cl0nd0n v Nasty West

[hedgey06]

Fingers crossed now I either get an offer or a court date?

 

Let's hope it's an offer!

[cl0nd0n]

This morning I filed my AQ at my local court & paid my £100!

 

Posted a copy by special delivery to out friends at Cobbetts!

 

Fingers crossed now I either get an offer or a court date?

 

I think I may have a problem! Can anyone advise on this?

 

Yesterday I filed my AQ N150 at my local county court with my £100. I sent a copy of this along with my order of directions, schedule of charges etc to Cobbetts.

 

In this mornings post I recieved a photocopy of their AQ N149 from Cobbetts and a letter saying 'We refer to the above and enclose a copy of our client's AQ, which has today been filed at court'.

 

Why have they filed an AQ N149 and my Court sent me an AQ N150? Surely they should be the same. On Cobbetts one it says 'Do your agree that the Small Claims Track is the most suitable track for this claim?' and they have ticked yes!

 

My claim is for £6,728 + £1,287 in interest. I was advised over £5k and it was Fast TRack not small claims?

 

Should I be worried about this?

[steven4064]

I asked my local court about this. THey sent you a N150 because your claim is >£1500 and so you had to pay the Allocation fee and therefore get the more detailed N150 form. Cobbetts have nothing to pay, so they get the simpler N149.

[cl0nd0n]

I asked my local court about this. THey sent you a N150 because your claim is >£1500 and so you had to pay the Allocation fee and therefore get the more detailed N150 form. Cobbetts have nothing to pay, so they get the simpler N149.

 

Cobbetts have nothing to pay! They sure do! Over £8k to me!

 

Thanks for the reply Steven. So your sure I have nothing to worry about? They seem to be standing their ground and defending this one! I juts wish they would stop mucking about and make me a dam offer!

[steven4064]

So your sure I have nothing to worry about?

Sure

They seem to be standing their ground and defending this one!

'seem' is the operative word here - they won't actually defend. THeir usual trick is to settle the day before court (although occasionally they get it wrong and forget so that the defence gets thrown out in court)

[cl0nd0n]

Sure'seem' is the operative word here - they won't actually defend. THeir usual trick is to settle the day before court (although occasionally they get it wrong and forget so that the defence gets thrown out in court)

 

Keeping all fingers and toes crossed!

 

Any idea what the average time from filing AQ to getting a court date is?

 

Is it likely to be a few months until the actual date?

[steven4064]

I don't think there is an average - depends how busy the court is. In our NatWest case the AQ was file on 18 June - dead silence from the court since.

[cl0nd0n]

S**t! S**t! S**t!

 

This morning I recieved a letter from the court saying :

 

THE COURT OF ITS OWN INITIATIVE ORDERS THAT

 

1. The claim is stayed unitl 31st March 2008 with a view to awaiting the decision in the test case. Either party may apply at any time, by application on notice in accordance wiht CPR 23, to lift the stay.

2. If no such application is made, the court will give directions of it's own initiative on the expiry of the stay.

 

Guys what do I do now! I really can't afford to wait until March for the money plus this has cost me £250 in court fees & £100 for the AQ so far!

 

How shall I best proceed with applying to lift the stay and making sure it's the best chance I have? Has anyone suceeded?

 

Is there anything I should be doing to force Cobbetts in to an offer?

 

Really worried this has all been a big loss now!

 

Cheers

[notwatson]

I have a similar order (stayed until 30th November 2007) - I am going to the court this morning to apply for the removal of this stay. I suppose that's all we can do - we seem to have fallen between two stools here - right near the end of court proceedings, yet no payout in sight (maybe for months/years).

 

I know how you feel - just like the rug's been pulled from under you.

 

I say, apply to remove the stay and keep everything crossed - that's what I'm gonna do.

 

All the best,

 

Jon

 

p.s. been watching your thread with interest ! (Not the 8% type !)

[hedgey06]

I totally agree with Jon, you need to apply to have the stay lifted/set aside. have a look here for further guidance on how to do this http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html. Just out of interest, could I ask which court your claim is with please?

 

Best of luck x

[cl0nd0n]

I totally agree with Jon, you need to apply to have the stay lifted/set aside. have a look here for further guidance on how to do this http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html. Just out of interest, could I ask which court your claim is with please?

 

Best of luck x

 

I will get cracking on the N244 now then! I got a bad feeling that it will be more money I am laying out to get nothing back!

 

For reference it is at Luton County Court.

[cl0nd0n]

HELP HELP HELP!

 

Guys has anything changed recently? Are any of the banks paying out or are we still on hold until they decide what to do?

 

I have a large claim outstanding, £250 invested in court fees, £100 in the AQ and something has cropped up and I really need to setlle this claim!

 

Please, please let me know if there is anything I can do to get this moving?

 

Should I be ringing Natwest and houding them?

 

Should I progress to get the stay lifted? Will this work?

 

Thanks!

[steven4064]

Hi CL

 

I'm afraid I can't hold out much hope at the moment. Almost all claims are being stayed until after the OFT case and very few stays are being lifted. The only reason (it seems) that a stay may be lifted is in the case of haardship (usually, but not always, people on benefits).

[cl0nd0n]

Well I am not on benefits but sure meet the hardship bit right now!

 

Is it worth trying? Really do need this money!

 

Is there any chance we may not get the money back after the OFT case? Do we rick loosing the £350 in court fees I have already paid?

[steven4064]

You can try to get the stay lifted but that itself will cost £65. And IMHO there is not much chance of success.

 

The OFT case is schedlued for 8 Januray and is expected to last 8 days. The scope of the claim seems to have changed - it seems nowt that the case will on;y test whether the UTCCR1999 aply to bank charges at all. Whether they are unfair or not will probably not be decided and certainly whether they are contract penalties will not be decided.

 

Again IMHO, whichever way the decision goes we will be able to carry on claiming on the grounds that charges are contact penalties. The case will actually resolve nothing. But then, no-one really expected it to.

[cl0nd0n]

Hi all

 

Been a while since my claim got stayed by the courts but I believe I am now truly in Financial hardship. I have the relevant I&E form from Natwest and will be sending this back shortly. My original claim was for £6,728 + £3,276 interest. This was submitted to the courts in May 2007. I paid the court fee's, £250 from memory and then this was stayed.

 

As I now need to claim for Financial Hardship should I re-calculate my claim for charges since May 2007? The original claim was for period 15/05/2001 to 14/06/2007 ie. 6 years. or do I need to start an entire new claim for period since?

 

Finally I am having trouble tracking down a suitable letter that I can send to assist with my hardship claim. Does anyone have a good example of what works for a claim with Natwest?

 

Cheers guys

 

Chris

[carcar]

Hi clondon,

 

I might take this route soon. How did you get on?