PPMAN v Nasty Vest Help Needed re Form N244

[PPMAN159]

Scott

 

The reason why I am doing is is given in my posts 16 and 19.

 

Basically I think that what Cobbetts are saying is that I have not given enough detail on my original MCOL application.

 

The daft thing is that I had an offer from Nat West last week for the charges in full but I sent it back saying that I would only accept it as partial settlement and would still proceed with my claim.

 

Then a day later I received the letter from Cobbets as detailed in 16.

 

Also as the case is being defended, it it being transferred to court nearer to me in Kent.

 

As such I am now kicking myself for not accepting the offer made by Nat West and am confused as to what I need to in order to proceed with the claim to the satisfaction in order that it does not get thrown out.

 

Thanks

[scott150663]

hi

 

follow the instructions ive given u and u will be fine

 

they will not defend in court as long as you use the correct POC and the court will not throw the case out

 

MCOL always transfer u to a court closer to your home so this is totally normal

 

give the court a ring they will tell u exactly what to do

 

dont worry this is fairly common

 

scott

[PPMAN159]

Thanks Scotty

 

I think that I have got confused having received letters from the court and Cobbetts in recent days.

 

At the end of last week I received from the court a letter stating that I need to amend the Particulars of the Claim in Part A(2) of the NI244 form along with submitting a new N1 form detailing the new amounts in red.This should be sent back to them along with my cheque for £35.

 

Then I received the letter from Cobbetts detailed above.

 

Hence the confusion.

 

So once and for all to clarify.

 

All I need to do is to send the court three coipies of the completed N244 form and three copies of my charging scheduel and this will be ok?Will they need a cheque for £35.

 

Sorry for the questions-I must come accross as a complete idiot but need to have things 100% in my mind so that can carry on with confidence.

 

Many thanks

 

PP

[scott150663]

ppman

 

You got it

 

Just ring the court to confirm or pop it into the court and speak to them.....(they r really helpful) better to be 100% sure...

 

Please check b4 u send in the post as u dont want to make a silly mistake as youre so close to getting your money back

 

Be strong u will win

 

Scott

[PPMAN159]

PPman

 

I amended MY N1 all i did was complete the N244 and attached the new POC (Seperate sheet of paper 3 copies all in RED INK)

 

The changes on the original N1 you cross through with a Black pen

3 Copies also required

 

I did not have to complete another N1

 

Hope this clarifies things

 

Scott

 

I completely missed this thread as I have been out and about today.

 

I am happy with the N244 form but what is POC-is this my charges schedule?

 

If so I will print three in red and attach it to three copies of the N244.

 

I assume that the change in red is the interest that I am claiming that was not detailed on the original N1 submission?

 

The only thing that I think that I need to change on the NI form is the paragraph that I have added to do with the interest originally claimed-so I will cross this through and send three copies back

 

My main concern was the phrase used by Cobbetts in the defence letter to the effect that they were 'embaraased by the lack of particularity pleaded in the particulars of claim to the extent that the particulars of claim fail to disclose reasonable grounds for bringing a claim against the defendant'

 

That is why I was going to complete a new N1 with new wording.

 

See I told you I was stupid!!

 

PP

[scott150663]

I completely missed this thread as I have been out and about today.

 

I am happy with the N244 form but what is POC-is this my charges schedule? Particulars of claim

 

If so I will print three in red and attach it to three copies of the N244.

Thats correct

I assume that the change in red is the interest that I am claiming that was not detailed on the original N1 submission? re submit the whole POC with the interest see template library

 

The only thing that I think that I need to change on the NI form is the paragraph that I have added to do with the interest originally claimed-so I will cross this through and send three copies back Cross it all through and insert POC from library

 

My main concern was the phrase used by Cobbetts in the defence letter to the effect that they were 'embaraased by the lack of particularity pleaded in the particulars of claim to the extent that the particulars of claim fail to disclose reasonable grounds for bringing a claim against the defendant' Your POC was to brief so use the POC from the library

 

That is why I was going to complete a new N1 with new wording.

The new wording is the POC

See I told you I was stupid!!

 

u r not stupid just confused

PP

 

 

If u dont understand please tell me we WILL sort it out

 

Scott

[PPMAN159]

I have printed all of your replies and will go through them tonight.

 

Thanks for confirming the POC details and I have taken the wording from the templates library-how do I show this to the court?Do I do a letter for the POC or does it need to be added to the N1 form?

[PPMAN159]

I have received a further letter from Nasty Vest offerring me slightly more than their previous offer so I think that I will accept this.

 

Many thanks to everyone who has given me help and support over recent weeks and good luck in your claims.

[hedgey06]

Hey PPMAN......... CONGRATULATIONS!!!!......... a well deserved win for you - enjoy every penny of the cash!! Well done, hedgey xxx

[scott150663]

congratulations!!!!!!

Scott

[fendyweather]

Hey PPPMAN. Well done............ so long as you are happy with the deal, then the jobs complete. WELL DONE, IM CHUFFED AS A DOG WITH TWO TAILS FOR YA MATE.

 

FENDY XXX ALL THE BEST. ENJOY THE SPONDOOLIES................ BIG YAAAAAAAAAAAAAAAAY FOR PPPMAN. xxxxxxxxxxx

[PPMAN159]

Thanks guys and one last point.

 

In their letter they say that they will credit the money direct to my Nasty Vest account.

 

Can I ask that they send me a cheque or do they have to pay the funds direct?

[Parkvale]

PPman well done and CONGRATULATIONS. If the bank are paying you out and you have an account open. Me thinks you are stuck with the deposited into your account scenario. If Cobblers pay you out its always by cheque, but can't do any harm in ringing Borehamwood to ask for cheque.

[PPMAN159]

Right-update on progress.

 

I have accepted the Nasty Vest offer and have posted back to them on teh 8th MAy the signed acceptance form as requested by Mr Higley in his letter dated 20th April.

 

Just phoned Customer Services to find out when the funds are likely to be paid to me and they have advised that as I have taken the matter to court they will not pay out until I have stopped the court process.

 

I have re read the letter from Mr Higley and nowhere does it state this and as I explained to them on the phone I wanted to keep the court side open just in case that there was a problem with the funds.

 

My question is-are Nasty Vest correct in saying this or is it just a [problem] to delay paying out the funds?

 

Ta

[fendyweather]

Dont cancel your court claim until you have the cheque and its cleared, or until the money is in your account. No other way to do this. Dont cancel the claim yet. End of ........ Fendy xxx

[PPMAN159]

I think that I should rename this thread 'Are Nat West dicking me around'

 

I have written to the Court and cancelled the claim as requested by Nasty Vest and have sent copies to NWB by both fax and post.

 

Just spoken to Customer Services and they do not have any record on my file of the fax being received(it was sent Monday) and they have said that they will contact me within the next 4 to 5 days.

 

As my acceptance was sent to them on the 8th May and as there was no mention in their letter that I needed to cancel the court case before they paid out is there anything else that I can do to chivvy them up?

 

Can I put in a claim, albeit small, for interest on the funds or can I cliam against them for the additional time that I have put in chasing them and writing to the court?

[PPMAN159]

Here is a copy of what I propose to send to Nasty Vest today in respect of the above

 

On the 8th May I sent back to yourselves a signed acceptance form in respect of my claim, ref 1224037501, for £4587.

I have telephoned yourselves on numerous occasions over the past couple of weeks to find out when the funds were likely to be paid to me and I was advised last week that as I had issued a claim against you for these funds on MCOL I would need to cancel this claim before I could get settlement from you.

My argument is that I wished to keep the claim open just in case you defaulted on this offer and also mentioned that this was not outlined in the original letter that I was sent.

Against my better judgement, and also going against advice that I have received from the Consumers Action Group, I have written to MCOL requesting that they cancel the claim and as such I now feel that I have fully complied with everything that you have asked of me.

Your customer relations department have noted on my file all of the above, but they have said that they will not be able to get back to me with a definite settlement date for at least another 7 days.

Please be advised that should I not get settlement of this claim within the next 7 days then I shall be forced to go back to the court in order to seek redress

Should you feel the need to discuss this with me I can be contacted on

Any suggestions?

[PPMAN159]

I would like to get this letter sent to Nasty Vest today so if any one has any comments could they let me know.

 

Many thanks.

[make_me_happy]

Hi PPMAN

 

I have had a similar situation on my thread with HSBC, I did not receive any offer before the amendment though. If you want please have a read on mine if it is going to be of any use.

http://www.consumeractiongroup.co.uk/forum/hsbc-fd-hfc-successes/71876-make_me_happy-hsbc.html

[PPMAN159]

Letter is on its way