Parkvale v Natwest ***WON***

[Parkvale]

Any comments on this document?

 

The judge orders that you and the other parties prepare for trial as follows:

1) The claimant shall by 7th May 2007 send to the defendant and to the court:

a)A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge to be made;

b)Copies if statement or any other document relied upon as showing that each and every charge has been made;

c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

d) Copies of decided cases and other legal materials to be relied upon.

 

The defendant shall by 28th May 2007 file and serve a response to the claimant's schedule, stating in respectof each item claimed.

a) Persuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

b) Whether such charge is accepted to be a penalty, and if not why not;

c)If such charge is alleged to be a pre-estimate of the defendants loss incurred by the claimants actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be abducted at trial as to what the true cost of dealing with the matter was;

d)If such charge is not alleged to be a pre-estimate of the defendant's loss incurred by the claimant's actions then facts and matters intended to be relied upon showing the basis uponwhich the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

e) Copies of decided cases and other legal matters to be relied upon.

[fendyweather]

Ooooo, gonna read this at length when I get home Parky. Fendy xxxxx

[Pliny the Penuriosus]

Which are you claimant or defendant?

[Parkvale]

Claimant

[archer_66]

oooo thats sounds interesting! looks like ur money's on the way b4 the 28th may then! cant wait to see if they respond!

[Pliny the Penuriosus]

Then the DJ is aware of their shenanigans & calling their bluff

[Parkvale]

I am a little bit cautious. Part of the claim is Pre- 6years and i am hoping that the judge (bless him) who has not made any specific mention of the limitation act and has concentrated on them disclosing the true cost of their charges.

[Parkvale]

Pliny, Yes i tend to agree with you over calling their bluff. But i've learn't on here to keep your focus. In fairness he seems to have gone straight for the jugular.

[Pliny the Penuriosus]

It's not for the DJ to mention limitation. It is either for you or the defendant.

 

If they don't raise it in their defence don't mention it but be prepared to argue it as part of your response to their defence if they do. Also be prepared to argue it in court if they try & spring it on you then

[Parkvale]

It was raised in their defense, but the judge has not made any specific point to me to prove the part of my case under the limitations act.

[Pliny the Penuriosus]

In that case he has in his directions as follows:

 

1

d) Copies of decided cases and other legal materials to be relied upon.

 

[Parkvale]

Yes i agree that would cover it. Iwas just a little surprised the judge didn't mention it specifically. Thanks for your input.

[sif]

Sounds very interesting Parkvale. Sounds like a big fat cheque for you very soon. FINGERS CROSSED and good luck

[Parkvale]

Cheers sif, I think the judges are completly fed up with the banks.

[Parkvale]

Decided to get the old court bundle together. Its early bird that catches the worm. As they say. Byeeeeeeeeee

[gizmo111]

Looks like the judge has ordered these http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

 

WHich court was this.

[Parkvale]

Scarborough. I sent the new amended AQ, but he seems to have done it his way. Yes vitually the same, word for word. They ask all the right questions. Is this checkmate ?

[fendyweather]

Are you going to Scarborough Fair, Parsley Sage Rosemary and Thyme............ la la la la la................ oops, Sorry Scarborough courts........... la la la la la. Can I ask how much you are claiming Parky, or is that private. Totally understand if its private............ Fendy xxxx

 

So far it all looks to be going well in your favour though by above posts........... I shall be watching daily in your own fight Parky. Goes without saying......... you are a man of few words, but plenty of smileys........... I WISH YOU ALL THE VERY VERY VERY VERY BEST, YOU DESERVE IT FOR YOUR HARD WORK AND ENCOURAGEMENT TO ALL ON HERE....... I hope the money is yours again, and quickly.

 

Lots of Love, Fendy xxxx

[Parkvale]

Fendy my virtual buddy. Thanks for your support. Their is a sort of virtual madness that quite often bubbles to the surface. The emotional bashing we all take on here is sometimes so over whelming. Their are alot of superb people on this site who continue and i'm sure will continue to fight this totally just cause. Amount claimed 7k.I am very interested to see for obvious reasons. ( seven thousand of them ) Whether Cobblers throw the towel in or if your reading this Nasty West. Waste more of your money which surely by now you ( Nat West ) must have realised is a very plentiful

gravy train for Cobblers. With absolutely minimum success.

[hedgey06]

Ooooooh Parkie............ just read through your thread - and I know you're cautious but am i right in reading this as you're nearly there??? Hope so honey............. they've kept you hanging on for way long enough!! Fingers crossed for a win for parkie asap!!! xxxxxx

[Parkvale]

Hedgie, Cheers, Parky cautious??????????????? Yeah bless you . i think you do tend to be with your own claim.

[hedgey06]

I know parkie................. but you're almost a few quid richer now!!! Yaaaaaayyyyyyyyyyyy .................. McDonalds on parkie!!! Wooooooooooohoooooooooo!!!! xxxxx

[Parkvale]

Whoppers on Parky.

[photoman]

just subscribing.

Great directions !

[hedgey06]

Whoppers on Parky.

 

Cheapskate!!! I asked for a classy McDonalds!!!! xxx