Pot plant V Nat West WON

steven4064 · April 24, 2007

They claim that the particulars of the claim fail to disclose reasonable grounds for bringing a claim against them and that the claim is incoherent and does not disclose any legally recognisable claim against them.

They always say that - it's their standard letter and meant to intimidate you. Don't let them. There is plenty of advice on this site on how to proceed.

Initially, just send them a copy of your spreadsheet with a covering letter 'for your information'. Otherwise just wait to hear from the court. THe next thing you should get is the Allocation Questionnaire but some courts are not bothering.

If you do get an AQ go here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

if not, go here http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html

In either case, don't panic.

Steven

steven4064 · May 25, 2007

I think also, that if the worst came to the worst, you could probably use the latest T&Cs which you could get from your branch. The judge in the Birmingham case said he went on the internet looking for T&Cs and all he would have found would have been the latest ones. I think what you mustn't do is not put any T&Cs in at all.

The new NatWest T&Cs (Nov 2006) have obviously been carefully written to try and get round their problems but all they have really succeeded in doing is laying a trap for themselves regarding "disguised penalties" (IMHO).

I have posted some T&Cs for 2001 for a business account on the T&Cs thread. I think the bits about penalties are probably the same in the business and personal banking T&Cs. Hopefully we will be able to find out soon.

Steven

steven4064 · May 31, 2007

Hi potty

I think the two words in your last but one post might indicate the answer for a lot of us on this site: 'compromise' and 'fee'

Steven

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steven4064 · June 1, 2007

Pot plant

You need a leaflet EX343 "I want to complain" and a complaint form EX343 - you can download them from Her Majesty's Courts Service - Home

Steven

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steven4064 · June 3, 2007

Pot plant

Got this off another thread (please don't ask me where!) and I squirrelled it away

The case

Essentially there are three major parts to succeeding:

1) showing that there has in fact been a breach of contract on your part

2) showing that the charges incurred as a result are in excess of the cost to the bank

3) attempting to satisfy the court as to as to the true cost to the bank. That’s it.

Steven

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steven4064 · June 4, 2007

Also is their any legal jargon I should add to make sure they do send the T&C's within 14 days.

You can say you are applying for them under CPR Pre-Action Protocol 4.6©

Steven

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Any opinions are without prejudice & without liability. Everything I know concerning the law I learned from this site.

steven4064 · June 4, 2007

Forgot to mention, I just recorded the interview on BBC Radio 4 Moneybox with senior Judge Steven Girliss( not sure about spelling of his name) on an old dictaphone I have. I'm sure there are updated devices which could be taken into court as evidence that these case are becoming a postcode lottery and the law is not clear about these charges. He was speaking for district judges in London and clearly stated how confusing this mass litigation has become for them and how they are all reaching different decisions. Is there anyone out their that can add a link to this because it is VERY INTERESTING, especially to those who are approaching a court date. Potty.

Link: BBC Radio Player - Radio 4 - it's the second or third item

Steven

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