COBBLERS ARE. Both living on a seemingly endless gravy train.:mad: Apologies von,for my speech on your thread, but it makes me so angry how they are carrying on. I wish you and anjipl the best of 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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Hi Everyone!

 

Well i'm back and i've had todays post but guess what.........no cheque.......i've lodged my bundle with the court and i've posted my bundle to cobbetts recorded of course.....as we know what they are like for accidently loosing things.........

 

Answering ajdipl yes i have been tempted to call cobbetts and ask what they are doing but i don't want to appear desperate....maybe tomorrow i might call them if there is no cheque and remind them that unless they can courier asap then they have ran out of time........

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URGENT HELP PLEASE PLEASE PLEASE!

Today was d day for disclosure statements and lists to be served upon each other and the Court.

Well its quite simply and i guess no surprise to some......I have done all i can and complied with the court order. Cobbetts however have not served on me anything whatsover nor have they sent me my money!

Should i phone Cobbetts and ask them what they are playing at and why have they not complied with a County Court Order

Should i phone the County Court and ask them their advice and have they received something i have not?

I'm getting really peeeeeeedddddd off now i'm a woman on the edge!!!!!!!

Thoughts please people!!!!!

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If you have complied with all that the court has asked you. Then you have nothing to worry about. Cobbetts have done this before. I wouldn't contact Cobblers.Try a letter to the court, http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-sc-m-court-bundle.html#post485266. It might be worth phoning the court. You are so very close 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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As I posted above, send the first of these letters, to Cobbetts and with a copy to the court - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-sc-m-court-bundle.html

 

The court will not really be that interested at this stage - its only today that clause 1 had to be complied with.

 

If they still haven't complied by the time you've filed your witness statement, then you should send the second letter to the court which requests a strike out. At this point Cobbetts will have then breached 2 clauses of the order - so the court will be much more inclined to issue a punitive order.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Gary not taking anything away from you. Thought it would be spot on for von.

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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Call me mad or organised i'm not sure which but in with my disclosure bundle was a witness statement. I think i just cut to the chase. Hope that was ok and i take on board what you are saying. I feel a little hard done by i have to say in that if i don't comply with an order i would be penalised from the outset!

 

Thank you for your kind help!

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