nat west owe me £37k ***won** 13/04

[scott150663]

hi everyone

 

at last ive been given a court date 11th may and its been allocated to multi-track. etc, im assuming nat west will settle b4 we reach court date if they don't i will prepare my court bundle and get ready for the fight. If anyone has any tips or advise i would appreciate hearing about this stage in my claim.....

 

Regards

 

Scott

[elorenzo]

I wish you lots of luck with your case!!!! You've got me fixed to this one to see what happens, 37K is a huge amount to be claiming, I thought I had it bad. I've not even managed to get my statements of Nat West yet so I'll keep checking your progress in the mean time. Hopefully there is light for us all!!!

[fendyweather]

Just get working on getting all your paperwork together. Use the time wisely and read up as much as possible off here as you can. Anything at all that gives you more ammunition for your battle. Consider it to be like your homework project. A necessity to winning. All the best. Crikey I thought mine was big at 15.7K. Yours is double plus. Cripes........... Fendy xxx

[scott150663]

hi everyone

 

at last ive been given a court date 11th may and its been allocated to multi-track. etc, im assuming nat west will settle b4 we reach court date if they don't i will prepare my court bundle and get ready for the fight. If anyone has any tips or advise i would appreciate hearing about this stage in my claim.....

 

Regards

 

Scott

thanks all for your repies

 

a correction to my quote i have been given a date for CASE MANAGEMENT CONFERENCE does anyone know what to expect and would i take my court bundle along to this hearing...

surprising im not in the least bit worried im looking forward to it as it appears my claim is coming to an end soon.

 

I would like to hear from anyone who has been to a CMC or have reiceved the letter and what happens between myself the court & cobbetts.

 

any help and advice gratefully accepted

 

Scott

[GaryH]

Can you post the exact wording of the order please, Scott?

[scott150663]

Can you post the exact wording of the order please, Scott?

 

hi Gary

 

its a notice of case management conference has no relevant info

 

hearing time, which court, it could be moved etc, it has been issued by the court to myself &cobbetts (offical form advising a cmc which isnt on the courts website

 

a bit confusing cause i cant find any info about this,although i dont think its anything to worry about

 

scott

[scott150663]

found this on court website

Case Management Information Sheet

The information supplied should be printed in bold characters

Case Management Information Sheet

 

Party lodging information sheet:

Name of solicitors:

Name(s) of advocates for trial:

[Note: This Sheet should normally be completed with the involvement of the advocate(s) instructed for trial. If the claimant is a litigant in person this fact should be noted at the foot of the sheet and proposals made as to which party is to have responsibility for the preparation and upkeep of the case management bundle.]

(1) By what date can you give standard disclosure?

(2) In relation to standard disclosure, do you contend in relation to any category or class of document under rule 31.6(b) that to search for that category or class would be unreasonable? If so, what is the category or class and on what grounds do you so contend?

(3) Is specific disclosure required on any issue? If so, please specify.

(4) By what dates can you (a) give specific disclosure or (b) comply with a special disclosure order?

(5) May the time periods for inspection at rule 31.15 require adjustment, and if so by how much?

(6) Are amendments to or is information about any statement of case required?

If yes, please give brief details of what is required.

(7) Can you make any additional admissions? If yes, please give brief details of the additional admissions.

(8) Are any of the issues in the case suitable for trial as preliminary issues?

(9) (a) On the evidence of how many witnesses of fact do you intend to rely at trial (subject to the directions of the Court)? Please give their names, or explain why this is not being done.

(b) By what date can you serve signed witness statements?

© How many of these witnesses of fact do you intend to call to give oral evidence at trial (subject to the directions of the Court)? Please give their names, or explain why this is not being done.

(d) Will interpreters be required for any witness?

(e) Do you wish any witness to give oral evidence by video link? Please give his or her name, or explain why this is not being done. Please state the country and city from which the witness will be asked to give evidence by video link.

(10) (a) On what issues may expert evidence be required?

(b) Is this a case in which the use of a single joint expert might be suitable (see rule 35.7)?

© On the evidence of how many expert witnesses do you intend to rely at trial (subject to the directions of the Court)? Please give their names, or explain why this is not being done. Please identify each expert's field of expertise.

(d) By what date can you serve signed expert reports?

(e) When will the experts be available for a meeting or meetings of experts?

(f) How many of these expert witnesses do you intend to call to give oral evidence at trial (subject to the directions of the Court)? Please give their names, or explain why this is not being done.

(g) Will interpreters be required for any expert witness?

(h) Do you wish any expert witness to give oral evidence by video link? Please give his or her name, or explain why this is not being done. Please state the country and city from which the witness will be asked to give evidence by video link.

(11) What are the advocates' present provisional estimates of the minimum and maximum lengths of the trial?

(12) What is the earliest date by which you believe you can be ready for trial?

(13) Is this a case in which a pre-trial review is likely to be useful?

(14) Is there any way in which the Court can assist the parties to resolve their dispute or particular issues in it without the need for a trial or a full trial?

(15) (a) Might some form of Alternative Dispute Resolution procedure assist to resolve or narrow the dispute or particular issues in it?

(b) Has the question at (a) been considered between the client and legal representatives (including the advocate(s) retained)?

© Has the question at (a) been explored with the other parties in the case?

(d) Do you request that the case is adjourned while the parties try to settle the case by Alternative Dispute Resolution or other means?

(e) Would an ADR order in the form of Appendix 7 to the Commercial Court Guide be appropriate?

(f) Are any other special directions needed to allow for Alternative Dispute Resolution?

(16) What other applications will you wish to make at the Case Management Conference?

(17) Does provision need to be made in the pre-trial timetable for any application or procedural step not otherwise dealt with above? If yes, please specify the application or procedural step.

(18) Are there, or are there likely in due course to be, any related proceedings (e.g. a Part 20 claim)? Please give brief details.

[signature of solicitors]

Note: This information sheet must be lodged with the Clerk to the Commercial Court at least 7 days before the Case Management Conference (with a copy to all other parties): see section D8.5 of the Commercial Court Guide.

[scott150663]

reading through that i would guess cobbetts will have to settle with me or they will need to disclose the true cost of charges before the hearing.

 

looks like im on the home run

[Tigs33]

Excellent news Scott!!!

 

I had a case management hearing with Abbey, together with about 10 other people, I attended the court however the Abbey had faxed to the court the day before and notified everybody else (apart from me) that they would settle.

 

So I believe the bank will settle before your date!!!

[scott150663]

Excellent news Scott!!!

 

I had a case management hearing with Abbey, together with about 10 other people, I attended the court however the Abbey had faxed to the court the day before and notified everybody else (apart from me) that they would settle.

 

So I believe the bank will settle before your date!!!

 

thanks tigs

 

have they settled with u now if not how did the hearing go????

[Tigs33]

Hi Scott,

 

They sent the Court the fax (telling them they had settled) but didn't tell me that they were going to pay, so I turned up at the court.

 

Here is my thread, http://www.consumeractiongroup.co.uk/forum/abbey-cahoot-successes/26638-tigs33-abbey-3.html you might be interested to read my post 56

 

They paid a few days after the hearing.

 

The judge was mega nice to me

[scott150663]

Hi Scott,

 

They sent the Court the fax (telling them they had settled) but didn't tell me that they were going to pay, so I turned up at the court.

 

Here is my thread, http://www.consumeractiongroup.co.uk/forum/abbey-cahoot-successes/26638-tigs33-abbey-3.html you might be interested to read my post 56

 

They paid a few days after the hearing.

 

The judge was mega nice to me

 

HI Tiggs

 

Read your thread and its put my mind at rest

Congratulations on your wins i hope my win will follow soon

 

thanks for your help i really appreciate it

 

Scott x

[Tigs33]

No problem Scott, I am VERY interested to read how you get on, don't worry you are doing really well.

 

If I can help in anyway just shout.

[GaryH]

Have a read of this Scott, if you haven't already - Fast track and multi track (particularly page 11)

[scott150663]

Have a read of this Scott, if you haven't already - Fast track and multi track (particularly page 11)

hi all

 

yeah i read all that yesterday, it would seem to be that if the CMC went ahead i would ask (as i have already twice) the judge to make nat west disclose there actual cost of charges. nat west aren't going to disclosethe costs so i assume that means they will settle before the CMC hearing. Reading through other cmc threads they allways settle before hand.

 

any comments welcome

 

scott

[GaryH]

Not necessarily.

 

I think they may well turn up in this case, becouse at a CMC they have nothing to lose and something to gain. They could well turn up to test your resolve and see if your going to go through with it for one, but also to request an order for further information.

 

They may want to test the water and ascertain the strength of your claim before they settle, as the amount is so large. Of course they are ultimately very unlikely to defend at trial becouse they don't want to disclose, but you certainly should'nt discount the possibility of them attending the CMC.

 

You should expect that you'll have to attend and prepare accordingly. If it turns out that you don't need to then its a bonus.

[scott150663]

hi GARY

 

Thanks for your advice i will prepare as if they will definately appear so that im fully ready for anything they might throw at me.. Would u know if anyone has had a CMC and what types of info i would need to take with me, as i believe i wouln't need to take my court bundle at this hearing. Any help is better than no help

 

thanks in advance fof any replies

 

scott

[scott150663]

Gary

 

i forgot to mention that i did send the CPR18 request to cobbetts &the court and asked the judge to direct disclosure of costs as i had answered there Cpr 18 which could help the court to decide on which track the case should be heard.So cobbetts have all the info that they asked for in the CPR18. I can't think of anything that cobbetts can ask of me at the hearing, i will ring the court on monday (very helpful people by the way) and see if the court has requested disclosure of costs as asked by myself. Iwrote to the court saying i was complying with cobbetts request for a completed cpr18 and respectfully asked the court to direct disclosure as i was trying to save court time

 

 

scott

[GaryH]

No, as you say you would'nt need the full bundle of evidence.

 

I'm not an expert on Multi-track procedure, but the main purpose of the CMC will be for the judge to set a timetable for directions, etc. This would include setting dates for disclosure, exchange of witness statements, etc.

 

You will almost certainly be required to provide further information and the court will probably fix a date by which you must do so within the timetable. In fact, it may even be beneficial to serve a response to the part 18 in advance of the CMC. I'm going to seek another opinion on whether you should do this or not.

 

You need to do a fair amount of reading now and make sure your confident in the basis of your claim. Do some research of the relevant cases and statutes, etc. and ensure you'll be able to answer any questions regarding your claim and the legal principles upon which it relies. Have a read of the statement of evidence, thats the sort of legal arguement you'd be presenting if it got to the actual trial.

 

Obviously you won't be argueing your case as such at the CMC, I just mean make sure your clued up on your arguements. The good thing is that nothing can be won or lost at a CMC, so you won't be under any real pressure. In fact it'll be good experiance for you.

[scott150663]

thanks Gary

 

ive already sent in the CPR18 with aletter asking the court to direct cobbetts for disclosure

 

scott

[gizmo111]

CMC here against NAt West- was contractual interest though

 

http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/36034-case-management-conference-13th.html

[scott150663]

CMC here against NAt West- was contractual interest though

 

http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/36034-case-management-conference-13th.html

 

 

thanks gizmo

 

had a read and its very helpful

 

thanks again i need to read it a few more times to let it sink in lol

 

scott

[GaryH]

Gary

 

i forgot to mention that i did send the CPR18 request to cobbetts &the court and asked the judge to direct disclosure of costs as i had answered there Cpr 18 which could help the court to decide on which track the case should be heard.So cobbetts have all the info that they asked for in the CPR18. I can't think of anything that cobbetts can ask of me at the hearing, i will ring the court on monday (very helpful people by the way) and see if the court has requested disclosure of costs as asked by myself. Iwrote to the court saying i was complying with cobbetts request for a completed cpr18 and respectfully asked the court to direct disclosure as i was trying to save court time

 

 

scott

So your saying that you've now responded to the part 18?

 

How? Can you post what you've responded with please.

 

Forget disclosure for a minute, that won't be ordered untill the CMC. I've taken advice on this and you need to give a detailed and thorough response to their part 18, and also serve one of your own.

 

It'd be helpful for both of us Scott if in future you posted your intentions before actually carrying them out. Clearly at the end of the day its your claim and you can conduct it how you like, but your in dangerous territory now where mistakes could be extreamely costly. I want to make sure you've got the best chance of succeding with it, but I can't help you if your not going to tell me what you've done at each stage untill after you've done it.

[scott150663]

Hi Gary

 

Have a look at this i sent this on the 25/03/07

 

-and-

NATIONAL WESTMINSTER BANK PLC Defendant

 

RESPONSE TO REQUEST FOR FUTHER INFORMATION AND CLARIFICATION

 

NOTE- IMPORTANT

 

 

1. This response is served pursuit to CPR 18

 

The Response

2. In response to Para 2.1 and 2.2 (a)(B)© of defendants request please find herewith (attached Schedule one) a break down of the charges applied to the claimants account this includes the claimants account number sort code and the dates of the charges were applied and the reason.

3. In response to Para 2.2 © of the defendants request, the claimant has already explained why the charges should not have been applied but for the avoidance of doubt the claimant alleges that the charges are Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963 It was held that a contractual party can only recover damages for an actual loss or liquidated losses.

4. In response to Para 2.3(a) Yes, the claimant should not have been charged an amount above the true administrate cost incured by the respondents, (B) the claimant should not have been charges for reason out lined in Para 2. © the claimant should have been charged the true administrative cost,

5. In response to Para 2.3(d) The Respondents have asked what the claimant should have been charged, to answer this the claimant will need a break down of the administrative cost incured by the defendant in applying the said charges.

6. In response to the further question made by the defendant the claimant will not be able to responded to these until the claimant has disclosure and inspection of documents as the claimant will be requiring a copy of his contract with the respondents

7. If the defendant requires any further information, the claimant will be happy to provide this once the discloser of documents/information has been dealt with by the court.

Yours truly,

[scott150663]

Hi Gary

 

would u recomend sending this as my cpr18 request to cobbetts

 

 

 

In the CLAIM NO XXXXXXX

BETWEEN

XXXXXXXXX CLAIMANT

AND

NATIONAL WESTMINSTER BANK PLC DEFENDANT

REQUEST FOR FURTHER INFORMATION AND CLARIFICATION

 

1. In relation to each and every breach by the Claimant which resulted in a charge being levied as confirmed by the Defendant in its Defence please provide full details (with all relevant supporting documentation) of:

 

 

a) any letters, telephone calls, or incidents of manual intervention into the account in respect of each and every charge claimed by the Claimant in the Particulars of Claim;

 

b) how charges are applied to the account (whether automatically or by some other means) and when;

 

c) the Defendant’s assessment of the cost to it of sending any letter making any telephone call or otherwise administering the account, with details of how the cost to the Defendant is calculated and what items of expense are included, or such other costs as are foreseeable in the context of contractual damages and the remoteness thereof and which can be specifically identified and defined and which can be reasonably attributed to each and every breach on the part of the Claimant;

 

d) the justifiably objective principles upon which all such costs are calculated and result in the specific level of each charge levied by the bank in respect of each of the breaches which resulted in the charges now claimed by the Claimant.

 

 

2. Of paragraph 7.2.5 of the defence in which the Defendant avers that the charges are applied in return for the provision of a banking service to the Claimant:

 

a) Please identify each and every such service referred to in the defendant’s terms and conditions and identify the charges, by reference to those terms and conditions, that the Claimant is required to pay for each service identified.

 

b) Please confirm what steps are taken by the defendant in providing the alleged services referred to in the defence. Please provide copies of all notes, memoranda, or other information retained by the defendant to demonstrate the provision of the alleged services to the Claimant.

 

c) Please confirm whether charges are applied automatically.