Lisa battling NatWest

[hedgey06]

OK got it. Yes definitely an acknowledgement. So they have 28 days from then to file a defence? Do they file a defence or is it a scare tactic?

 

They do file a defence most of the time. The odd claim does slip through their net, but they're usually pretty diligent at filing the defence.

 

Once they file a defence what do I do? Do I start the judgement? They already have the evidence or they should.

 

Once they file the defence (don't worry when you get this by the way) your claim will be transferred to your local county court. You can't try to enter judgement once they've entered the defence, you only do this if they don't defend at all.

 

This is my first claim and not feeling so confident right now.. ugh! I know I should but I'm desperate for that money right now so eager to know what I'm doing is right or I'm not missing or prolonging anything.

 

Don't worry - it's scary at first, but it's all pretty standard! Have a read through the thread that's linked to my signature (scroll down the page and click on 'nat west claimants') as this should give you a good idea of what to expect next.

 

But above all............ don't worry, you'll get all the support that you need on here, and you'll be fine! x

[Micky the Hippo]

Hey Lisa, what Hedgey says, as per

 

Cobbetts seem to specialise in trying to intimidate and bully people, tey might send their horrid defence straight to you

 

don't let them rattle you or unnerve in any way at all, that's what they're trying to do

 

my B defence is three pages of polite and sensible denial, the NW one is nine pages, six extra pages of bluster and intimidation and veiled threats

[::Lisa::]

Thanks everyone You're all stars

 

UPDATE: Just to let you know that I received the 'official' defence from Cobbetts today.

 

There are 3 parts...

1. A letter stating that they have filed a defence and request for more info,

2. Request for more information and clarification (asking me to do the stupid CPR Part 18 ) I'll look into the templates about this later today.

3. The defence. It says under this that they're saying they haven't received the admission of what charged have been debited! I definitely sent the details of the spreadsheet to the court and I even have scans of bank statements with highlighted charges! I might send them. Do I send directly to Cobbetts or the court?

[hedgey06]

Hi Lisa, send cobbetts the letter as advised in this link and attach a copy of your schedule of charges - copy to the court. Then sit back ............ and wait for the court's directions. xx

[::Lisa::]

They want me to provide all info about the "Unfair terms in customer contracts regulations 1999, the unfair contracts terms act 1977 and at common law" do I include that also or ignore and stick to the below draft? I don't get all this jargon. (I feel stupid!)

 

Here's a draft of my letter so far...

 

My name

street

area

postcode

Cobbetts LLP

58 Mosley Street

Manchester

M2 3HZ

 

27th July 2007

 

Dear Sir or Madam,

 

Claim No: 7QT08830

 

I acknowledge the receipt of the defence posted on behalf of National Westminster Bank PLC.

 

I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative.

 

Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. However, for clarity, I confirm the charges I am claiming were applied to the following account:

 

Account Name: our names

Account number: our a/c no

Sort Code: our sort code

 

Please also find enclosed a breakdown of all charges I am claiming.

 

I have also provided everything I feel is necessary and obliged to. But for your information and clarification I once again submit the following;

 

Account Name: our names

Account number: our a/c no

Sort Code: our sort code

Amount claimed: £amount

Schedule of charges: Please see attached schedule.

 

We are also prepared to furnish any additional information to the court should the Judge so request it at a later stage.

 

A copy of this letter has also been CC’d to the court.

 

Yours Faithfully,

 

 

::Lisa::

I also can't login to the MCOL either... ugh!!!

[Micky the Hippo]

what hedgey said about the cpr18 and presumably what you've done

 

and their defence is garbage, ignore it, I have mine

[::Lisa::]

Well buggar. I sent my CC letter to Natwest court then got a letter that they'd transferred to Notts. I guess I'll have to send that letter again to ensure they have got my letter as a precaution.

 

Or will Northampton will have forwarded/Faxed it on for me?

[::Lisa::]

Hi all,

 

Please could you help me with action on the following letter I received from the court. I'm at the stage now where Cobbetts filed a defence and the court just transferred from Northamption (MCOL) to my local one in Notts.

 

Before district judge Reeson sitting at nottingham county court, *address*

 

Upon reading the file and upon it appearing that the issues in this case are to be considered by the commercial court in case number *******

 

On the courts own initiative

 

IT IS ORDERED THAT:-

 

1. This case is stayed with immediate effect pending the final determination of the case in the commercial court. Any listed hearings in this case are vacated and will not take place

 

2. Either party may apply to the court to lift the stay. Any application must be served on the other party and be supported by evidence why the case should be proceeded before the determination of the commercial court case

 

3. Unless the court has given directions in the meantime the defendants must apply on notice to the court for directions not later than 3 months after the determination of the commercial court case

 

4. This order has been made on the courts own initiative, either party may apply to vary or revoke it provided the application is made no later than 7 days after the service of order

 

5. Explanation. The very many cases about bank charges that are being brought raise issues of principle that need to be decided by the high court, in particular whether bank charges paid can be recovered because of the contrast with the bank imposes an unlawful penalty, or because the terms of the contract are unfair and infringe legislation. The office of fair trading and several banks are co-operating to have major issues that arise in many of the cases decided by the high court. The commercial court decision should be known by February 2008. It is appropriate for this case and many other cases to await the decision of the commercial court

 

 

Dated 06 August 2007

Does this mean everything I've done to date means f-all now? Please help. I'm supposed to reply in less than a week and need time to get that back to them too. I can't believe this!

[steven4064]

Lisa

 

This is happnening a lot. You can apply for the stay to be lifted - see here

 

I don't know what Northampton's response would be.

[abroadgirl]

it appears so heres what i have just faxed the court ( i havent had my date yet only my bank has to offer or make a settlement by 17th aug thats where im up to but i have sent my letter to them)

here is what u can send or fax.

[edited].

[::Lisa::]

Wow thanks. That looks awesome. It's been printed and being sent off today. I can't believe the court has only given me 7 days to reply from the day they printed their letter. Which means if Royal Mail are slow to send to me and me sending my stuff back then I'm screwed. Bit silly really.

 

Thanks ever so much. I hope they agree to keep my case running. I knew from day 1 something would go wrong.

[abroadgirl]

your welcome its a shame you couldnt fax it then you knew they got it there n then laughs i fax my letters hahahahah

take care good luck hugs

abg

 

i have a thread if you would like to pop in

abroadgirl v abbey

 

x

p.s. dont forget to click my scales if i have helped in any way

ty

[::Lisa::]

Just an update. I sent the letter that day. Never heard from them again so they've since ignored my letter and put the stay on anyway *sigh*

[livelylad]

5 threads merged and thread title changed

 

please keep to the one thread when asking questions or updating .This is in your own interest as you will get much more informed advice when people can see at a glance what you have done so far

[::Lisa::]

5 threads merged and thread title changed

 

please keep to the one thread when asking questions or updating .This is in your own interest as you will get much more informed advice when people can see at a glance what you have done so far

Wish you'd have PMed me first before doing this as most of them could of been deleted/or I didn't want merged They don't keep with the actual thread now with diff q's all over the place.

 

Also, I got faster help starting a new thread (hence why I did it).

[::Lisa::]

OK as I said before then. The court put a stay on my case. I got a letter then I needed to reply asap, which I did, they ignored the fact that I sent my letter before deadline and saying if I wanna lift stay I gotta pay £65.

 

What to do now? I can't afford this and also I don't have it in me to fight much longer. Seems the court and everything are against me now *sigh*

[hedgey06]

Lisa, phone the court and explain that you just don't have the funds available to apply to have the stay lifted - you may find that you're exempt from fees.

 

You'll need to complete form N244 and attach the stay template to try to have it lifted - but I really do think it's worthwhile attempting. As you've said previously, you're not working, your husband's your full time carer and you have a serious medical condition. You need to put these facts over to the Judge - and the only way to do this is to try to have the stay lifted and to attend a hearing to plead your case.

 

I know it's really disheartening at the moment, but keep your chin up and please consider the above.

 

Best of luck

[::Lisa::]

Lisa, phone the court and explain that you just don't have the funds available to apply to have the stay lifted - you may find that you're exempt from fees.

 

You'll need to complete form N244 and attach the stay template to try to have it lifted - but I really do think it's worthwhile attempting. As you've said previously, you're not working, your husband's your full time carer and you have a serious medical condition. You need to put these facts over to the Judge - and the only way to do this is to try to have the stay lifted and to attend a hearing to plead your case.

 

I know it's really disheartening at the moment, but keep your chin up and please consider the above.

 

Best of luck

Wow it is absolutely necessary to attend a hearing just to lift a stay? yes your right about the me being ill and hubby being a carer, I can't see them giving a damn. Looks like they've already sided with the bank. I don't even have the spare £65 to fork out to them (even if I'm going to get it back).

 

I had to fight with the DLA for almost a year. I just don't have it in me to do this too. I will not let them win fully but I'd rather wait and recharge. Nothing is easy with ANYTHING I do, all seems to go wrong (or how it seems right now). Why would they ignore my letter even though it was sent back during the allocated time. Shouldn't that mean the stay gets lifted free of charge (because I wrote back quick)?

[hedgey06]

I totally understand your frustration Lisa - this is a really awful time right now and you're in a particularly difficult position because you're not in the best of health.

 

I don't think they've ignored your letter - they've looked at it and decided that (like most courts) they'll want to treat this in the correct manner and hold a hearing to listen to your reasons as to why the stay should be lifted. In your particular situation, you can argue both financial hardship and ill-health.

 

Have a look in the new stays forum - a stay was lifted at Eastbourne (I think it was that court) on the above grounds. The claimant has posted up full details of what happened at the hearing which could be really useful for you if you decide to go ahead and try to get the stay lifted. And with regards to the £65 fee - it's really worth phoning the court to see if you're exempt from paying the fee.

 

I'm sorry I can't be of much help at the moment Lisa - if I could, I'd phone the court myself and tell them to lift the stay on your claim!

[hedgey06]

This is the thread I mentioned in the above post Lisa http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/111313-stay-lifted-eastbourne-county.html

[::Lisa::]

OK back and having thought about it, I'm deciding to continue as is and apply to get the stay lifted with the application and the application to dismiss the fee together.

 

If anyone is looking, whats the best method? I want to check "without a hearing" at the top but is that silly and they'll just say no anyway? Which is best?

[::Lisa::]

Nevermind, I found this thread and have followed instructions.

 

I have wrote this letter (below) attached with both the EX160 and the application notice and the evidence of my benefits.

 

Mrs ::Lisa::

My Street

My sub-area

Nottingham

My postcode

Nottingham County Court

60 Canal Street

Nottingham

NG1 7EJ

 

5th September 2007

 

Application for removal of stay and EX160 form

 

Dear Nottingham County Court,

 

Court case: *******

 

Thank you for your letter dated 29th August 2007, in which you state that for removal of the stay I must therefore make in application form plus the additional fee. I have included this letter for your easy reference also.

 

Included with this letter is my application notice. It must be noted though that I am immobile and have checked the “without a hearing” check box. If it is needed that I do need to attend a hearing, please note my mobility issues. Due to being physically disabled, I am therefore exempt from the fees incurred for the application notice. I am in receipt of both disability living allowance and income support.

 

I have included also the evidence of my income support; this consists of a letter stating my weekly amounts as well as a copy of my last payment into my bank account, which has been highlighted for your reference.

 

Should you need any further information, do not hesitate to contact me. I will be glad to assist further.

 

Yours sincerely,

 

*my siggy*

 

Mrs ::Lisa::

 

Does that look OK? I will be sending it later at about 4pm

 

Thanks,

Lisa

[steven4064]

Looks OK. Presumably you are applying for the lifting of the stay on hardship grounds

[::Lisa::]

Looks OK. Presumably you are applying for the lifting of the stay on hardship grounds

Hi Steven, thanks for replying. Umm I don't know to be honest. I haven't put that. I copied the info into the part C from the thread I linked from.

 

I didn't know that you could apply for it on hard ship since if you are then you are assuming that you're automatically going to win lol.

[steven4064]

The FSA has given the banks a waiver in that they don't have to keep to their customer complaints procedures for bank charge complaints except in hardship cases. This is being interpreted by the courts as a reason to consider lifting stays too