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goldie wheeler vrs Natwest, ***WON***


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just wandering if you can help??our case went to court on 26.3.07 but we had a letter saying that they didnt know what the case was about!! Cobbetts their solicitors hadnt obviousley forwarded our file to Cardiff Court!!(we are claiming approx £5370 from Nat West in Bank Charges). Now it is going to court again and the court has asked for all statements and docs again!! by this Friday. Cobbetss want to throw the case out of court. We already have paid £240 for this case to go to court.What do we do now??

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just wandering if you can help??our case went to court on 26.3.07 but we had a letter saying that they didnt know what the case was about!! Cobbetts their solicitors hadnt obviousley forwarded our file to Cardiff Court!!(we are claiming approx £5370 from Nat West in Bank Charges). Now it is going to court again and the court has asked for all statements and docs again!! by this Friday. Cobbetss want to throw the case out of court. We already have paid £240 for this case to go to court.What do we do now??

 

Hi I have moved your post here so you can be advised.

 

Ok can you list what you have done please just a brief outline.

Please post a copy of your POC

Please post any orders you have from the court.

What was the hearing ?

What did the Judge say?

Did you submit a court bundle?

why are Cobetts asking for the case to be thrown out?

 

 

 

 

 

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 we have done everything by the book really. We have followed the instructions step by step until now-am lost. Nat West stated that the POC was embarrassing and that they were sorry to hear that we were claiming- all the usual stuff u know? AS the court has been moved from northampton to cardiff to carmarthen -we have sent a few bundles and sent everything to Cobbetts to cover ourselves.

Weve had a Notice of Acknowledgment of service from Northampton court 23.11.06 ; We had a notice of transfer of proceeding on 15.12.06 to carmarthen court;

15.12.06 cobbetss send the defendants defence saying it is denied that the claimant is entitled to the relief claimed, and saying that the defendant will apply to the court for an order striking out the POC.The defendant embarrased by lack of POC!

3.1.07 we received an allocation questionnaire completed by nwest/cobbetts. Notice of transfer of procceding to cardiff court on 12.1.07. General Form of Judgment order recvd 23.1.07 - the court has made this order of its own initiative without hearing - case on march 26th 07 in cardiff. We sent all paperwork again-written representation.

31.3.07 - general form of judgment or order asking us to serve and file a schedule of bank charges(again!!!) for reimbursement to incl dates/charges/reason for reimbursement . States also there will be a stay until 4pm on 18th may and then the defendant shall serve an amended defence by 4pm on 1st june 2007! last point states that the claim be restored for directions hearing at cardiff court on 14th august before judge hickinbottom.

We started this claim on august 22nd last year.

Dont know what to do now- send everything again to cardiff court for the last time? am fed up now.many thanks for your reply earlier.x

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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 ok the way forward I think is for you to send a strong letter to Cobetts asking them to settle, I have drafted a letter have a look please. Include a schedule of bank charges as directed to the court, also I would like to see your POC and can you post the latest order as its written please.

 

 

 

(includ addresses,ref etc)

Dear

 

I am writing in response to the Court Order dated xxxx issued by Judge xxxx at xxxx court in respect of claim xxxx.

I again request that you settle this claim in full within 1 week of this letter. The amount required to bring this action to an end is £xxxx. This includes interest and applicable court fees. I will accept no conditions to this settlement.

 

I am sure that you will agree it is in the best interests of all concerned to settle this matter without incurring any further costs or wasting court time.

I have enclosed as directed a fully particularised schedule of all charges and interest, a copy of this letter and the schedule will be sent to the court.

If you decide that you wish to decline my offer of a settlement then I suggest that you let me have your amended defence directly as well as filing your copy with the court.

 

If you fail to settle this matter within one week I will request the removal of the stay and inform District Judge xxxxxx that you have made no attempt to resolve and settle this case.

 

This offer will remain valid for 7 days after which I will proceed with the application to have the stay removed.

 

 

Yours sincerely

 

 

 

 

 

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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Thank you so much for the fantastic reply. Here is the latest 'General Form of Judgment or Order' we received:

 

Before HIS HONOUR JUDGE G HICKINBOTTOM sitting at Cardiff County Court, Cardiff, 2 Park Street, Cardiff, CF10 1ET.

Upon neither party attending

IT IS ORDERED THAT

1. The claimant shall by 4pm on the 20th April 2007 serve and file a schedule of bank charges for which reimbursement is claimed to include

(i)the date of the charge

(ii)the amount

(iii)the reason for the charge as disclosed by the Defendant in (for example) bank statements and

(iv)the reason reimbursement is sought.

2. There shall be a stay until 4pm on the 18th May 2007.

3. The Defendant shall serve an amended defence by 4pm on the 1st June 2007.

4. the claim be restored for a Directions Hearing at Cardiff Civil Justice Centre on Tuesday 14th August 2007 at 10.30am before His Honour Judge G Hickinbottom.

 

Dated 26th March 2007

 

What do you think of this?

thanks and regards.

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Hi its me again.

Sorry but I missed the other part of your requirement.

When you requested the POC, unfortunatley, I had to do this in my own handwriting, as my PC was out of bounds and couldnt copy and paste for some reason or other, but I used the POC template on the monsysavingexpert.com site, adding our charges and our own amounts. Does this help at all?

Then we wnt online with the claim but as it amounted to over 5k they told us it had to be dealt with in the court itself.

 

Hope this is of some help to you??????im quite scared of this whole thing by now as i dont understand a lot of the terminology.

 

best regards.

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That general form of judgement or order looks quite straight forward. They seem to be trying to help you. The court that is. Just do as they say and Cobblers have no chance of striking out the case. Don't be to fazed by the legal jargon. You can always ring the court and ask them any general information you don't understand. 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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Yes I agree the order is in your favour, you need to comply with the order. Send the letter I drafted for you hopefully this will nudge cobblers. But you must comply with the orders should cobblers not respond positively.

 

 

 

 

 

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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Pleasure, don't be scared to ask. Loads of helphere. 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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  • 4 weeks later...

Hi its me again!

Well unfortunatley I haven't received a cheque as yet.

I sent the letter which livelylad advised me to send - I got an immediate response but not the one I was hoping for! Unfortunatley I had mis-calculated the interest and had to send a revised schedule of charges. I did immediatley and received another letter from Cobbetts (Cobblers!!!) dated 23rd april saying that 'our client will be in a position to discuss further your offer to settle in your letter dated 16th April 2007.'

I haven't heard another word.Any suggestions please??

Am seriousley fed up with it all but want an end to this now. I feel that I made a terrible mistake when I mis-calculated the interest and don't know how the hell I managed that but thats it I did!!

i think i have jeopardised it all now.

Can anyone advise me please?

thankyou.

x:( :mad:

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Bump .......... for a mod or one of the 'court crew'.

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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Tomorrow, first thing,, ring Cobbetts. Speak to the person who last sent you a letter about this. Be nice, but not grovelling, explain, it is in both your interests to settle this now, if they disagree, then we all know they wont turn up for court, so dont panic. But at least you can try calling them and see what they say. ?? then post back on here and one of us will be here to advise from there. But whatever you do, dont sound desperate............ just like you are trying to settle before court so the judge can see you have both tried to negotiate this prior to hearing. Keep your cool, and ring them, and be calm, but bold and brave. Youve nothing to lose, and dont worry, the judge wont throw something out just because Cobbetts say he should. They have no power or control over what the judge decides, and if theres anything missing with your claim and the court are thinking of striking it out, they would tell you first, so you have the opportunity to amend it. So dont worry........... really. 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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Ok great, but dont grovel, just remind them of the date. Fendy xxx

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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well have phoned them five times and left messages, yesterday and today - the switchboard said they're moving offices!!!! and said to ring back monday to which we said to the lady on the switchboard that thats what was said yesterday. Also they said that they weren't supposed to give out their names!! it all sounds v dodgy to me.

x

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can anyone help please? have phoned again today and left a message again - got through to switchboard and they transferred the call and then nobody answered so left a message again. what is the best action to take now?

thanks:(

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can anyone help please? have phoned again today and left a message again - got through to switchboard and they transferred the call and then nobody answered so left a message again. what is the best action to take now?

thanks:(

 

Phone and ask for the e-mail address of the person dealing with your claim, who are your letters addressed from? I normally e-mail them and they get back to me within 48 hours.

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Well just received a message from Cobblers saying that they now require me to list down what the charges are for? I sent the table for bank charges from the website and completed it, and they have a copy of all bank statements so are they correct to ask for these details again? or are they biding time?

your advice would be much appreciated.thank you.:mad:

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BUMP for fendy or parkie!!! xxx :p

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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I presume you used the spreadsheet from the templates library on here, ??

 

And did you list what each charge was for as per what it said on each charge from your statements, i.e. Unpaid Direct Debit etc. ?

 

Yes ?

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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If you listed:

 

What each charge was for, Amount, Date of Charge, etc.

 

then theyre just being obnoxious like they usually are. You dont have to do anything the Cobblers ask for. Only whatever the courts ask for............ You could be sarcastic back and just send another copy of your spreadsheet back to them stating, by recorded delivery obviously with a covering letter stating..........this is my list of charges, can you tell me exactly whats wrong with it ? That will shut them up. Fendy xxx

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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Hi! thanks for your advice. I have done just that - sent a cover letter saying that they already hold a copy of the detailed spreadsheet but have enclsed another copy, and I have sent a copy of my letter to Cobblers regarding this ridiculous request to the Judge stating how I am trying to resolve this matter as soon as I can blah, blah ,blah......so fingers and everything else is crossed with me now!!!!!

thank you so much for your valuable advice.

 

xx:rolleyes:

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