quest v natwest

[steven4064]

The other way is to create all the stuff over a few dasy in Word and then cuit and paste it into the N1 when you have finished

[quest1]

Cheers, I'll Bare That In Mind. Getting Stuck Into This Now, A Few More Questions If You Don't Mind, Make Me Feel A Lot Better If You Could Give Me Your Thoughts On These:-

-

- Which Nat West bank address do I use for the Defendant’s details on the N1?

- I am also helping someone with a joint account claim, do both account holders have to sign the N1?

- At the bottom of page 1 on the N1, Do I put all the appropriate values under the value box and then again in the box pre-printed on the form, (seems a bit odd to put them twice?) the forums notes don’t really say what to do here??

- And, oh my god what the hell does this mean????????

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just.

My charges are £362.71x0.00022=0.0797962

So is that 80p per day? Who sits there and works out that calculation, 80p per day from the date of issue to date of settlement?

[hedgey06]

- Which Nat West bank address do I use for the Defendant’s details on the N1?

It's in the Natwest sticky contact information - Bishopsgate address.

 

- I am also helping someone with a joint account claim, do both account holders have to sign the N1?

I'd be inclined to get them to both sign.

 

- At the bottom of page 1 on the N1, Do I put all the appropriate values under the value box and then again in the box pre-printed on the form, (seems a bit odd to put them twice?) the forums notes don’t really say what to do here??

Yes - you enter them twice

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just. My charges are £362.71x0.00022=0.0797962 So is that 80p per day? Who sits there and works out that calculation, 80p per day from the date of issue to date of settlement?

Yes - 80p per day.

 

Hope that helps!

[quest1]

It Does Hedgey, Thanks Very Much

[quest1]

hi everyone, i've followed cag's procedures to request 2 x £12.00 late payment fees for my nat west credit card that i used to have. this is what my reply said today:- having reviewed the case the only late fees applied to the account are for £12.00 which is line with the oft's findings, therefore no refunds will be forthcoming.

i would re-iterate that our letter of 27th june 2007 should be taken as the bank's final response. then gives me financial ombudsman options

what are your thoughts???

[hedgey06]

Absolute poppycock - there's my thoughts!

 

They're hiding behind the OFT ruling - the £12 is still a penalty charge and is still unlawful. Don't be fobbed off by them quest - they've paid plenty of credit card penalty charges lately............ in full I might add!

 

So.......... absolute rubbish - go after your money and don't take no for an answer!

[quest1]

i'm just at work (on my week off) typing my N1 form out. hope the nice lady at the court says it's all ok tomorrow, am i right in thinking they do give it the once over when i'm there?

[hedgey06]

They should do - they checked mine to make sure I'd included everything. To be honest though quest, if you follow the PoC here 4. Particulars of claim - N1 - hard copy version you can't go wrong!

[quest1]

S69 Interest Is Definately The 8% Interest Isn't It? ( Last Minute Questioning Myself And Jitters!) IT ISN'T NORMAL OVERDRAFT INTEREST IS IT BECAUSE I'M NOT CLAIMING THAT

[hedgey06]

S69 Interest Is Definately The 8% Interest Isn't It?

 

Spot on!

 

And if you're not reclaiming any overdraft interest, just leave that out (didn't claim it myself either......... way too complicated to work out!!)

[quest1]

Mind Is Now At Rest

[hedgey06]

Good! It's really nerve-racking doing the N1 (I checked mine about twenty times before printing it off!!) - but once you've got everything right on it you can relax! x

[quest1]

picture this, i'm having a lovely relaxing holiday camping in cornwall after a hectic week of running around madly submitting my and my mum's claims to the court, breathing a sigh of relief that i can now relax for a while. THEN, i hear on the radio, "bank claim for charges - lost!", Oh my god, i think, not only have i skint myself finding the court fee but i have also wasted £80.00 of my pensioner mum and dad's money. Why didn't i act sooner, i think to myself!!

Needless to say it was on my mind for the whole holiday thereafter and i couldn't wait to get back to check on here what it means for me and my mum and dad.

My mum and dad's claim is for £998.11 and whilst i have been away she has rcd. from the court a letter stating that the defendent intends to defend all of the claim.

my claim which is for £412.71 hasn't attracted such a letter, but, i have rcd. a letter from R.B.S. this morning stating MY claim is suspended.

What are your thoughts on these 2 different responses??

[steven4064]

THe fact that your parents' claim is being defended is no surprise - all te banks say that to start with - thay never actually defend though. THe fact that they have said they intend to defend is actually hopeful - they haven't (yet) asked for a stay (which bank is this?)

 

Secondly, RBS cannot suspend your claim. If you carry on and file a court claim, they can ask for a stay, but even then it is the court that awards it not RBS and you can object.

[quest1]

To Steven 4064, Both claims were submitted to the court on the same date, But i haven't had a letter like my parents have. I don't know why? Is it maybe because theres is a larger sum??

They are both NatWest claims

We have both received the letter about all claims being suspended until the test case is sorted.

What is a stay?

[texel]

Who sent the letter if it was NatWest then ignore it if it was the court then that is a differentmatter as it is they who decide if the case is going on or not. Best of luck anyway.

[steven4064]

A stay is a postponement of the case to a later date. As texel says, it has only been stayed if the court say so. NatWest can apply for a stay but they can't impose one.

[quest1]

hmmm, wonder why i haven't had a letter ststing that the defendant has responded to the claim indicating an intention to defend all of the claim then? what do you suggest i do? (wait a little longer?)

so in my parents case now, they have 28 days from 01 aug to file defence. what should we be doing now?? your help is much appreciated.

[hedgey06]

quest, phone your county court tomorrow. If Cobbetts haven't acknowledged your claim you can apply for Judgement against Nat West. They should acknowledge your claim within 14 days of it being served on Nat West.

 

In your parents case, they have 28 days to file a defence from the date their claim was initially served on Nat West - but they often file late.

[quest1]

What Does It Mean If They File Late? What Are The Implications Of That?

[texel]

They just have to ask the court for another case date. If the court decides they can have another date well you will hear from the court of course you can phone the court and they will tell you what is going on

[quest1]

Hi Everyone, Feeling Very Confused And Bewildered At The Moment So Some Much Needed Coaching And Advice Is Needed Please.

I Rang The Court Yesterday And Spoke To A Gentleman Who Didn't Get Out Of The Bed The Right Side At All. He Made Me Feel Really Thick And I Couldn't Wait To Get Off The Phone Really.

He Basically Said That I Could Request A Jusgement By Default (?) When I Got Off The Phone I Started Looking At My Paperwork Again (notice Of Issue) Where There Is A Big Part On It For Requesting A Judgement. I Was Just Waiting For Nat West To Reply I Didn't Know That I Had To Do This???

He Also Said That I Was In A Slightly Better Position Than My Parents Because I Hadn't Had 1 Of Those Letters That They Had Had Stating That Nat West Were Intending To Defend All Of The Claim.

Have I Then Got To Request For Judgement On My Claim As Nat West Haven't Responded

And Wait 28 Days From When Nat West Filed The Acknowledgement (on 01/08/07) To See If They File A Defence On My Parents Claim?

[hedgey06]

Hi quest,

 

If you've been advised by the court that you can request judgment against Nat West, you'll need to complete the Notice of Issue and take it into the court office.

 

On the Request for Judgement section of the Notice of Issue, tick box A - underneath it tick the small box that says 'the defendant has not made any proposal for payment'. Sign and date it as the claimant underneath.

 

In the next column (where it has your details) - at box D, tick that you'd like paying immediately. Then enter the details of your claim underneath as requested (amount you're claiming).

 

Best of luck - hope it goes through without any problems

[texel]

Phone the court again or beter still pop in to the small claims dept. If you can't then phone and hope you get a better individual to speak to.If I have to do that I act dumb with straw growing out of my ears, which is not difficult as I live on a farm.I have them explain in words of one sylable. If you are told you have to request a judgement by default tellthem to go ahead and file. My court does all that for me!!!

Woth regards to your parents claim. Have you files with the court? If you have you will get areturn date which is the time the defendant has to apply to the court to say they are going to defend I nothing is heard by the court you win by default. If the court heard the defendant is going to defend then they have until the calling date ( two weeks after the return date) to send you a copy of the defense. Then everything takes it course no problem:D

[texel]

after reading what hedgey06 has said I guess it must be much more difficult in England Mr suggestion move to Bonnie Scotland.