Leigh v Natwest

[steven4064]

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

 

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Any opinions are without prejudice & without liability.

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

[steven4064]

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.

[steven4064]

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.

[steven4064]

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.

[steven4064]

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.

[steven4064]

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

[steven4064]

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

[steven4064]

Click on the line that starts "New NatWest claim?..."

[steven4064]

Did the N157 and letter no say what you need to prepare. It is probably a directions hearing so you will not need to sedn anything. However, you should send the 'new' draft directions - see Hedgey's thread linked from my signature

[steven4064]

I would ring the court and ask them what you need to do. Whatever else you do, make sure you send in the draft directions though

[steven4064]

That's the one - there is also a letter you might use as a basis to go with it here: http://www.consumeractiongroup.co.uk/forum/show-post/post-711002.html (in fact the draft directions are there too)

[steven4064]

Yes, and tell the court that you have served it on Cobbetts too

[steven4064]

Thaving read the Draft Order I think it really backs Cobbetts into a corner and should shake them up a bit.

That is it's whole point