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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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NotWatson vs NatWest


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Well done Sherlock

 

We're right behind you.

 

Steven

 

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Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

 

 

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One more thing . . .

 

I've got my 3 copies of N1 with attached Schedule (showing 8% interest and with Monday's date [25/06/2007]) - why do I need to take 3 copies to the court ?

 

Also, in my POC, I've put the exact date I opened the account (02/10/89) - I assume this won't mean that they think I'm claiming more than 6 years ? My first charge that I'm claiming for was applied to the account on 20/11/2001 and this appears in the POC. Stupid question, I'm sure, but I don't want to make any mistakes. (My previous claim against Lloyds TSB was issued through MCOL)

 

Thanks

 

J

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THe 3 copies are - one for Cobbetts, one for the court and one for you. You don't actually have to take yours ut it is worth having it stamped and the case number put on so it' s the same as the others.

 

I don't think the dates make any difference - your scehdule will have the dates of the charges on

 

Steven

 

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Does anyone have a copy of the terms and conditions from 1989 ?

 

I suspect not . . .

 

The rot set in back in 2001, but really got a grip in 2003 - so perhaps a copy of the 2002 terms and conditions will be ok for my court bundle (I did say I was being prepared - I am getting the bundle together already, so I don't have a panic later).

 

Could anyone advise on this Terms and Conditions question please ?

 

Happy (wet) weekend everyone !

 

J

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2002 (and 2006) T&Cs here

 

Steven

 

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I don't expect they changed very much so probably yes. As you have plenty of time write and ask them for them. The best way is to write to Cobbetts and say you are "requesting the T&Cs in operation at the time my account was opened in 1989 under CPR Pre-Action Protocol 4.6©"

 

I asked NW customer services and got no reply. So I wrote to Cobbets quoting the CPR protocol and telling them customer services hadn't replied. I got a letter of apology, a copy of the T&Cs (the 2002 ones in the link) and a screen dump because the photocopy wasn't too good. That was just 2 days later.

 

If you do get them, please send a copy to me and I'll add them to that link.

 

Steven

 

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Thanks Steven - I will probably do that once I've filed my N1, which I am doing this morning. (Otherwise Cobbetts may not know who I am ? - I think I'll give the N1 a few days to soak in and then write requesting T&Cs)

 

Do you know how I change the name of this thread ? - anyone ? ..................

 

Thanks for all the advice.

 

J

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Just got back from the County Court where I filed my N1 form and paid the £250.

 

Still no post from NatWest regarding my LBA.

 

A massive thank-you to all who have helped me so far. I hope you don't mind doing a bit more hand-holding in a couple of weeks when this claim really gets going.

 

Onwards !

 

Jon

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Hi everyone,

 

I've been pondering something over the last couple of days . . .

 

As my claim is quite large (nearly £11K - with court fee and 8% interest) - do all the threads and extremely useful masses of information regarding AQs and the Court Bundle apply to my case ? (can I fill out an AQ just as for small claims track and is the court bundle going to be the same) ? - also - the CPR 18 request that I assume will be coming - as my claim's well over £5K I take it that I'll have to respond to that. . .

 

If anyone can either give me a thread relating to a large claim (successful) or give me a run-down on the differences (if any) between a large claim and one of under £5K I would be extremely grateful.

Obviously, if all the processes are the same, just a simple thumbs-up will do.

 

I would just hate to lose out on such a large sum of money (for the second time really - as it was taken from me once already) due to something popping out of nowhere and tripping me up.

 

Thanks and happy weekend. . .

 

Jon

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Hi Jon, have a look in the nat west successes forum as you'll find some rather large claims there!

 

I really don't think it matters whatever the amount of the claim is though - there's no rhyme or reason to nat west/cobbets defence. It's very hit and miss to say the least. Suffice to say though, they're yet to step into a court-room and defend their charges!

 

If you do receive an AQ - let us know as there's a good strategy in place for these at the moment. If you don't receive one - again, post back as there's another good strategy in place if your court dispenses with the AQ!

 

The main thing to do at the moment is sit back, relax, read as much as you possibly can on the next stage............ and don't worry!!!

 

You'll be fine!!! xxx ;)

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Update:

 

I still haven't heard anything from the County Court where I filed the claim (BRISTOL) and it's been over a week now. I hope this is not *too* strange. . . When I filed against Lloyds TSB through MCOL, I got notice of service in 3 days.

 

Can anyone advise whether this is an abnormally long time to wait please ?

 

Should I perhaps give it another day and then ring the court ?

 

The only problem is that the clerk said he couldn't stamp the N1 and allocate it a claim number there and then (and my copy [of the three I took in] would be posted out to me) - and he warned me that they have "up to 4 months to serve it" - I *really* hope it doesn't take that long !

 

All the best,

 

jon

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Hi jon, I'd be inclined to give them a ring about this. It could be that last week's post strike has slowed the paperwork down, but I'd still be inclined to phone and get an update from them. :)

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Thanks - yeah - I've decided to see what postie brings tomorrow morning - if nothing, then I'll definitely ring them.

 

God, I hope it's not something ominous (!) - I really need this to work out . . . (as we all do).

 

Onwards !

 

Jon

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................ and upwards!!! :D

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Update (again !):

 

I just rang the court and spoke to a very helpful lady - there is a backlog - some of their data entry is outsourced to a (I assume less busy) court in Yeovil - the data entry person is off sick and due back in today - so my claim isn't technically served until she inputs it onto their system - so at the moment "the computer says no !".

 

Poor woman - she's probably got this dreadful summer cold that's doing the rounds - what we really need is some sunshine - I personally, have had it with rain !

 

Upwards !

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Perhaps we ought to have a whip round to buy lemsip for the courts' staff!

 

Steven

 

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Mornin' all !

 

I received my Notice of Issue on Saturday morning. Issued 26/06/07 - sent to defendant 1st class post 05/07/07 - deemed to be served 07/07/07 - defendant has until 23/07/07 to reply.

 

So, the picture so far is this:

 

Prelim sent 23/05/07.

LBA sent 07/06/07.

N1 filed 24/06/07.

Claim served 07/07/07 (spooky !).

..................

 

Here we go then . . .

 

Thanks to everyone for your advice so far - I assume I'll be posting back here in just under 14 days time asking about CPR 18 and a defence from Messrs Cobbetts.

 

Onwards !

 

jon

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Update again:

 

I received Cobbetts LLP acknowledgement of Service today - dated 10/07/07.

 

So, they have until 04/08/07 to file their defence.

 

Hands up who thinks they will defend !

 

Thanks to all the superb advice on this forum, I feel very well prepared for this.

 

Onwards !

 

Jon

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Hands up who thinks they will defend !

 

Odds on favourite that they will mate! ;)

Can't find what you're looking for? Please have a look at Michael Browne's

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They'll say they're going to and they will send in a defence (of sorts). They won't actually defend though

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

 

 

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