Persian v Nat West

[persian]

Hello Everyone

No reply whatsoever from Nat West after 3 letters, over a period of 8 weeks. I Finally put in my claim via MCOL, would you believe it,2 days after submitting the claim Stuart Higley sent me a letter offering full settlement. I wrote back accepting the offer if Nat West increased the amount by £120 representing the court fee. I have had no reply to my letter, then came acknowledgement of service from the court.

I have sent Cobbetts copies of both letters asking them to find out if the offer has been withdrawn.

Bad timing or what!!!

Oh yes, almost forgot, called Mr Higley office accepting the offer, but was told, once action has commenced the case get transferred to solicitors.

Any advise please.

Persian.

[PPMAN159]

If the case has been transferred to the the court and you want to accept the offer made by Nasty Vest the the court case will need to be cancelled by yourself before they will pay out.

 

I also doubt if they will increase the offer to include the Court Fee.

[persian]

Thanks ppman

I have written to NW accepting their offer etc and to withdraw my claim as soon as I receive payment.

If I withdraw my claim now, without payment, do you think they'll payout, I think not, but would be grateful for your thoughts.

Thanks

Persian.

[PPMAN159]

They will not pay you out until you have cancelled your claim-trust me on this as I have had to do the same.

[persian]

Hello

Maybe you're right PPMAN, but I'm not going to withdraw my claim until I receive the chq.

I'm really annoyed now, and am going for the full amount + interest, because they've ignored my letter.

Received Cobbetts standard defence, no AQ from the court yet.

I'm considering answering their CPR, although I realise I dont have to at this stage, it appears all I have to do is enclose a schedule of the charges+ copies of bank statements+regs 1999,1977 and 1982+decided cases, and in return I can ask for, what contractual provision each charge was made+Whether each charge is accepted to be a penalty, if not why not+supply me with a breakdown of how each charge was calculated+ decided cases to prove their right and I'm wrong. Has anyone done this, and what was the responce if any.

Thanks

Persian.

[ukiainib]

Take em to court, and get interest back have a look for CCI to help you

[persian]

Sorry to be so dumb, who or what is CCI.

[ukiainib]

Compond Contractual interest

Which is the way they charge you on a day to day rate

[persian]

Update:

Got a letter from court to say the AQ is dispensed with.

the letter refers to anyone requesting a stay amongst other things.

I would like to send the template objecting to a stay, should I ? and should I attach The New Strat for AQ and draft order now, or do I have to wait for the court to send me something else,If so what?

I'm getting lost here,there's a lot of ? marks on this thread.

After close examination of the letter, offering to settle, gosh that was a long time ago, I noticed the letter was undated, even the envelope had no date stamp, has anyone been sent a letter like this from Higley.

Bye-the-way, this letter was the only letter I've received from NW or Cobs, excluding ack of claim and defence, which was standard,

Urgent reply please, my 14 days are up on Wed.

What should I do? Help needed

Thanks

Persian

[hedgey06]

Bump (soz - got a hangover and can't think straight!!!)

[steven4064]

Hi persian

 

Until the paracetemol kicks in (last post), I'll answer your question.

 

You don't need to do anything about a stay unless someone asks for one. There is a question to that effect on the AQ - they are just giving people that option in the absence of an AQ.

 

You should write to the court with the draft order for directions (see http://www.consumeractiongroup.co.uk/forum/show-post/post-711002.html). Otherwsie youdon't need to do anything but wait.

 

Which 14 days are up on Wednesday?

 

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

[persian]

Is this something new, I was notified that the AQ dispensed with, I sent the court the abuse letter and its attachment, received my hearing date, Now the AQ has arrived, what do I do?, I'm sure the court will be peedoff if I sent another abuse order, do you think i should sent the new strat for AQ letter and draft order.

Persian

[hedgey06]

Now the AQ has arrived, what do I do?, I'm sure the court will be peedoff if I sent another abuse order, do you think i should sent the new strat for AQ letter and draft order.

Persian

 

In a word, yes. Have a good read up on this thread http://www.consumeractiongroup.c o....tionaires.html and be prepared (if the judge grants your order) to have everything ready to submit. Looks like we're at about the same stage and, as our good friend steven pointed out earlier today............... we have a bit of a convoy going on with this one!!!

 

Good luck, hedgey x

[steven4064]

Persian

 

I think what has happened is that MCOL have dispensed with AQs when they transfer the case to your local court (they have been doing this as a matter of course for a while). However, your local court has not dispensed with AQs and that is why they have sent you one.

 

What you need to do is to fill in the AQ according to the advice here (http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html) and attach the draft order for directions.

 

Edit: When you say you sent the 'abuse letter', what did you send? And did you say you have receieved a hearing date? If so who from?

 

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

[persian]

Right, let me explain, the letter says DJ has considered the statements of case and AQ filed and allocated claim to small track. The hearing should take no longer than 5 mins. ( court stamp - not my local )

The date on the above notice was the 15 June.

My letter and attachments were sent to my local court 12 June.

I received the AQ yesterday.

I hope you understand whats happened. Now, what should I do, I dont want The court Manager to get the hump with me resending an edited version of the abuse order and another set of the attachments.

 

Persain

[steven4064]

Persian

 

I think you need to phone the court and ask. I find them very helpful and ready to answer questions. There is obvoiusly a bity of a muddle here.

 

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

[persian]

Phoned the court, AQ not required, the very nice lady said to ignore the AQ, courts been very busy with these claims, and its unlikely that my letter has been looked at.

I want to get this right, as the advise was verbal, I think I'll fill the AQ anyway.

I'm thinking of adding a short and sweet mix of the old AQ and New Strat AQ for section G.

What do you think, maybe someone will read it. If anyone has a better idea please let me know.

 

Persian

[steven4064]

Or you could just send a letter based on this: http://www.consumeractiongroup.co.uk/forum/show-post/post-711002.html

 

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

[persian]

Thanks Steven,

Thats the New Strat letter I meant.

Persian.

[persian]

I've put together the following bits and bobs obtained from this site. Can someone please check it, and could you also check the grammar as I'm rubbish at writing letters, I think I need some help with the 1st paragraph I cant get it to sound right.

 

I respectfully request that the court could please note that it is not disputed that the Defendant is entitled to recover its damages following my breaches of contract, and it is entitled to include a liquidated damages clause. I accept without reservation the banks right to recover its actual losses resulting from the breach or a genuine pre-estimate thereof.

 

However, I submit that the charges made by the Defendant amount to an unenforceable penalty. As such, they are contrary to the Unfair Terms in Consumer Contracts Regulations 1999 and the common law.

 

It is submitted that they are disproportionate, excessive, exorbitant and extravagant in comparison to; it is inconceivable that they represent, are a pre-estimate of, or are in any way related to; the actual loss suffered by the Defendant as a result of the breaches of contract from which the charges arise.

 

 

The continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in the utmost good faith.

 

I respectfully ask that the court in this case, order basic disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

 

Persian