kateandpete V NatWest ***WON***

[mfwl]

Having spoken to MCOL with the same concern, they said I have to wait for the defence to be filed, if it is, then they request the documentary evidence with the questionaire.. here's hoping they forget!

 

Matt

 

4/9/06 - £1156.00 + £148.18 INT + £120.00 FEE.

 

Awaiting defence!

[kateandpete]

Cobbetts have just filed their defence. Wonder what it says. Tee-hee-hee

[kateandpete]

Well it landed on the doormat today. It's a standard defence and CPR part 18 request. The interesting thing is that there are crumbs of cake in the envelope! They must be living the party lifestyle on NatWest's fees down at Ship Canal House .

 

I'm going to reply saying that I won't answer the CPR part 18. But I will include my breakdown and account details.

[kateandpete]

So I also told them that I considered their CPR PArt 18 request to be intimidatory, and that I would bring it to the attention of the court. I also said that if they consider it to be other than an abuse of process to request information in this manner, then I feel forced to make a reciprocal request. Then I made my own CPR Part 18 request for evidence of costs to the bank etc. etc.

Thanks to the_toilet_bandit for putting this all up as a good reply. I merely plagiarise.

 

Also have just filled in AQ asking for standard disclosure of same costs. Will drop it at the court in the morning.

[kateandpete]

Got a letter this morning from Cobbetts. Exactly the same as a few others on here. Apparently, they object to my allegation that the Request is intimidatory! Well, I object to their objection:rolleyes:.

 

Seriously, should I also send the letter I sent to Cobbetts refusing the CPR Part 18 to the Court. I've also not sent the Court my schedule of charges, should I do this and if so how?

[Ollie-Bollie]

Seriously, should I also send the letter I sent to Cobbetts refusing the CPR Part 18 to the Court. I've also not sent the Court my schedule of charges, should I do this and if so how?

 

Having phoned the court this morning they said to send a copy of our schedule of charges as "to have it and not need it is better than to need it and not have it!!" So we just printed another off but added the claim number to it and a covering note apologising for leaving it out. I must admit we haven't sent the court a copy of our letter to Cobbetts declining to answer the CPR Part 18 request.

[kateandpete]

Okay, thanks. I'll do that too. Better to be safe than sorry

[kateandpete]

Copy of the bank's AQ landed on the doormat yesterday. Nothing else though.

[Ollie-Bollie]

Ditto. Our timeline is exactly the same. Surely it can't be much longer though befofe either an offer or capitulation................

[Plutos]

Cobbetts is doing so well out of Natwest that they are moving:

 

Cobbetts is moving...

 

!!!!

 

PL

[kerriegeorge]

im running at the about the same time scale as u - i also res'd corbetts AQ yesterday - keep me updated as i will u x goodluck x

[kateandpete]

OFFER RECEIVED TODAY!!

 

for 1400 on a 3500 claim. they must be joking. anyway am sending this...

 

I acknowledge and refer to your letter dated 4 October 2006.

 

I respectfully decline your offer of £1400 and request, once again, the return to me of all charges imposed on this account, interest and court fees.

 

I will accept the sum offered as part settlement on the clear understanding that I will pursue recovery of the remainder.

 

I will be prepared to withdraw my claim only upon unconditional receipt of the full amount which now totals £3488.19 and which is accruing interest at a daily rate of 0.0219%.

 

I enclose, for your information, an updated schedule of charges.

 

I trust this clarifies my position.

 

 

[kateandpete]

Forgot court fees in the first draft. I also thought about adding in amounts for postage, but as the recorded delivery was more for my peace of mind than essential I decided to leave it. So ammended penultimate paragraph now reads:

 

I will be prepared to withdraw my claim only upon unconditional receipt of the full sum. This now amounts to £3488.19 which is accruing interest at a daily rate of 0.0219% plus £220 court fees giving a current total of £3708.19.

[Ollie-Bollie]

Excellent! I wish now that we had sent an updated spreadsheet too although we did say what our new total was (increasing daily) and how much our court fees were.

 

As you say, it really can't be too long now.

[kateandpete]

Received today: NOTICE OF ALLOCATION TO THE FAST TRACK in the Warrington County Court.

 

Needless to say, i'm rather concerned about this and would appreciate some input. Also the Notice asks the defendent to file and serve the specified information pursuant to rule 18 request dated the 13th of september. Cobbetts made their part 18 request on that day, so i assume this is a mistake and they mean claimant rather than defendant. I've already sent my list of penalties and interest and account details both to cobbetts and the court, do i need to do this again? Is there some form to state that this is submitted to satisfy the part 18.

 

It goes on to say, "there be standard disclosure of documents by list between the parties by serving copies together with a disclosure staement by 4pm on the 29th november". Does this mean the bank has to comply with my request to reveal the banks costs? If not, how can i request this. I did ask the judge for this in my AQ.

[tracyno1]

Hi, we are at the same level and both going through the fast track at warrington, my paperwork from the court was slightly different ( i have copied them onto my thread ) i am a bit confused about the disclosure bit aswell, a moderator said on my thread we can ask natwest to disclose their breakdown of charges so i am just getting all my documents ready to day, bit of a head wrecker! They have to be in for Monday. My main request will be that the court requests natwest to disclose a full break down of all charges on my account, i'm hoping this will nudge cobbetts to pay up. Good luck. Tracy

[kateandpete]

Thanks tracyno1, good to know we're not alone. We're away for the weekend, but when i'm back i'll put the full wording of the notice up.

[BankFodder]

Congrats on being on the fast track. That should get things moving a bit.

 

Make sure that you comply with their part 18 request - but don't do it slavishly.

 

Pm me about sending me a scan and we can go through it

[kateandpete]

ok - thanks for looking at this, BF:). I'll PM you tonight when we get back home.

[kateandpete]

tracyno1 had a case - same court, same bank, same track that has just settled today so i'm hoping the fact that we've been fast tracked is a good thing.

 

here is the wording of the notice of allocation...

 

DISTRICT JUDGE XXXXXX has considered the statements of case and allocation questionnaires filed, the issues raised being such that the court considers that the claim is unsuited to the small claims track, and allocated the claim to the fast track.

 

The defendent shall file and serve the specified information pursuant to Rule 18 request dated the 13th September 2006 by 4pm on the 1st November 2006.

 

There be standard disclosure of documents by list between the parties by serving copies together with a disclosure statement by 4pm on the 29th November 2006.

 

A defaulting party will not be permitted to rely on any document of which disclosure has not been given pursuant to this order.

 

Each party shall serve on every other party the statements of all witnesses as to the fact upon which he intends to rely at trial. There shall be simultaneous exchange of such statements no later than 4pm on the 27th December 2006.

 

The witness statements shall stand as evidence in chief at trial.

 

No expert evidence being necessary, no party has permission to call or rely on expert evidence.

 

The matter be listed in a three week trial window commencing the 13th March 2007, with a time estimate of 3 hours.

 

The pre-trial check lists be filed by 4pm on the 7th February 2007.

 

The claimant shall file with the court not less than 7 days before trial a bundle comprising of the following;

 

an agreed case summary

 

an agreed proposed trial timetable

 

the pleadings

 

the statements of the parties and witnesses as to fact

 

the skeleton argument and reports of any cases upon reliance is placed

 

Any party affected by the terms of this order may apply to have it set aside, varied or stayed within 7 days of receipt.

There is attached a pre-trial checklist.

 

On the way back from our little weekend away i dropped in at the court and picked up a form - N265 standard disclosure.

 

It seems that i now have some work to do .

[kateandpete]

With the invaluable assisstance of BF, sent the following part 18 response to Cobbetts and the Court.

 

17th October 2006

 

Response to CPR Part 18 Request

Claim No: XXXXXXXX

 

Dear Ms. Burgoyne,

 

Now that this matter has been allocated to the fast track, please find below my responses to your part 18 enquiry.

 

Please understand that it is clear to me and to the court that you are asking questions which are already within your knowledge and as such serve merely as an attempt to obstruct and intimidate legitimate claimants acting in person.

 

For your information and the information of the court I state here that one copy of my schedule of charges was sent to your Manchester office by recorded delivery on 15th September 2006 and a second copy was delivered by hand to your Manchester office on 6th October 2006 and a signed receipt obtained.

 

Paragraph 2.1:-

 

Account Name: kateandpete's account

Account Number: XXXXXXXX

Sort Code: XXXXXX

 

Paragraph 2.2:-

 

This is contained in the attached schedule of charges which has already been provided to you on two previous occasions and to your client a further two previous occasions.

 

Paragraph 2.3:-

 

(a). Yes.

(b). This has been explained on the particulars of claim.

©. Not applicable.

(d). This is contained in the particulars of claim. Under common law and unfair terms in consumer contract regulations the defendant is entitled only to recover actual losses caused by the claimants breach.

(e). Not applicable.

 

Paragraph 4.1:-

 

Please refer to your standard terms and conditions which form the basis of your current account contract.

 

Paragraph 4.2:-

 

Yes.

 

Paragraph 4.3:-

 

This information is contained in the attached schedule of charges. Four copies of which have been previously supplied to either you or your client.

 

Paragraph 6:-

 

This information is contained in the particulars of claim, but for the avoidance of doubt, it is settled law that the defendant is only entitled to recover actual losses incurred by the claimants’ breach.

 

 

Yours sincerely,

 

kateandpete

 

 

Next step is to prepare my list for standard disclosure...

[Ollie-Bollie]

Way to go! Continued good luck with it all - you know we are following with great interest.

 

Ours seems to have come to a grinding halt. Have heard nothing again today!

[kateandpete]

*SETTLED IN FULL*

So on receipt of above letter, they issued a cheque for £3708.81 :grin:

 

They attached a confidentiality clause. I phoned yesterday to say no deal. Letter arrived today scrubbing confidentiality.

When the cheque clears I will take a notice of discontinuance to the court and donate my 5%.

 

I'd also like to make some noise re. complaint letters and perhaps the press?

 

Thank you to everyone on here, especially bankfodder who expertly guided me through the final stages of this.

 

But folks - it ain't over . I have another claim against NatWest. It is for less charges, but i'm going to go for contractual interest this time .

I also have ongoing claims against Ikano, Egg, Egg again and an interesting, intricate case involving default removal with HSBC.

 

But I think the first victory will be the sweetest!

[tracyno1]

Congratulations, I have been watching and hoping to see you settled not to far after me. Like you my win has spurred me on to other accounts and once i have sent back my notice of discontinuence i will be pursuing natwest for more. Well done and enjoy the celebrations.

Tracy

[saint-luco]

many congrats , they recieved my sar on friday, hopefully will get same result as you...WELL DONE