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Wow i've had an offer


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I've started proceedings against NatWest and have now had an offer through their solicitors for £2,200. My original claim was for just under £5,000. Do I now hold out for the full amount because, as I see it, they have now admitted liability by offering money to me. Would it be a risk going in to court now? Could I possibly lose the money offered to me? Deal or No Deal????

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Come on, do you really need to ask the question. If they are caving in readily to hand you back 2.2k, then they are obviously trying to palm you off. Go for the 5k. It is your money after all.

NatWest-

Data Protection Act Request sent 12/04 (Statements arrived 09/06/06!!!!!!!!!)

Parachute Account Created 25/04

Preliminary Letter Sent 09/06/06 reply received 14/06/06

LBA Sent 14/06/06 reply received 20/06/06

Moneyclaim request issued 27/06/06

Defence arrived 29/07/06

Offer of 50% from Cobbetts 03/08/06

Settled in full 23/08/06

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Reply back accepting their offer as an interim payment only, but advise you will continue to pursue the full amount.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Thanks dgf1973 and barracad for your support.

Can anyone help with wording a letter to NatWests Solicitors accepting their offer as an interim payment and still saying that I will continue with my case.

 

many thanks to everybody:)

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I would not accept a cheque for that amount whether it was interim or not as I believe that (as you say) it is an admission of guilt and they know that they are in hot water. I think that if you refuse this offer, the next offer that they make will be for the full amount.

 

However, if you decide to accept this as an interim payment, I would just put something like whats below (I'm no expert though so would get second opinion - and maybe a third/fourth):

 

"Re: Your ref. (what ever the reference no. at top of their solicitors letter is)

 

Thank you for your letter dated *****.

 

Unfortunately, I am unable to accept your offer of £2,200 as payment in full and final settlement of my claim.

 

I maintain my claim for £5*** and seek to recover the full amount from your client. I am, however, prepared to accept a cheque for the amount of £2,200 as an interim payment.

 

Please do not hesitate to contact me if I can be of any further assistance.

 

Yours sincerely,"

 

How far did you get with the court proceedings before you got an offer?

 

Good Luck, Luv Jxx

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Thanks Jpet77 - we have no date for the hearing as yet - but the defence is three and a half pages long asking questions etc. Is there anybody who has actually taken NatWest to court and won? Or maybe it doesn't go that far and they settle beforehand?

 

Should i state to their solicitor - without answering the questions in their defence - that I will drop the case for a full refund plus costs and nothing more.

 

After reading their defence (and not understanding a lot of it) i'm feeling quite bamboozled. They are giving me till the 9th June to reply to their questions.

 

Thanks all for help and back-up :oops:

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Sorry if I'm not allowed to do this, but I have copied and pasted the below from Martin Lewis's website:

 

"in the rare event it does enter a defence, just do nothing. The next thing that will happen is that you will receive a Court Allocation Questionnaire - fill this in (very simple and very quick) and return it to the court (you must do so within 7 days of receiving it). Pay any additional fees at this point. Send a photocopy of the questionnaire to the bank - it is debatable whether you need to do this or not, but it's better to be safe than sorry over the price of a stamp.

 

The court will now set a date (if the bank hasn't already given your money back by this point - and most will have done). Some (actually only one has ever got this far) might actually attempt to win in court - they may claim that the charges are for an extra ser

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Thanks Jpet77 - we have no date for the hearing as yet - but the defence is three and a half pages long asking questions etc. Is there anybody who has actually taken NatWest to court and won? Or maybe it doesn't go that far and they settle beforehand?

 

Should i state to their solicitor - without answering the questions in their defence - that I will drop the case for a full refund plus costs and nothing more.

 

After reading their defence (and not understanding a lot of it) i'm feeling quite bamboozled. They are giving me till the 9th June to reply to their questions.

 

Thanks all for help and back-up :oops:

 

If you have a look at my thread (headed have I opened a can of worms?) you will see that they asked me for answers to their defence and I was given brillant help - this might be helpful to you.

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Thanks so much Jpet and Mountain for your kind replies. Can I ignore the solicitors letter and just wait for the questionnaire from the court, then send a copy of the questionnaire to the bank after I have filled it in.

Mountain - what happened to you, did you go to court in the end or did you accept the offer? Or shall I send Jpet's letter --------- ooooooh I'm so confused now. I'm off this weekend and would like to settle this today before I go - can someone please advise again. Thank you, thank you, thank you

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Well I rejected their kind offer - but am being to wish I'd accepted it now as tomorrow is the last day for me to hand in my court allocation form (together with another £100 that I really haven't got)

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Before I had a chance to post the letter to their solicitors refusing their offer, I have received a letter with a Notice of Transfer of Proceedings and a notice of their Defence in which the first para reads:

This Defence is filed and served without prejudice to the Defendant's case that the Particulars of Claim do not disclose reasonable grounds for bringing a claim against the Claimant to recover the bank charges (and interest thereon) referred to in the Particulars of Claim or any other sum(s). In the event that the Claimant does not properlyu particularise his claim then the Defendant will apply to strike out the claim and/or for summary judgment in respect of same.

 

They are also asking for the account number (which I'm sure they have) and each and every charge which has been applied to the accounts giving details etc etc. All facts and matters relied upon by the claimant in contending that the charges identified in response to 2.21 and 2.2.2 above were unenforceable or that the Defendant was not entitled to make such charges.

 

and it goes on and on.... and its been signed by the defendants solicitors (Cobbett).

 

Also I have a Request for further Information and Clarification - NOTE IMPORTANT.... no 1. states "This request is served pursuant to CPR Part 18.

I am asked to provide a response to this request in accordance with CPR Part 18 by 9 June 2006. It goes on to state that if I'm not able to provide adequate responses I should contact the solicitors and tell them when I will be able to provide a response.

 

Can anyone help on this please.

 

Many thanks

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If you go to my thread (headed "have I opened a can of worms") you will see a brillant answer suggested to me by another member of this forum, who also suggested the wording of a CPR 18 request of my own.

 

 

hth

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  • 2 weeks later...

Just to let you know that I received a cheque from Cobbetts this morning and they have paid in full.

 

People it DOES work - keep at it - they won't take you to court because its cheaper to pay you out.

 

Thank you to everybody who helped me and I will make a donation today.:grin:

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Just to let you know that I received a cheque from Cobbetts this morning and they have paid in full.

 

People it DOES work - keep at it - they won't take you to court because its cheaper to pay you out.

 

Thank you to everybody who helped me and I will make a donation today.:grin:

 

Hi mate,

A quick question.

How long did the entire process take? I mean how many days from the day you completed your moneyclaim application to the day you received your refund?

Thanks mate.

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Great news. Congratulations. Gives hope to us all.

 

Tony :D

Original Claim (9 months charges) put on hold. 25/5

Data Protection Act 6 Years Statements request sent 26/5 (Sent recorded, Lost! Claimed from Post Office 14/6)

New DPA handed into local branch 14/6

LBA for DPA sent 26 July

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Hi mate,

A quick question.

How long did the entire process take? I mean how many days from the day you completed your moneyclaim application to the day you received your refund?

Thanks mate.

 

If its anything like mine, ruddy ages!

 

Lets look at the potential timescale:

 

Day 1 - Moneyclaim application made

Day 6 - Claim deemed to be served

Day 20 - Last day for acknowledement (which they usually do on the last day!)

 

If no acknowledgement made - great you win by default but usually, depending on size of claim they will acknowledge!

 

Day 34 - last day for submitting a defence and then in my case,

 

Day 48 - last day for ME to submit a response to their defence.

 

Usually an offer of a partial settlement would be made at this point

 

Around Day 60 mark - last day for court transfer allocation papers to be received by the local county court.

 

Around Day 70 mark - usually an offer of full settlement is made.

 

 

And this of course forgets the 28 days you've spent on letters, both normal and pre-legal before you even get to this stage!

 

hth

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Before I had a chance to post the letter to their solicitors refusing their offer, I have received a letter with a Notice of Transfer of Proceedings and a notice of their Defence in which the first para reads:

This Defence is filed and served without prejudice to the Defendant's case that the Particulars of Claim do not disclose reasonable grounds for bringing a claim against the Claimant to recover the bank charges (and interest thereon) referred to in the Particulars of Claim or any other sum(s). In the event that the Claimant does not properlyu particularise his claim then the Defendant will apply to strike out the claim and/or for summary judgment in respect of same.

 

They are also asking for the account number (which I'm sure they have) and each and every charge which has been applied to the accounts giving details etc etc. All facts and matters relied upon by the claimant in contending that the charges identified in response to 2.21 and 2.2.2 above were unenforceable or that the Defendant was not entitled to make such charges.

 

and it goes on and on.... and its been signed by the defendants solicitors (Cobbett).

 

Also I have a Request for further Information and Clarification - NOTE IMPORTANT.... no 1. states "This request is served pursuant to CPR Part 18.

I am asked to provide a response to this request in accordance with CPR Part 18 by 9 June 2006. It goes on to state that if I'm not able to provide adequate responses I should contact the solicitors and tell them when I will be able to provide a response.

 

Can anyone help on this please.

 

Many thanks

 

 

Quick question, did you take Mountains advice and respond to the CPR Part 18 request using the advice in her thread, or did you just ignore it. Because from what i've read all over the forum you don't have to answer, but it could be frowned upon by the courts if you don't??

 

btw, ruddy well done!!

NatWest:

Sent LBA on 12 May.

Submitted MoneyClaim on 30 May.

Acknowledged 7 Jun, 3 Jul deadline for response

Defence filed 4 Jul

Received their copy of AQ 21 July, awaiting court date

*********** SETTLED IN FULL - 17 August *************

Egg Card:

Requested Payment Protection Refund on 20 May,

Sent Data Protection Act request, egg acknowledged,

8 Jul deadline for response.

26 Jul: Sent Prelim Letter

01 Sep: Sent LBA

Citibank:

Not Started

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