faceeyes VS Natwest

[steven4064]

You absolute star! Thank you

 

Glad to be of assistance

 

Do I include the court fee in the total claim or is it (total claim excluding any interest or fees) x 0.08/365

 

This - without court fees

 

Steven

 

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[faceeyes]

So no court fees, ok, but what about the already calculated interest.

 

My figure is 2676 then i have added 378.23 in (8%) interest up to today.

 

So i would calculate the day using just the 2676 x(.08/365)

[steven4064]

So no court fees, ok, but what about the already calculated interest.

 

My figure is 2676 then i have added 378.23 in (8%) interest up to today.

 

So i would calculate the day using just the 2676 x(.08/365)

 

In your claim write

 

"a) The return of charges debited to my account of £2676 (two tousand.....)

b) Court Costs

c) Interest under s69 of the County Courts Act 1984 at the rate of 8% per year of £378.23 (three hundred .....) and also interest at the same rate up to the day of judgement or earlier payment at a daily rate of 0.022% (equivalent to £0.58/day)"

 

Steven

 

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[faceeyes]

You gem

 

Thankyou sir

[steven4064]

You gem

 

Thankyou sir

 

My pleasure

 

Steven

 

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[faceeyes]

Thanks all for their help at this stage it's be very much appreciated.

 

I have just received my confirmation letter from Northampton regarding my file and Natwest will receive papers on 5th June.

 

Now what do i send to the court (i assume just the list of charges i have done in excel) and also do i send it to the Northampton address? Hardly my local court though as i live in Kent

 

If i do send the schedule of charges, i have just added some more on since i filed the claim, should i state in a cover letter that additional charges have been added since i filed and they are included in the spreadsheet or should i just be sending the charges i have filed for?

 

Thanks all!

[steven4064]

You send the schedule of charges with a covering letter quoting your claim number. You can't add more charges once you have filed your claim - the scehdul you sedn must add to up to what's on your claim. The only way you can add more charges now is by using a from N244 and that costs £35 which you can't claim back

 

Steven

 

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

[faceeyes]

Oh right, thanks matey. So how do i deal with the charges they are going to apply between now and completion which is guess is going to be 2 months and with interest its going to stack up a further £200 approx.

 

Thanks again

[steven4064]

So how do i deal with the charges they are going to apply between now and completion which is guess is going to be 2 months and with interest its going to stack up a further £200 approx.

 

You will have to start again from the prelim stage (presumably you will make sure you keep all your statements). However, in the prelim you will point out how you have just won through the court and, hopefully, they will just give you the money without (much of) a fight.

 

Steven

 

If this post is helpful, please click the scales

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

[faceeyes]

ooooo, what a pain.

 

Thanks for the tip.

 

I have just printed out my list of charges with the interest on, however the amount is different because a few days have passed since i filed and the interest has added a few quid on. Will this be ok, since it will continue to grow for every day that passes that they dont pay? Or should i change the clock on my computer or something to trick it into working out the sum on the date i filed?

 

Cheers

[steven4064]

With every stage of the process )up until you make aclaim in court) you can adjust the schedule as more charges/interest are added

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site.

[faceeyes]

Hi Steve

 

yes mate I understand that and have been doing so but now i hvae filed and i have also chosen the s69 route (as you know) which means the total will change every day until they pay up. So if the schedule i printed out today is slightly more (due to this interest) is that ok? ( i have NOT added any charges on since i filed the claim though).

 

Chris

[steven4064]

Sorry forgot which thrad I was on! On your claim did you put on the PoC something like "s69 interest at 8% per year (0.022%/day) of £xx plus interest at the same rate up until the date of judgement or earlier settlement"

 

I don't think it matters, the court knows the score with s69 interest (so does the defendant - at least they ought to by now!!)

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site.

[faceeyes]

No worries

 

Yes exactly, that's what i put on the claim.

[steven4064]

IN that case, it will all come out in the wash

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site.

[faceeyes]

Ok all

 

Here's another update

 

Natwest were deemed to have papers served on 5th June.

 

Awaiting any repsonse, however...

 

I have received a letter demanding payment of the account in full, return of all cards and cheque books AND threatening legal action to recover the monies owed to the bank.

 

I have just called and told them about the dispute and the current situation and they asked if i could make any payments to the account at all. I explained NO as this would effect my case in court as I would be seen as agreeing and paying the charges. Is this correct of me to say i ask you all?

 

Also they said that they would serve me a default notice and if not paid in 28 days they would default my credit score and recover the money through a legal proceeding.

 

Now i explained that their actions are illegal as the account is not only in dispute but they have been served papers by the court on the matter.

 

He put me on hold for a few minutes and came and said ¨ no sir my manager says we can get the money back from you regardless of the situation and you have 28days from the default notice to pay otherwise we will take further action and register a default with the agencies¨

 

He did then apologies and say it was their formal procedure but i also explained that if they did then i would follow up with further legal action to have the default removed and also compensation for any loses. Considering this is right in the middle of a mortgage application and house purchase, and the default prevents me from getting my morgage i can slam them in court.

 

They cant surely default me when i am taking them to court over the matter can they?

 

Any advice on how i should deal with them or handle this?

[faceeyes]

Anyone? Please please please?

[Parkvale]

Faceyes, I shall get a moderator to have a look at this for you. So please don't panic. Good luck.

[alanfromderby]

Send a letter (if possible fax a copy - otherwise send by recorded delivery) outlining the details of the phone call, the fact that the account is in dispute, and that if they take any action whilst the dispute remains unresolved they will be in breach of the Banking Code - and you will escalate the matter to the Financial Ombudsman Service.

[faceeyes]

You gem thankyou

 

Would you advise that i paid the account off to stop any action?

[faceeyes]

Hi again all

 

Really need some legal advice now! PLEASE! PLEASE PLEASE!

 

I have today received a letter from Cobblers. Its the old intimidatory technique and is requiring further information from me or else basically. They are applying for a strike out unless i provide it. Can anyone help.

 

There is a long winded 4 pages of crap that goes over my head and then its summed up at the end what i need to provide by next week.

 

1) In your claim you state: ¨the defendant debited charges and interest in respect of purported breaches of contract¨

 

2) Please provide the following particulars in support of your claim:

 

2.1 In relation to each charge please identify (a) the date when the charge was charged; (b) the amount of the same; and © the reason(s) given for the charging of the same.

 

2.2 In relation to each charge, please clarify the following; and (a) is it the case of the claimant the same should not have been charged? (b) If yes; please explain why the claimaint contends that the same should not have been charged? © If no; is it the case of the claimant that the same should not have been charged in this amount? (d) If yes; please explain why the claimant contends that the same should not have been charged in this amount and identify the sum the claimant contends should have been charged. (e) If no; please state the claimants case.

 

3 In your claim you state the the charges are 'unenforceable under the Unfair Terms Act 1977 and the common law¨ and ¨they must be reasonable under s15 of the supply of goods and services act 1982¨ Please specify all of the facts relied on by the Claimant in support of the contentions in paragraph 3 above, and in particular please identify (a) the section(s) of The Unfair Contract Terms Act 1977 (¨UCTA 1977¨); (b) the regulations of The Unfair Terms in Consumer Regulations 1999 (¨the Regulations¨); and © the principles of common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable.

 

 

 

Is this pretty standard with a pretty standard answer? The other 4 pages are even worse!

 

FACEEYES!

[faceeyes]

Oh, also they state in the other four pages of legal stuff i dont understand that i am claiming more than six years which i cant do, except its exactly 6 years from the date my first letter and request for monies was delivered to natwest. So now its obviously going to be a few months more since they stretch it all out with this rubbish behaviour!

[hedgey06]

Hi faceeyes, is this the defence you've received with a CPR 18 response or something else??????? If it isn't, I'll ask a moderator to have a look at this for you.

[faceeyes]

It says on the front (and the back mind)

 

'REQUEST FOR FURTHER INFORMATION AND CLARIFICATION'

 

We enclose by way of service:

 

1 Defence

2 Request for Further Information

 

 

 

The first page in has DEFENCE written at the top and the first paragraph says

 

¨This Defence is filed and served without prejudice to the defendants case that Particulars of Claim do not disclose reasonable grounds for bringing a claim against the defendant to recover the bank charges (and interest thereon) referred to in the particulars of the claim or any other sum(s). In the event that the claim is not properly particularised then the defendant will apply to strike out the claim and/or for summary judgement in respect of the same.¨

 

 

This wad of paper contains a lot of stuff man i really dont get it all.

 

Cheers

 

Faceeyes

[hedgey06]

It sounds as though you've had one of their templated defences along with a CPR 18 request for further information. Send them the letter in this link here http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html along with a copy of your schedule of charges. I'll post an additional link for you to send a letter to the courts in a mo............ and here's the letter for the court! http://www.consumeractiongroup.co.uk/forum/natwest-bank/55874-letter-court-re-cpr18.html