Wingnutta vs NatWest**WON**

[wingnutta]

Phew :o .. thanku fendy for the good advice (not forgetting all others who have helped me). I must admit, panic has set in a bit but having the support of evryone on this site as many others will agree is a huge plus and sure does beat those panic blues!

I will sit tight and wait. I am going away for the weekend so cant do anything then anyway. Will let you know as soon as i have a reply from cobblers - i like that name for them!!

ps - according to notice of issue, claim issued on 10th May, deemed served on 15th and they must reply by 29th May.. Fingers, legs, hairs all crossed.

[fendyweather]

Chances are they will defend, as they always say they will, but they will file defence at the very last second, typical................... and they will send you a copy of defence (ignore it), wait till you get copy of defence from court, with any directions on there of what to do next, then pop back and post again. Enjoy your weekend away and forget about the Cobblers................... theyre not worth one jot of anything in your mind this weekend. Leave them to stew on the claim. Lol xxxx Take Care. Enjoy. Sincerely. Fendy xxxx

[wingnutta]

ok, update - i have still yet to receive a response to my court claim. The date they must reply by according to the court is the 29th. So does that mean if i dont get anything through the post on tuesday that i win by default or is it as long as they have FILED a defence by tues??? As usual all help greatly appreciated.

[hedgey06]

Hi wingnutta,

 

You'll probably find that they'll get their defence in just in time, but you won't know about it at first. Give the court a ring on Wednesday to see if anything's been filed - and probs give them an extra couple of days on top of that as well. Even if you don't receive anything in the post on Tuesday - it doesn't mean they haven't filed. Don't apply for judgement too soon as cobblers will more than likely apply for a stay to have the judgement lifted and give themselves even more time to put their defence in - and this'll just drag it on even longer for you. Best of luck - xxx

[wingnutta]

ok, update. I phoned the court today as i still have not heard anything from cobblers . According to my notice of issue, they had till the 29th to file a defence/stay etc. Now the very nice bloke on the other end said they nowh ave filed a stay giving them an extra 14 days. ok not totally unexpected, however he said it was filed yesterday which was the 30th. This is outside the period set by the court so how is this possible??? If it wasnt for hedgys advice i might have filed for judgement yesterday and then it would have got very confusing. Just seems to me that cobblers are really taking the mickey out of us.. Makes me mad! Guess i just have to sit tight now till the 12th.

[Parkvale]

Unfortunately Cobblers are paid by Nat West to take each case to its legal conclusion. So hence all these delaying tactics. Think about all the people that do not use sites like this that throw the towel in, because of all the obsticles Cobbetts throw in their way.

[steven4064]

Unfortunately Cobblers are paid by Nat West to take each case to its legal conclusion. So hence all these delaying tactics. .

 

But, of course, the fact that they are paid by the hour dosn't make any difference at all

 

Steven

 

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[wingnutta]

Just seems unfair that court says "file a defence by 29th" yet they file on 30th and its ok?? Whats the point of deadlines then?? - Have not been up long after night shift so guess i am just having a whinge :o

[steven4064]

Just seems unfair that court says "file a defence by 29th" yet they file on 30th and its ok?? Whats the point of deadlines then?? - Have not been up long after night shift so guess i am just having a whinge :o

 

It's even worse than that. If they don't file a defence at all and you apply for judgement they are quite likely to then apply for a stay!

 

We need a courageous judge who will tell them to abide by the rules or else...

 

Steven

 

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[wingnutta]

 

We need a courageous judge who will tell them to abide by the rules or else...

 

 

Hear Hear

[wingnutta]

ok, i got my notice of intention to defend from the court and boy does it bug me. They filled paperwork in on the 29th and it was definately filed on the 30th, the day after the deadline given by the court. Is there anyway i can use this against them.. i am really furious about this. Is it worth writing a letter to cobblers or is it best to leave it till the 12th which is their last day. I really want to give them a piece of my mind. I know this has prob been done to others, so was wondering what you have done???

[fendyweather]

Basically, theres nothing you can do...........just wait till the 12th. Even if you wrote to them to whinge about their tactics, not much you can do Im afraid.................. they b*ggered me about something chronic, and I just sent a letter to the judge basically telling them about the continued Abuse of the court process by Cobblers, but in your case its a bit early yet. NVM, you will get whats yours, its just case of waiting now.......... dont worry, chill and use the time to swot up........... lol xxxx

[wingnutta]

ok, another update. Today i received two large A4 packets in the post from Natwest. One was dated the 29th May and was what seems to be the standard "Our charges are fair" blah blah blah but we will offer you £983!! as a goodwill gesture. Bit late now but at the time that was only £200 off my claim so i may have taken it. Not now though . In the second letter was the same standard stuff but it only offered me £109!!! and it was dated the 1st June which is two days later. Have no idea what is going through their head but hey. Question is, what do i do with them??.. Do i ring cobblers and tell them what they have sent or just stay quiet till the 12th which is deadline for cobblers on extension to court issue???... All help as always greatly appreciated.

[steven4064]

I refer you to post #37

 

Steven

 

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Any opinions are without prejudice & without liability.

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

[wingnutta]

ok, today is final day for bank to file defence with courts, i however have a small problem. I go away tomorro for 7 days very early.??.. If i wait to do anything like apply judgement etc till i come back - does it go against me???.. I have got this far, i dont want to do anything silly that might harm my chances??

[wingnutta]

.. i have also read that if they have not filed anything by end of today (today is the 28th day since they were served with claim (15th May), then i am to start a judgement straight away tomorro??.. Now i can do this online through MCOL, will just have to be from cyprus... but is this the correct thing to do??

[steven4064]

It won't mattter. In fact it is better to leave it a few days to make sure whether the bank has actually filed or not. Cobbetts make a habit of being late and our court at least is two weeks behind opening the mail. It is almost certain that they will file a defence.

 

Steven

 

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[wingnutta]

ok, just got back from holiday and have a letter from cobbetts. It is the same old CPR 18 request - lack of information etc... absolute rubbish as i along with many others have followed the advice from this site and sent them everything they need. Have seen the cracking letter to send to the court in the sticky part. My question is this though - they dated their letter on the 12th, i presume i got it on the 13th - now that was a week ago - if i send the letter off tomorro, will it make a difference???...By leaving this week timeframe of no response from me, have i made an error?? Should i just send the letter off anyway?? I gather i dont need to send cobbetts copies of my POC/claims again???

I thought they might stop using that CPR 18 request from what i have read on here but i guess not!

[steven4064]

The wwk won't make any difference. You don't need to do anyting until you hear from the court and they will almost certainly give you 2 weeks to reply.

I thought they might stop using that CPR 18 request

You'd think, wouldn't you!!

 

Steven

 

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[wingnutta]

sorry to be a pain, but do i send the sticky letter by ed1237 to the courts and to cobbets per cpr18 request or just not bother. I am really annoyed at natwest and i want them along with the courts to know it. If its a bad idea then i wont but boy am i even more determined now!!!

[steven4064]

sorry to be a pain, but do i send the sticky letter by ed1237 to the courts and to cobbets per cpr18 request or just not bother. I

Completely up to you. You don't need to send anyhting although it is recomemended that you send Cobbetts a copy of yourscedule as NaWest don't seem to send them anything

 

Steven

 

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[wingnutta]

ok peeps, i have a major problem me thinks now!. In my infinite wisdom, when i printed out my schedule of charges, i sent one to natwest and one to the court. I however did not keep a copy for myself as it was on my pc. what i forgot to realise though is that the date changes on the spreadsheet and therefore changes al the interest figures!. I have tried changing the dates back but the figures now do not match up and i now have noticed a mistake with one date. I am unsure if this mistake was made after i sent them off (in which case not a problem with figures) or whether this mistake was there from the beginning. I therefore need to see a copy of the originals i sent. The paperwok has been transferred from northampton court to hitchin, and they say to write in and the judge will see if the paperwork can be released. This i dont want to do as i feel it comes across as very silly! How can i sort this out??? I was going to send cobbets a copy (even though they should have one) and the letter by ed! Now i cant do that as i dont have copies myself - i will need these for court anyway!! - i have been such an idiot!!!

I still have an offer from batwest for £983, should/CAN i just send that off and cut my losses - i am now thinkin that 983 is better than nothing (claim with fees is 1500).. please advise!!!.. i am now officially bricking it!!!!

[Michael Browne]

I have tried changing the dates back but the figures now do not match up

Click on the time in your taskbar and change the date to the date yopu filed. OPen the s/s and print off. Reset date.

 

When you say the figures don't match presumably you mean the 8% interest, since the charges remain the same. If they still don't match reset the date + or - a day depending on whether the interest needs to be more or less. Hope that helps.

 

The paperwok has been transferred from northampton court to hitchin,

Judge Field at Hitchin invariably issues a direction to resubmit fuller POC's, for some reason doesn't like MCOL POC's

[wingnutta]

thanks for the reply, i did exactly that yesterday, it worked fine for one account no problems, but when i did it for the one that i think has the mistake it did not tally up to the figure i sent them. The mistake was a date for which a charge was made, hence it would screw up the amounts. I have messed about with it but i just cannot get it right. I went over the original so many times i thought i would have spotted it if it was there. So there is no chance of getting a copy of the originals i sent then before it goes to court???? Should i make an amendment to the claim with what i know now???? - i just really dont know what to do next???

[wingnutta]

UPDATE!!!! - Success - well to a degree anyway, i have got the figures to tally up and there is a mistake .. so the totals that i have filed with are wrong!.. Its only a matter of £2 in their favour but i guess they can manipulate that mistake... question is - what do i do now????.. am i staring down the barrel of a cobbetts loaded gun????