NotWatson vs NatWest

[steven4064]

I wouldn't bother with the whole court bundle but a statement of evidence might be useful (plus the originals of all your statements) and the bank's T&Cs. Have a look at this thread if you haven't already.

[notwatson]

I'm still struggling with Terms and Conditions - any advice ? - should I write to or ring Cobbetts again prior to Thursday - or just take the most recent set of T&Cs I can find online ?

 

Thanks

 

Jon

[notwatson]

Found the terms and conditions now (1992, 2002 and 2006 all seem reasonably relevant to my case) - so ignore previous post please.

 

One final question though - will this appearance in court actually involve me standing up in front of a judge and taking an oath - and then arguing against a qualified solicitor ?

 

nervously yours,

 

Jon

[steven4064]

Jon

 

If it gets to court you are most likely to be in a room sitting round a big table - judge at the 'head', you on one side, Cobbetts on the other. If Cobbetts turn up is is likely to be the office junior.

[Loonychoons]

Good luck Jon - we're all rooting for you...be brave

[notwatson]

No joy folks - the District Judge ordered that my application to lift the stay fail.

 

The solicitor NatWest sent along dropped a "Skeleton Argument for the Defendant" into my hands 5 minutes before the hearing (nice - not !). I argued against two of the 11 points but to no avail.

 

This document does include a couple of useful snippets though... one is the OFT case will consist of "a two week trial in the Commercial Court commencing 14 January 2008" The DJ altered the wording of my stay to reflect that settlement should be made within 28 days of the outcome of this test case. So there we have the dates...

 

The second point worth mentioning is that in defence of the injunctions sought in the application to lift the stay their document states: "...the alternative injunctions sought by the Claimant would alter the status quo. It is simply not feasible for the Bank to give an undertaking to turn off its unauthorised overdraft charges system in respect of one account..." - is it me or is that it in black and white, that their charges are computerised ?

 

Anyway, I tried and lost - let's keep our fingers and toes crossed for the end of January !

 

All the best and thanks so much for all your help.

 

If anybody needs to see this skeleton argument, I could scan and post it here - it doesn't say Without Prejudice.

 

Jon

[steven4064]

Well done for fighting Jon - shame you lost, but it wasn't for want of trying.

[notwatson]

Greetings Everyone !

 

Today seems like a pretty good day - I just heard the test case news.

 

As Cobbetts acknowledged service and filed their defence on the 24th July 2007 - (my case was subsequently stayed) - what is likely to happen now ?

 

The way I see it, is that if I had started all of this a month earlier, I would have finished just before the test case started (poor timing on my part, as I waited over a month whilst I got Lloyds to pay up in full [!]) - so I hope that someone here can offer an opinion as to the likely direction from here on in...

 

Also, what about interest ? - is that still running ? from the date of the stay until now ?

 

I hope this doesn't drag on for too much longer...

 

All the best everyone,

 

Jon

[steven4064]

IMHO not a lot will happen. It is likely that the banks will appeal and the stays may well remain until that is settled. however, the interest meter is ticking (and will continue to do so )

[notwatson]

really ! - does that interest just keep on ticking up ? Mine's £2.05 per day. Obviously I'm not going to complain about that though !

 

So, I guess it's time to sit back and wait for the directions from the District Judge to drop on the doormat then.

 

I think a small glass of something to celebrate this first small high court 'victory' is in order though

 

Jon

[steven4064]

I think a small glass of something to celebrate this first small high court 'victory' is in order though

Your very good health