business claim 1992 and onwards

[hedgey06]

cant believe this is right have added £500 in fees totaling 22k inc interest my total will be 4 or 500k is this right this is gonna bevery interesting

 

Did you just say £400 to £500 THOUSAND???????????? Or have I read this wrong???!!! xx

[hedgey06]

ok next week can take nat west to court,got n1 forms, first question, brief details of claim?illegal charges and interest.

2nd question the values... with interest or with out?

3rd question if i want to claim expenses do i add these now?and finally p.o.c. do i need specifically for bussiness and pre six years?

any help appreciated some of tes questions i think i know but i just want to be right

 

These should help N1 Claims form in .PDF format with form filling and 4. Particulars of claim - N1 - hard copy version you to complete the N1 form. However, I'm not sure if you need something more specific for a business claim - I'll check this out (along with the pre-6 years which I think are fine, I have some on my own POC).

 

You also include the 8% interest at this stage also.

 

I'm not sure about the 'expenses'. Are you talking about things such as the SAR fee, recorded delivery payments, etc?

[hedgey06]

Additional guidance for business claims (POC) can be found here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/105213-guide-business-claims.html

[hedgey06]

Download the template ready to oppose their application - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820. Make it quite clear that this is a business claim, and - as such - is not concerned with the UTCCR. Could well be worth ringing the court and having a conversation about this also. Best of luck

[hedgey06]

The link above is to oppose their application - but it can also be re-worded to have a stay lifted as well.

[hedgey06]

yes but there is no mention of the UTTCRs which is the main argument on a bussiness claim

 

But the Unfair Terms in Consumer Contract Regulations (UTCCR) doesn't affect business claims

 

What you need to do with the template is to personalise it to your own claim to show that the test case doesn't affect business claims as it's looking at different statutes from those that cover the general consumer claims. Therefore, your claim (as a business claim) should progress as normal.

[hedgey06]

If they miss Monday's deadline, you'll need to give them an extra couple of days at the very least. Cobbetts (in line with other banking litigation teams) very often file their paperwork late - and the courts seem to allow them to do so. Very frustrating - but unfortunately true.

 

However, once they're a few days late submitting the defence - you can enter judgement against them. Let's hope they forget your claim!

[hedgey06]

Hi sharpgun,

 

Regardless of what the lady at the court offices said, I'd be inclined to hold off applying for Judgement for a few days. The main problem with applying for Judgement the day after a defence should have been submitted is that the process could be slowed down even further. There's a really good post by hagenuk here http://www.consumeractiongroup.co.uk/forum/natwest-bank/112523-judgment-set-aside.html#post1113383 that explains this in more detail.

 

So to be honest, if this was my claim, I'd give them a few extra days to submit . . . . just in case!

[hedgey06]

This is completely normal Sharpgun. They tend to apply for the stay after they've filed the defence.

 

However, you might be interested in a new development from the last couple of days. Cobbetts have written to two business claimaints on the RBoS forum to inform them that they're applying to the have the stays lifted due to them being business claims! Here's one of the links http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/102725-barneybubble-rbos-2-12430-a.html#post1112764 - the other one is 'lANCASTER CHELSEA'.

 

These are strange times!

[hedgey06]

I'm trying to rack my brains............. could take some time! I distinctly remember reading a thread a few weeks ago where it was ascertained that these fees (£3.50 per day) could be reclaimed as they're actually penalty charges. I'll have a look through the threads I'm subscribed to and see if I can find the post.

 

Keep hold of them - IMHO these letters could prove to be very relevant to your claim.

[hedgey06]

Sorry - my mistake!

 

Definitely keep the letter(s) for use at a later date - they may come in handy when you're putting your court bundle together.

 

I'm just wondering how they justify a charge of £3.50 per day

[hedgey06]

Going off what you've read from other threads on the Nat West forum, would you say that the Cobbetts defence was one of their usual templates?

[hedgey06]

Sharpgun, phone the court tomorrow morning and explain that you haven't had formal notification yet of the decision to stay your claim. Tell them that once you've received formal notification, you'll be submitting your formal application to have it lifted.

 

In the meantime, phone Cobblers. As I posted before, they've already applied to have stays lifted on two other threads in the RBoS forum as they've recognised that they're business claims. Ask them why they aren't applying the same policy to all business claimants and tell them you'll be using this as evidence against them in your formal application to have the stay lifted (whether you can use it or not I don't know at this point - I'm posting in anger!)

 

Please call the court and Cobblers asap - post back when you get a response from them and best of luck mate.

[hedgey06]

In a nutshell, it's difficult to trust them (DJ's) when they're not consistent!

 

As Cobbetts have already applied to have stays lifted on at least two business claims already, they're in pretty poor shape if they try to have a stay put on your claim (and indeed other claims). On what grounds would they do so?

 

Sounds as though the court office has sent you a 'standard letter' to be perfectly honest. However, if your file has been passed back to the DJ, it also sounds as though 'somebody' has picked up on the error!

 

Let's hope a little common sense is now applied and that the DJ realises that your claim does not touch on the UTCCRs at all.

 

If he/she does, however, grant the stay - you now have some excellent material (courtesy of Cobbetts!) to apply to have it lifted.

[hedgey06]

Hi sharpgun,

 

Got it! I've sent you a message.

[hedgey06]

One PoC received - thanks!

 

Hope you managed to catch your flight

[hedgey06]

Glad you made it back ok!

 

The fact that you've received an AQ is definitely a step in the right direction - means your claim hasn't been stayed to date. And the £100 is added to your court fees at a later date as well.

 

If you need any links for completing the AQ let me know (although if you click on the nat west sticky for nat west claimants, most of the info you need is there).

 

I've also sent you a PM about your PoC/cobbett's defence. Nothing to worry about for the mo!

 

x

[hedgey06]

I'm here all the way mate

 

Have they sent you the N149 or the N150?

[hedgey06]

Man City! Hubby's a die-hard blue till he dies (according to his mantra!) Unfortunately for him two of the lads are die-hard Man Utd fans............... gutted he is! How about you?

 

OK, if it's N150 - you need to complete a lot more info than you do with the N149. I'll include my sig on this post - so if you click on it you'll get the AQ links that you need (including the attachments) by clicking on the Nat West Claimants link. However, if you PM me with your email I can send you a couple of them completed (saves you time!)

 

You can download the N150 to your own PC from this thread http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html but, unfortunately, you can't save the changes (same as the N1). So it's best to get everything spot on in a word document and then copy and paste onto the N1.

 

The settled claims can be found in the litigation section - just follow the guidance for Nat West claimants in my sig for how to do this.

 

How's that for starters?