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Leigh v Natwest


scrumpy1
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Just started a claim on behalf of my daughter for almost £1800 in bank charges against Nat West. Received the Acknowledgement of Service from Cobetts and states they intend to defend all the claim, they now have until 13th June to submit their defence. This is all new to both of us and we are really glad we found this site otherwise I think we would have been really struggling. Will let you know how we are going on and no doubt be asking for a lot of advice too.

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Good luck scrumpy 1 . I to found it quite daunting when i first started out, but the help i have received from people on this site has been amazing..

The more you read up on things the more your confidence grows..I dont even watch T.V. anymore...!!!

Dont be afraid to ask and please keep us posted..

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Welcome scrumpy. Read lots so you know what to expect. Cobbetts are reasonably predictable so what they send you will almost certainly have been seen before on the site probably word for word! And in a few weeks we will be able to congratulate you on your win.

 

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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Have today received the Natwest defence from Cobbetts and it seems to be the standard defence received by most claimants on this forum. Am now going to forward copy template letter from forum refusing their request for info. under CPR Part 18 together with a breakdown of charges I am reclaiming for my daughter. Have not yet received the Allocation Questionnaire so should I send the letter etc to Cobbetts and a copy to the Court or should I wait for the questionnaire. All advice really welcome. Will keep you posted re progress. Still finding this a little bit scary.

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Sendthe CPR 18 'get lost' letter to Cobbetts, copied to the court. Otherwise wait for the AQ or notice that the AQ has been dispensed with

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.

  • Haha 1

 

 

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If I have seen further it is by standing on the shoulders of Giants. (Sir Isaac Newton)

 

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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Just sent off reply to Cobbetts regarding their request for more info. under CPR 18 also sent copy to Court at Northampton, decided to answer their queries in the hope it may speed things up a little. What happens next, initiated action via MCOL so will our claim now be moved to our local County Court also have not yet received AQ? Feeling a lot more confident about this since we found this site.

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Have also sent to Cobbetts a CPR 18 request of my own for further info. having read some of the other threads. have given them til 25th June to reply to my request. Has anyone else taken this course of action and what is likely to be Cobbetts response. Have tried searching the forum re this query without success.

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Hi scrumpy

 

Both I and stevepm have done it recently. Stevepm's was in response to their CPR 18, mine was because I thought I'd give it a whirl. THe response? deafening silence (so far).

 

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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Hi scrumpy

 

What I should have said in my previous post was that I suggested 3 ways for the court to manage my claim in my AQ:

 

1) strike out defence as abuse of process

2) order my CPR 18 request

3) order the suggsted (new AQ strategy) directions

 

It will be interesting to see which, if any, the court choses.

 

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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Have been reading up on what will be required if we need to prepare for Court but can't find the Australian Default Charges Report and O F T Statement. Can anyone assist please.

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  • 2 weeks later...

Told by MCOL that our claim was transferred to our local Court last week and we would be hearing from them shortly. The problem is we go on holiday this Thursday for two weeks, is it likely that the Court will send any correspondence with a reply deadline date while we are away?

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They usually gove you 2 weeks to reply anyway. You could do what some others have done in this situation - simpkh ring the court and tell them. They make anote of it and everything is OK

 

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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Recieved Natwest defence and Cobbetts CPR 18 request on 7th June and replied to Cobbetts immediately answering all points re. request for further information, also sent them a CPR 18 Request of our own for further information requiring a reply by 25th June, as expected nothing heard from Cobbetts. In the meantime informed by MCOL that our claim has been moved to our local Court however have not yet heard anything from our local Court re claim being reallocated. My question is can I now send a letter to our local Court requesting they strike out the defence due to non compliance of CPR 18 request by Cobbetts or do I wait for the Court to contact me first re claim reallocation and possible AQ. We are going on holiday on Thurs. 28th for 2 weeks so would like to try to sort this out before we go so we don't come back to any nasty surprises in the post on our return. Thanks for all your help and advice so far. Scrumpy

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Hi Scrumpy - I called the Court and dropped them and Cobbets a line before I went on hols (have been moved to Bedford from Northampton) for 2 weeks - they said thanks and that should always let them know if there are dates you can't do or are away for. Have since had a letter saying there is an allocation hearing on 2nd July - they sent it whilst I was away but the date obviously is after I got back. Good luck! x

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  • 3 weeks later...

Recieved NatWest defence and Cobbetts CPR 18 request on 7th June and replied to Cobbetts immediately answering all points re. request for further information, also sent them a CPR 18 Request of our own for further information requiring a reply by 25th June, as expected nothing heard from Cobbetts. Can I now send a letter to our local Court requesting they strike out the defence due to non compliance of CPR 18 request by Cobbetts or do I wait for the Court to contact me first re claim reallocation and possible AQ. I know others have sent CPR 18 Requests to Cobbetts and am wondering what they did if Cobbetts failed to reply.

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Cobbetts only have to reply to your CPR 18 request if the court orders them to do so (as in fact was the case with Cobbetts CPR 18 request to you). What you have to do is to provide draft directions to the court at allocation (with or without AQ) requiring Cobbetts to reply to you rCPR 18 request.

 

However, we all know that CPR 18 doesn'tapply to small calims, so it is a tad cheeky to ask for compliance with your CPR 18 request AND ask for small claims track.

 

A better apporach is to put in 2 draft directios - the first asking for Cobbetts defence to be struck out on the basis they are taking the mick and, failing that, for you and them to disclose everything. See hedgey's tread linked at the bottom of my signature for details

 

 

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