iainlinsdell v Natwest

[iainlinsdell]

Hey everyone.

1st post so excuse any mistakes.

I have rec'd an full/fin stlment offer of approx 60% value but this is not in response to the court action, (I don't think). State of play so far:

¬have submitted 1st/2nd letters to NATWEST along with charges schedule

¬have submitted claim via MCOL for £2371.40

¬rec'd a letter acknowledging receipt of 2nd letter from NATWEST

¬rec'd an offer in full and final of £1398 with the covering letter that now seems to be standard, (fees charged when I ask for an extension by my actions etc)

 

My 14 days are up by 10th June. What do I do next? I'm going to write and decline the offer as per the instructions in the letter. does their offer constitute an action in accordance with the possible actions explained via the court. Can I expect a reply in response to the court action as well? What should I write in the letter? I'm a bit confused. I definitely want to pursue the full amount. What should I do next? AAAARGH!!!!

[steven4064]

Hi iain

 

Welcome to the NatWest forum. We are all in this together.

 

Cobbetts, NatWest's solicitors will almost certainly reply to the court that they are going to defend the case. Then 2 weeks later you will get their defence which will contain all the usual nonsense - they will declare themselves 'embarrassed' (uthough, not because they are in the wrong and have been caught out which is what they ought to be embarrassed about!) and the case will be moved to your local court somewhere in there.

 

You will then get an Allocation Questionnaire and we will help you fill that in when the time comes - read the sticky on AQs in the templates section.

 

Cobbetts usually go right to the line and you might not get an offer until the day before te court hearing is due. But you will get one before NatWest have to show up in court.

 

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

[medicman]

hello , im medicman i have just recieved an aknowledgement of service letter from cobbetts saying they are going to defend all of my claim what do i do now if anyone can advise please help as i dont have a clue !!!!

 

thanks medicman vs natwest

[steven4064]

Hi medicman. Firstly it would be best if you start your own thread so we don't get confused and you can get the help you need. At the bottom of the Nat West forum there is a button marked "new thread" - click that.

 

Secondly, welcome to the club - we all eventually get that letter from Cobbetts so don't panic. Plenty of people here know what to do next.

 

I'm off to bed now but I or someone else will catch you on your thread.

 

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

[Guest ChloeJane]

Hi there,

 

Firstly you need to reject their offer. A rejection letter is found here

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

There are two templates - one for if the offer was made by the bank - the second if the offer was made by their legal people.

 

You have a right to pursue the full claim and can expect a defence. This is all just part of the process.

 

The defence is usually a standard reply of their fees are justified, so there is nothing to be done till this arrives.

 

If you filed through Money claim online, the matter if defended will be sent to your local court, so wait till they get in touch with you.

 

Other than that, you just need to be patient now and not lose your nerve and be confident.

 

The letters in reply from the banks to yours and from their legal representatives due to the many claims, are often crossing over and causing confusion.

 

Hope this helps and post back when you have the defence - don't forget the rejection offer and send it back to who ever sent the offer, and if it was the bank, then send a copy to their legal representatives so they know you are pursuing the full amount.

 

CJ

[steven4064]

Quick point CJ - is this post in answer to OP or medicman (or indeed both)?

 

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

[iainlinsdell]

Thanks everyone. its gratifying to know that there are people out there in the same boat and have been through the process before me. I'll send the rejection letter and wait for the defence and keep you posted. However, if I don't recieve a reply by the 14th day do I enter a judgement online? Does the offer 'in hand' from the bank constitute an offer or reply in relation to the online claim? Will I be right in entering a judgment if the 14th day lapses?

[iainlinsdell]

Ok, so I refused the offer and received an acknowledgement giving them extra time. Then they submitted a full defence, which now means that I'll get a court date nearer home. I presume that the next thing I'll receive is the CPR18 from Cobbetts and the stuff from the court; (date, allocation questionnaire etc). Am I entitled to feel a little nervous at this stage... Do I sit tight, ignore the CPR18 and wait for an offer on the death? I presume I should prepare for court in the expectation that they'll settle? Do I have to go to court at all and still expect a ruling in my favour? I know I could find these answers by searching the 'site but I think I need a little lovin' up!! Also, does anyone know how SharonGrant got on?

[steven4064]

Iain

 

You seem to understand the process pretty well. You are entitled to feel a little nervous bu there will be people here to help all the way along the line. You will probably get an offer (just) before the court date but you may not. You may get to go to court but Cobbetts/NatWest won't be there so you would get a ruling in your favour.

 

Just postat each stage and we'll help.

 

(I can't find out about Sharon either)

 

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

[iainlinsdell]

Right then! Thanks for that steven. I have the Cobbetts reply in hand along with full defence. I've read the info about responding to the CPR18 and have found the exemplar letter to court bemoaning the "vexatious litigation" tactics etc. Is this what I should be sending off as there is other guidance that seems to point me to responding...? Further to this, do I need to send Cobblers a copy of the schedule of charges which I sent to the bank with my LBA? Should this also have been sent to the court or does this info go with the acknowledgment quest? Should I just send everything to everyone registered mail????? (bloody 'ell)

[steven4064]

Iain

 

Yes, send the "vexatious litigation" letter. Yes, send Cobbetts a schedule of charges (NatWest don't seem to give them anything) and copy the letter to the court. The advice is to send everything registered mail (although personally I don't bother with everything - but you didn't hear that!)

 

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

[iainlinsdell]

Cheers for that Steven

[steven4064]

BTW Iain do you know about the Manchester 'meet' on 11 August?

 

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

[iainlinsdell]

No mate, what meet?

[iainlinsdell]

Steven,

Can I clarify; Cobblers are asking for a breakdown of charges, including info about how they're described... "item 2.3 In relation to each charge, please identify (a) the date of the charge, (b) the amount, © the reason(s) given for the charging of the same"

 

In my schedule of chgs I detailed the amounts and dates but not description of charge. Should I add this before I send it to the court and to Cobblers?

[iainlinsdell]

Hey everyone,

I already have a thread but need some quick advice and can't seem to find the right guidance by searching. I'm at the stage of having rec'd the defence from Cobblers, along with a CPR 18. What I need to know is this:

 

Do I need to respond to their request for a detailed breakdown of charges? I have already submitted a schedule of charges to the bank which show amounts and dates but not descriptions, which is what NATwest are asking for. Can I ignore this and send the schedule as it stands both to the court and Cobblers? BTW, I also intend to send the 'vexatious Litigation' letter to the court... what are peoples thoughts?

[hedgey06]

You only need to respond to the CPR 18 request if the judge orders you to do so. However, if you want to respond - send this http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html along with the corresponding letter to the courts (see nat west sticky's)

[Parkvale]

iainlinsdell, Please stick to one thread. Otherwise your claim will get very hard to follow and help.

 

 

Threads merged

[iainlinsdell]

Hey Hey everyone!.

 

I'm a bit concerned about two things; firstly, I haven't heard from the court since they full defence was issued; letter rec'd from cobblers dated 21st June. Should I have heard by now? secondly, cobblers have asked for a schedule of charges detailing every aspect of the charge. Should I send this? I've attached a copy of the two scheds I've prepared; which do you think? I need to send it off reg mail tomoz so advice would be welcome.

 

thanks in advance...

scehdule 1.doc

schedule2.doc

[Michael Browne]

Schedule 2, since you must mention each type of charge.

 

Are you not claiming s69 8% interest?

[iainlinsdell]

Hi Michael,

No, can't say I have any reason - perhaps thought of it as a step too far. Wish I had done now.

[Michael Browne]

You can amend your claim (£35 fee - unreclaimable)

 

See here for aguide:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-claim-too-vague-defence.html

[iainlinsdell]

Hi everyone,

 

Can I ask you if I have missed a cobblers trick? Along with their defence they sent me a CPR18 request which I have responded to by telling them that I don't need to respond and also sending a letter to the court re vexatious litigation etc. Howerver, upon closer reading it says; CPR18 in accordance with CPR 27.3... what is this "27.3" and does this mean any different response was required? I haven't rec'd a court date yet but the deadline Cobblers set for resonse was the 5th July. any thoughts...?

[Parkvale]

Court’s power to grant a final remedy 27.3 The court may grant any final remedy in relation to a small claim which it could grant if the proceedings were on the fast track or the multi-track.

 

It just means that the court has the final say in which track you are placed. Don't worry about it. Just another Cobblers scare tactic. Good luck.

[iainlinsdell]

Hi everyone,

Very interesting to read about the success in Hull. Really brilliant news for the 'strikeout' claims. Also, the info supplied by zootscoot was good reading, but its put me in a bit of a quandry... I have followed procedure as per the site and am now awaiting my day in court, (21st Sept). cobbetts filed a defence which picked holes in my POC and I responded by clarifying my position to them and the court by sending them both a more detailed schedule. There has been no news from the court about a stay pending the test case. My quandry is whether I need to amend my POC in light of the new POC put together by the Hull team, if indeed this can be done at all. What do people think? So far the info from court has been from the transferring court to my local court stating that they didn't think there was a need to issue an allocation questionnaire and thats it. So... what about the POC...?