Natwest Charges Reclaiming Court Case - they're going for SJ/strike out

[gaz2006]

oops I can spell just cant type well sorry

[fendyweather]

This ones a bit involved, bumping for a mod on this one. Fendy xx

[gaz2006]

Do you mean your passing to a mod or you suggesting i contact them ? Sorry to be so dim regards Gary

[fendyweather]

Youre not dim. Dont worry. when I bump it, it goes to the top of the forum again, where a mod can see it and hopefully offer help with this. Or you could try sending a PM to somebody like

livelylad or

Michael Browne

theyre experienced mods who can help.

All the best, if you dont get answers tonight, dont despair, somebody will be on in the next 24 hours who will be able to help you with this. J

ust dont worry.

Fendy xxxxxx I will keep it bumped for you through the next 24 hours.

[MARTIN3030]

A little complicated.Does the Court know they have given you the cheque ? presumably they have issued this on the provisio that you DO accept it as full and final.If you are NOT accepting that to be the case then its their usual stance to withdraw the offer.If you have run the default issues alongside the money side then that should become part and parcel of the settlement you may know John had problems with this one.

I myself have an identical case in litigation myself although not to the extent of recovering monies for other things.Loss of profits you can maybe calculate as near as damn it but claiming compensation for damage to reputation I think would need more work.I think this would be defamation of Character ? or Financial defamation as I have heard it referred to.

I would have thought this may be subject to the Courts discretion in making an award in the same way that a claimant asks the Judge to consider a damage award for breaches in Data protection.

Damage to Character is much harder to prove or certainly put a figure on than is loss of earnings which can be more clearly defined.

I know John is going to take a look at this later.

 

It would be good to see your POCs on this as.

I filed mine on an N1 and it goes into 5 pages.In fact when I handed mine in the Court staff thought I had got it wrong.......they are only used to seeing one page bank claim POCs ha ha.

[gaz2006]

Thanks Martin Yes the court new I had the cheque but as it wasnt for right amount of charges ie interest and there was a condition attached ie "not to disclose settlement to third party " I said I wasnt going to accept judge accepted this . However am short of dosh perhaps I should have done as part payment but not to sure if that would hinder my claims re defaults etc as if settlement made for charges out of court then bank hasnt admitted they were wrong and hence default may be classed as valid even if they have given me all charges back is my line of thinking right ?????? The cheque was for charges part of claim not the rest which I could continue with but my thoughts were it might have detrimental effect . Excuse my ignorance but which John ? Dont think my poc was too good but happy to dig out and send you details if you wish but was deliberately a bit vague on figures not for charges side but the others ie re default and loss of earnings etc loss of reputation as these are difficult to quantify Regards Gaz

[gaz2006]

Just a note no one came back to me on this Regards Gary

[gaz2006]

Am claiming beyond 6 years nat west say charges are a "service " and prevented from claiming etc as allocation form received need to knoW if I shouLd do directioNS tO judge suggesting strike out of defence if so what do i put in it . I knOw about limitation rules etc but want some juicy terms ot put in this directioNS if it is adviseable at this stage

Regards gAZ

[jontah 2006]

http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.htmlplease click on my scales, if this has been useful.thank you.

[hedgey06]

If you've received the AQ, yes - you can include the draft order for directions and 'strike out of defence'.

You'll find the links in the A-Z guide that's linked to my signature - just scroll down and click on it. Post back if you need any further points/links to the attachments.

Best of luck

[gaz2006]

this case has been stayed for some time however NASTY WEST paid the charges ie £4200 but havent paid anything out for the

unlawful defaults as they defaulted me for £3600 due to £4200 charges in 3 months

Also defaulted me on loan as I couldnt pay in £3600 plus loan amount due to the charges

They havent paid out on damage to my reputation and credit worthiness for bounced cheques , harrassment in phone calls letters visits by debt collectors and for asking for return of my cheque card etc as they say i had commited acts for fraud by issuing cheques even though if you take away the £4200 charges in 3 months I would have been in credit and within my overdraft facility of £600 .

Neither have they paid out on claim for misprocessing of £5200 cheque processed as £52

All these topics save the £4200 refunded have been stayed pending oft case .

However received summons for around £18000 being overdraft and loan my questions are I have heard you can claim compensation for unlawful defaults I cant get normal bank account or cheque card or credit card cant move my mortgage due to the defaults and also has effected my ability to change job . All in all a mess I believe i can claim illegal default amounts and plus £1000 on top for damages as they have wrecked my credit due to their unlawful defaults in my view and their umlawful charges .

what should I do as claim is stayed which is around £3500 however defaults are £18000 so I feel counter claiming for that amount plus £1000 should I amend my poc for original claim or counter claim on returning acknowledgment of their claim and also put on I want claim stayed as my claim is stayed and it involves same case . Any guidance help and advice welcome regards Gaz

[steven4064]

You can sue (in this case, counterclaim) for wrong information to be removed under s14 of the Data Protection Act 1998 and for compensation under s13.

[gaz2006]

Thanks for that Steven am i right in the amounts I am thinking off ie defaults plus £1000 should I mention the other case at all in my claim remembering when I claimed there i only claimed for around £500 for damage to reputation

and £500 for defaults thinking it would be settled quickly etc so do I need to leave that claim that is stayed or amend as well or delete those parts from that claim and continue on this basis with counterclaim . Hope I havent confused you regards Gary

[steven4064]

Usually, people seem to claim "compensation at the discretion of the court" but put in the amount box "I do not expect to receive more than £1000" (If you leave the amount field blank, the court may decide it is an unlimited claim and charge you £1250 in fees ).

 

I would mention the claim that is stayed.

[MARTIN3030]

Gaz sorry I did not see your PM till now.Looks like been answered anyway.

Yes agreed - in my case I had to write in the box "I do not know the total amount that I will be claiming,but it will be less than £5000.00."

[gaz2006]

I have case management conference coming up shortly what do I need to do and say at this hearing its a telephone hearing ideally i want small claims but as they are suing for £18000 and im counterclaiming for around same what shall I say and do ? Regards Gaz

[yourbank]

bump

[MARTIN3030]

Looking into.-also merged a couple of your other threads concerned with this case.

Edited July 21, 2008 by MARTIN3030

[gaz2006]

Case management telephone conference next week anyone any ideas what i can say ? Regards Gaz

[gaz2006]

I have telephone case management conference this week I dont know what to say .. I want it to be small claims but 18k summons against me may not allow this see notes before ... I also have stayed case re some of this claim so how do I go about asking judge for this to be stayed too surely they cant continue with this case if my original one which isnt finished is stayed ? I also counterclaimed re 2 defaults not removed which has effected my credit history any guidence on this too HELP PLEASE Regards Gaz

[steven4064]

Make a list of what you want and the justification for it - as you have in the above post but in more detail. Write it all down so you can refer to it on the phone. MAke sure you have a copy of your defence to hand too.

 

I have never been involved in a telephone case management conference so I don't know what form it will take. Perhaps someone more knowledgable will be along shortly

[gaz2006]

Thanks for that Stephen anyone else any thoughts on the areas ie

Allocation - I want small claims but as 18k how do I argue that ?

OFT Case - as my case against them stayed shoudd I ask for them to be amalgamated ?

Or ask for stay to be lifted on mine or stay put on this one ?

 

What reasons should I give to ask for full disclosure or shouldnt I ?

 

i have only 24 hours guys and girls please help

Regards Gaz

Edited August 11, 2008 by gaz2954
spelling

[steven4064]

Allocation: you can argue that, although the sum is over the normal SCT limit, this is a simple case with no matters of law only matters of fact, so, for everyone's benefit, SCT would be best (It's worth a try )

 

You best bet (IMHO) is to get try to get the two claims linked and then both stayed - there is no way the stay on yours is going to be lifted until after the OFT case (I'm presuming this is a current account and not a credit card).

 

What they might then go for (I am involved in an almost identical case with NW on someone else's behalf) is to stay part of their claim (equal to your charges claim) and issue a CCJ for difference - you need to think what you think about that - I guess it depends on how much the charges claim is.

[gaz2006]

**************** IM ACTUALLY CLAIMING FOR AMOUNT OF DEFAULTS PLUS 1K SO MY CLAIM IS NEARLY SAME AS THEIRS

ANY IDEA WHAT I SAY ABOUT FULL DISCLOSURE ETC ?

REGARDS GAZ

[steven4064]

IN fact, hot off the press, the case I referred to was in court today and that is exactly what happened - the part of NW's claim that was composed of charges was stayed, the rest to be paid by installments.

 

Full disclosure is a bit tricky as it doesn't apply to SCT. It shouldn't be a problem for you and it is automatic if the case is allocatd to the FT or MT.