Just got the directions and I think I'm happy with the judge!!! ***WON***

[kazzor]

Hi,

Thanks for all this useful advice. This place is amazing. I have just issued with MCOL and I will keep you posted on the progress. I am claiming just under 5k and have had all the sod off letters from Nat West. So, let the battle commence......LOL knowing my luck I will be the test case and end up at court.

[fire fox]

Good luck Kazzor. Make sure you follow all the advice on here and read and read as much info as you can and you will be fine.

Foxy

[kazzor]

I have issued with MCOL and have had a reply from the courts and cobblers saying they intend to defend the claim etc.....But, when I issue dwith MCOL all the papers come from Northampton County Court. I live in Manchester so when can I ask for the case to me heard in a court near me.

[fendyweather]

At AQ stage. Calm down

MCOL are based in Northampton but they will choose court nearest to you when AQ comes out to you, so dont worry, you can change it when AQ comes if you so wish. Everything fine. No worries. Fendy xxxxxxxxx Read the FAQ's on here

[Bigmac versus]

Hi Kazzor this can be changed, it aint a problem.

[alf]

Hiya

 

Ok what will happen is you will get a defence from Cobbetts, that will tell you what they are defending for - my 2 claims were - lack of POC and also Prove that the Unfair Charges Act 1999 etc blah blah blah - OK!!!

 

Have you sent a copy of your Schedule of Charges to both Cobbets & the court, if not do so, they will use this as their defence.(****s)

 

After they have put in their defence, Northampton will then divert to a local court, nearer to you!!

 

Northampton is the MCOL Capital lol

 

 

Good Luck

 

xx

[kazzor]

Thanks....I didn't send my spreadsheet to the court AAAAAAARRRRRRHHHH I am going to do it tomorrow morning, am I too late?

[Parkvale]

Send it to the court and don't forget to put your case number with it.

[fendyweather]

Its not too late. Just get it sent to court and also copy to cobbets. Send both by recorded delivery so you know they get there ok. Always best to send recorded. Fendy xx

[kazzor]

Thanks everyone. Defence and CPR received today. Should I send this letter to the cobblers and the court?

Thanks;)

 

Claimant’s response to the request for further information

 

I have received a request from the defendants for further information, which they say is made pursuant to CPR Part 18.

 

However it is highly likely that this claim will be allocated to the fast claims track and I know part 18 does not apply.

 

The Defendant’s part 18 request suggests very strongly that I have not supplied them with enough information to mount a defence. Despite this they have submitted a very full and complicated defence.

 

I am anxious to be seen to be co-operating as much as I can and therefore I am providing the following information and sending a copy to the defendants.

 

In section 2.1 of their request, the defendants ask for a detailed breakdown of the charges that have been applied to our account and our account details. I do not understand why they require this information as I sent them a copy on both 6th November and 23rd November 2006. I have also filed a copy with my Allocation Questionnaire form, as well as an additional copy sent to Defendants

 

In section 2.2 the defendant asks why the charges should not have been levied against me, but it has already been explained in the claim, the charges are disproportionate penalties.

 

Section 4 of the defendant’s request; ask for details of our account contract with the defendant. However the defendants are clearly fully aware of the details of the contract, the contract is their own terms and conditions imposed by them with no basis for negotiation. Further more the defendant has purported to rely on upon the terms and conditions in order to implement charges against us. The defendants must understand very well, which are the contractual terms in issue.

 

I am sure the court is already aware of the current flood of litigation that is being brought against all of the major banks on the issue of penalty charges. I can tell the court that hundreds such of claims have been issued at courts around the country, many having been allocated to the fast track and there are at least 10 cases transferred to the mercantile court in London to be heard as a test case. However to date every case has been settled by the banks before going to a hearing, even Barclays bank which is the defendant at the Mercantile court cases has started contacting the claimants and making an offer of full settlement in order to avoid the case being fully heard.

 

The NatWest, the defendants in our own case has settled over 180 cases, many of them for much larger amounts than my own claim.

 

The banks are fully aware of the bank charges issue. The Office of Fair Trading conducted a 2-year investigation into Credit Card penalty charge cases and found they were unfair and unenforceable at law. The OFT also said there was a read-across to banks of their penalty charges. The OFT has urged the banks to comply with their findings. The banks have refused and the OFT in entering into further discussions with them.

 

In the meantime the banks oblige thousands of their customers – very ordinary citizens, to bring court claims which their banks or their solicitors then go on to complicate the process with procedural devices such as the present part 18 request.

 

Only those claimants of sufficient heart and tenacity are eventually paid out in full. I are sure the great majority give up altogether or accept reduced payments. This is the deliberate intention of the banks style of litigation.

 

The banks style of litigation is intimidatory and it is sham.

 

The banks style of litigation would be vexatious if it were not for the fact they are the defendants.

 

The Master of Rolls in 2004 addressed an international conference on vexatious litigation. He told the conference the evil of vexatious litigation was that it undermined justice and was a burden to the public resource.

 

I cannot imagine any better description of the result of the banks style of litigation.

 

It really should not be for an ordinary citizen to bear the burden of bringing the banks back within the rule of law.

 

The OFT has the power to deal with this matter and is tasked and resourced to do the job. If the OFT were to seek an injunction then this burden upon the private individual could probably be brought to an end within a week.

 

Yours Faithfully

[alf]

What about something about like this, maybe

 

Dear Sir or Madam:

Claim No: XXXXX

 

I acknowledge receipt of your defence & request for further information and clarification.

 

I anticipate that the claim would 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 enclose a schedule of charges and I confirm the charges I am claiming were applied to the following account:

 

Account Name: XXXXX

Account numbers: XXXXX

Sort Code XXXXX

Amount XXXXX

 

Yours

[kazzor]

Hi I filed my AQ on the Thursday before Good Friday. I enclosed the order for directions as per the great info provided by this forum. My question is do I just sit back and wait? Do you think I may get an offer?

 

Thanks guys

[Parkvale]

Iam afraid you are in the hand of the courts now and depending which court you are at , will largely depend how long you have to wait. I have been waiting over 10 weeks since the court received my AQ, Give them a ring on a regular basis to see how your claim is progressing.Good luck.

[kazzor]

Thanks. Good luck to you to:)

[kazzor]

Hi guys,

What happens next? I filed AQ with covering letter (as per post on this forum) Letter received from the cobblers today saying they have filed AQ.

Ta

Kaz

[martin2006]

It will be allocated to a "track" and a court date set.

Just sit back and wait for your cheque, it shouldnt be too long now.

Well Done so far

[kazzor]

Yeeeeeeeeeeeee let the dollars start rolling in....I think I may treat myself to a new car LOL:grin:

[martin2006]

Calm down its not done just yet.

 

Read through the Natwest successful threads and you will be able to work out exactly where you are on your mission.

[Yaesu]

I would expect payment pretty soon!

 

Y

[Parkvale]

Hate to dampen the party spirits, but be prepared for a wait. I waited 11weeks from the court receiving my AQ to them giving directions. Yet on the other side .Cobblers may settle so unpredictable is the name of the game. Good luck.

[bennyowen]

Its a wait game.

 

But as soon as the court sets a hearing date you will be notified. You can then start the countdown to getting your money back.

 

Cobblers will not go to court. They will settle before court day.

[kazzor]

Thanks everyone. What great site this is.

[kazzor]

Hi

Just wondered if anyone here has had their case transferred to Oldham county Court! I am waiting for directions from court after filing my AQ 3 weeks ago.

Ta

[kazzor]

I sent my AQ just before easter together with a copy of a draft order for directions. I asked the judge to strike out the CPR 18 request as an abuse of process and guess what............

 

District Judge Ackroyd has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

 

By 25 May (this is quick) the defendant must file and serve a comprehensive witness statement from a responsible employee with statement of truth explaining the Banks charging regime and exhibiting all relevant documents justifying ot; and, if they are discretionary, the decision to apply the charges the subject of this claim to the claimant.

In default of compliance by the defendant the defence is struck out on 30 May 2007 and the claimant may apply for judgement

 

the Part 18 request is struck out as an abuse of process

 

So has anybody else had the same directions? I was a bit confused as the judge hasn't ordered me to do anything!!! So do I need to get my court bundle together? and, if so do I need to send it prior to the hearing.

 

Thanks

[scott150663]

Hi

 

u havent got to do anything apart from waiting 4 the cheque to land on your mat......

 

The judge has basically said that "disclose costs by may 30th" which we all know they won't so u will get paid out b4 the 30TH

 

congratulations in advance

 

Scott