Help needed against Natwest

[steven4064]

The simplest answer is to ring the court and ask them whether this constitutes an order from the court to answer Cobbetts questions. Take it from there - more guidance can be found in hedgey's tread linked from my signature.

[shu11173]

Hello Steve,

I have spoke to the new court and they have advised me that i do not have to respond to anything the defendant has issued. I must only act on court orders.

Also, they have advised me that the case is being transferred again to another court, so if i was to acknowledge Cobbets and issue a statement of charges, then i should wait until i get the new notice of transfer.

 

Will keep you informed.

Thanks Steve

[steven4064]

Great. keep us posted

[shu11173]

just to update......original claim went to Northampton CC and said that i did not have to complete an allocation questionaire. They then passed it to Basildon and have now forwarded it to Southend County Court. I did not bother responding to Cobbets further info and clarification request as Basildon CC advised me that i should only act on court orders. The deadline for info was today...so fingers crossed!!!!

[hedgey06]

Best of luck shu............. keep us posted!

[shu11173]

hey all,

just read on the news that .

 

“The FSA has agreed to issue a waiver, with immediate effect, to suspend the handling of customer complaints on bank charges pending a decision by the court.

Thousands of people reclaiming unauthorised overdraft charges will have wait months – possibly years – to see if they will be refunded after the Financial Services Authority (FSA) today allowed the banks to put all claims on hold".

 

Does anyone know whatthis means to us guys who are in the middle of claiming through the courts???

[hedgey06]

Zoot's posted this in each bank forum http://www.consumeractiongroup.co.uk/forum/natwest-bank/107585-oft-test-case-what.html but basically, you should continue with your claim as normal.

[shu11173]

Hello peeps...

Just had a verbal confirmation that my case along with 700 others have been STAYED in Southend CC. Looks like the OFT haven't thought this through properly. Why can't they allow all claims to continue regardless until the high court ruling has been made. Very frustrating as i started my claim in March and looks like its going to take another year...if the OFT wins that is.

[steven4064]

Hi shu

 

Have a look here - once you hear officially from the court you can applyto have the stay lifted

[shu11173]

Thanks Steve,

Thats very usefuly indeed. I shall submitt the N244 application when i receive confirmation from Southend.Are there any links to cmleting the form itself??

[steven4064]

A new bit has just been added (pursuant to your implied request) to the template on having a stay removed to advise on the filling out of the N244.

[shu11173]

Sorry to be seem thick, but what do you mean i ahve to amned the statement to reflect that i want the stay to be set-aside, rather than opposing the banks application???

[hedgey06]

You apply to have the stay set aside once a stay has already been granted. Once you recieve notice from the court (in writing) that a stay has been granted on your case - follow the guidance in the link that Steven has already posted up.

[shu11173]

Hi all,

Got the written confirmation that my case has been stayed, so will send in the relevant paperwork.

Just as a sideline, i think i may have made a mistake on my POC. As i am claiming for more than six years, am i right in thinking that i shouldn't have reference the UTCC 1999??? My claim goes back to 1997....

[steven4064]

The UTCCR1999 and the 6 years are completely different issues - not related at all. If we are talking about a personal bank account then UTCCR1999 is completely OK, however many years you are claiming.

[shu11173]

thanks again steve.

[shu11173]

Hey guys,

Just a query... If sticky's comments about all MCOL claims are stayed and that we should pursue via the local courts, i gather that the N244 and £35 i issued will be a waste of time????

Any idea's as to what to do next.

 

Also just thought i'd say that natwest has issued me with a new letter advising that all cases are frozen until the OFT case blah blah blah...and that they are offering me the gesture of good will for another two months for me to accept. Funny i thought....

[shu11173]

Hi All,

 

I have had a letter from Southend County Court telling me that a hearing date has been set for 25th Sept 07 regarding the application for removal of Stay. I did tick the without a hearing box, but the court had crossed that out and ticked the "at a hearing box"!!!!

 

I am cacking myself!! What do i do???

[hedgey06]

I am cacking myself!! What do i do???

 

Attend the hearing!

 

Don't worry - it's good news that they've granted a hearing to listen to your application. Make sure that you're ready and prepared to put your case across - have a look in the new stays forum as a stay was lifted this week and it's really worthwhile reading the thread to see how the hearing went.

 

Nice one shu - fingers crossed that the hearing goes your way.

[shu11173]

Thanks Hedgey,

 

I will have to do some research to be prepared. Does anyone know whether cobbets will attend? And what if they dont?

[hedgey06]

There's a good chance that Cobbetts will attend to be honest - they desperately want these cases to be stayed (poor dears have had an awful workload since CAG was established - they need a break......... bless!)

 

The key to whether they do/don't attend is to be prepared. Have your evidence ready to put forward to the DJ, be prepared to answer questions about financial hardship, etc.

 

Lots of prep = knowledgeable shu = fingers crossed that the stay is lifted!

 

Best of luck mate

[shu11173]

Hi Guys,

 

i am trying to prepapre a bundle for the stay hearing next week and came across zootscoot's page which is great. Just wondered though...the litigation list for natwest only has two cases post 27th July 07 (20/8/07 and 21/08/07)and both are not concluded. Are these the only two available for natwest? Can i use these as they are not concluded??

 

Thanks

[steven4064]

As you know, most (all?) NAtWest cases have been stayed, so it is not surprising there are only these 2. IMHO you should leave them out as they are not concluded.

[shu11173]

oh bugger....

well that's one less arguement for my case.....

 

Thanks steve

[muggins73]

Hi shu,

Incase I dont get round to it next week, I thought i'd just wish you all the very best for your stay hearing.

I know it's all very daunting but just remember that the judge is meerly another person and not a super hero or anything. Imagine them all in their underwear, that should help put your mind at ease...that is if you aint sick first:D

Honestly, I'll be thinking of you and will be riding it out with you in spirit.

Go and knock 'em dead, hun!!!!!