Hippo v NatWest

[Micky the Hippo]

yes yes, I was rather drawing the long bow, fear not

 

now writing a letter to turn down the offer for one of the accounts, pointing out I've now served a summons with stat, not to mention the CI

 

and I'm going to have a go at calling someone to try and get the pre six years statements, following a seemingly very successful call to Barclays

[Micky the Hippo]

called NW on 0845 3030 456

 

altogether kettle of fish from Barclays

 

'we only have six years, what it for? we aren't paying out charges older than six years', I pointed out that that was a matter for the courts to decide

 

'let me get something to read out to you' - 'statute of limitation says blah blah you can't claim'

 

I pointed out that I wanted the statements and what i did with them was my business, who mentioned claiming

 

she repeated that she was sure they didn't have statements to '92, I mentioned CAG, I then said the bank would have to provide a signed affadavit from the Data Protection Officer, the relief was obvious, ooh best you talk to them then, they'll know

 

they were sadly engaged but she gave me a freepost address so I'll send a SAR reminder with an affadavit request if yada yada

 

Data Protection Office

FREEPOST SC06381

RBOS plc

PO Box 1727

Edinburgh

EH12 9WZ

 

anyhow, the people answering the phone are clearly briefed to rebuff people, on to the DPO types, I think the signed affidavit is going to shift them, spec as the initial SAT deadline is as good as expired

[steven4064]

I used to have an affadavit..... but it died

 

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

[Micky the Hippo]

yes yes, very good

 

it's not a word I've used much in print until now

 

preparing my rocket to the DPO right now

[steven4064]

It's from "Ruddigore" by Gilbert and Sullivan

 

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

[Micky the Hippo]

a fresh and third set of statements arrived on Saturday for the last six years

 

joy

 

not sure which SAR it was in response to, I've now sent two for the older statements as well as a phone call, no covering letter etc etc

 

it seems a bit prompt for the last one I sent off to the Data Protection Dept in Scotland somewhere

 

summons served on the 13th, no sign of acknowledgement yet although the Barclays summons served at the same time has been acknowledged

[Micky the Hippo]

I wrote a £10 on the wrong chequebook, a old and empty Natwest account

 

It bounced and incurred a cheeky £38 charge, nice

 

umm, fifteenth day since my N1 was deemed served, on what day should I contact the court and what should I do> ask for judgement is it?

 

I appreciate NW's lot are the last minute merchants

[Micky the Hippo]

Reading round the other NW threads, I see someone saying they're allowed 33 days to acknowledge

 

is that correct?

 

Step by Step says

(7)

 

The bank will now either....

 

A) Ignore the claim completely - they can claim incompetence as the reason for not Acknowledging or defending and you win by 'default' after 14 or 28 days respectively. You will need to apply for a "Judgment in default" which you should do as soon as the time limit has expired.

 

I see the 28 working days to defend translates to 33 calendar days but what's the significance of the 14 days to acknowledge deadline? If they haven't acknowledged after 14 days, and they haven't, am I allowed to apply for judgement?

[Parkvale]

Acknowledgement of service. If the defendant intends to defend the claim an acknowledgement of service must be returned to the court within the time scale specified on the Notice of Issue. A copy is forwarded by the court to the claimant or claimant's solicitor. The defendant is allowed 28 days from the date of service to file a defence at the court. If this is not filed within the 28 days Judgment in Default can be applied fo

[Micky the Hippo]

hey Parky

 

so if they haven't acknowledged by the 26th, I win?

 

but they most likely have acknowledged yesterday and I just haven't had the letter yet?

 

then I get their defence in two weeks time and then I'm waiting for the AQ and then a court date?

 

Is that about it?

 

Letter to Cobbetts arguing this and that are purely optional and for fun aren't they? And I have a crack at the set aside when the AQ arrives?

 

thanks fella, starting to get the vaguest waft of nerves, feeling rock otherwise

[Parkvale]

Mickey you know how they play the game. Everything at the last minute,

[Micky the Hippo]

no chance that they haven't acknowledged then?

 

if I get nothing from the court at what point would I apply for judgement on the grounds they haven't acknowledged in time?

 

(just hoping)

 

I'm free and easy with advice on others' threads, it all seems a bit more immediate when it's my claim, this is the furthest forward with a claim I've got so far

[Micky the Hippo]

nothing when I got home although stacks from the other banks

 

day two over the deadline now, 26th should have been their last day

[Micky the Hippo]

My first letter from the infamous Cobbetts!

 

Presumably starting as they mean to go on, acknowledging my summons thingy a day late, even by using their letterhead, two days late for me

 

CPR18 thingy next?

[hedgey06]

Possibly............ but maybe not! Didn't receive one myself Micky, and a lot of others haven't either.

 

This is the fun part now.................. enjoying it yet?!

[Micky the Hippo]

been fun all along once the early ignorance is dispelled

 

goody

[hedgey06]

this bit's better.............. you can almost smell their defeat at this stage

[Micky the Hippo]

I like that smell, the scrotes

 

Never really in doubt though is it

 

Been a bit annoyed at others being told that the earliest court dates are early September

 

congrats on your elevation to site helper btw, elegantly done, not like that kissarse Dar£n, scurrying around being first to help all the time

[hedgey06]

LMAO............. micky, you've got the driest sense of humour I've encountered in a long time!!!

 

We seem to be clashing with holiday season at the moment........... August seems to have strangely disappeared from the judges calenders.

 

And thanks!

[Micky the Hippo]

yuk yuk, good for you, rather too many don't get it at all

 

I know where I'd be if I was on their salaries and I suppose the regular court staff get hols as well in fairness

 

oh well, I'm starting evening classes in September for a degree in Law of all things, money will be handy for the fees

 

and then Christmas ...

[hedgey06]

........ ah - Christmas. That pleasant time of year when we pretend to like the most heinous of family members................. where would we be without it! And sprouts of course.

 

Nice one on starting the Law degree micky............... I'd love to do it myself - I'm sure my mancunian accent'd go down great guns with our learned friends!!

[Micky the Hippo]

They've got lawyers in the North don't they?

 

Ask me again in a year's time, it's going to be very hard work indeed I think (know)

[hedgey06]

Hard work granted - intriguing though too I imagine.

 

Any chance of you taking up a position with Cobbetts at some point?

[Micky the Hippo]

I sincerely hope not

 

Doing a Barrister course after the Law degree hopefully, expect to see me in the posh wine bars and bistros of the city doing very little thereafter

 

Five years time in case anyone want representation for their cases, so you'll have to play for time

[hedgey06]

Ah........... you're joining the pinstripe suit brigade. Plenty of them in Manchester. Try not to get the accompanying beer belly Micky............ places a terrible strain on the pinstripe you see - makes the lines go wobbly!