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Cheddar V Natwest **WON**


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Okay brain not really in gear but had a go at doing a letter in response to the defence to the courts and will cc to Cobbetts:

 

I am writing to inform you that I have received a full defence from the defendant NatWest Bank Plc today 16th October 2006.

 

I feel I have answered all the questions that the Defendants representatives appear to be asking and have sent the Defendant the full details of my claim on at least 2 occasions already.

 

I note that Cobbetts defence and requests seem to be based on a standard template being sent out to all claimants regardless of the way the Claimants claim is constructed and its only purpose appears to be to frustrate and intimidate.

 

Should the courts require any further information please do not hesitate to contact me using the contact details above.

 

Can someone let me know what they think please? And souhld i send Cobbett a schedule of charges? And if so is it the one showing the 8% interest?? :D

Ex CAG helper ^_^

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So do i need to send them a schedule of charges again anyone? Tbh i would rather not cos i don't really want my sister seeing all my details (charges etc). Don't ask my why. But if i should then i will! :S

Ex CAG helper ^_^

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This is what i came up with in the end and have sent everything to my sister! lol! i'm like a yoyo today! can't be bothered going to Library! Too much hassle!

 

I am writing to inform you that I have received a full defence from the defendant NatWest Bank Plc today 16th October 2006.

 

I feel I have already answered all the questions that the Defendants representatives appear to be asking and have sent the Defendant the full details of my claim on at least 2 occasions already. However I will send Cobbetts a schedule of charges.

 

I note that Cobbetts defence and requests seem to be based on a standard template being sent out to all claimants regardless of the way the Claimants claim is constructed and its only purpose appears to be to frustrate and intimidate.

 

Should the courts require any further information please do not hesitate to contact me using the contact details above.

 

And this to Cobbetts:

 

I refer to you defence received by ourselves on the 16th October 2006.

 

Please find enclosed letter of acknowledgement to Bolton Law Courts and a schedule of charges relating to the above claim for:

 

Mr & Mrs Ched

Account Number: ******

Sort Code: **-**-**.

 

Yours sincerely

 

And obviously my schedule of charges. :D

  • Haha 1

Ex CAG helper ^_^

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Okay then, get onto this. Me being the unorganized and busy bee that i am haven't managed to pick the letters up and send them off, but guess what I get through the post this morning??

 

An offer from Cobbetts (usual you will fail in court, reasonable offer etc) for £1300 - half of my claim.

 

What the billy-o do I do now?? Usually this is sent further down the line and refusal results in full settlement doesn't it? Am I gonna get my money earlier than I thought??

 

Heeeelp! :p

Ex CAG helper ^_^

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Here's the precursor to full settlement:

Dear [named sender or Sirs]

 

Thank you for your letter dated xx/xx/xx

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, interest and court fees totalling £xxxx

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I trust this clarifies my position.

 

Yours faithfully

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So thats it and then they (hopefully) send a full offer? I haven't had to acknowledge their defnce, go theu a CRP18 argument or anything. Wow! I am well lucky! Can I ring to decline? (Impatient aren't i? lol)

Ex CAG helper ^_^

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Hi chedder

 

I got a part offer through today too! Mine was for £1500 just under half my claim so I will be using the above letter too. I thought it was weird that they sent my part offer two weeks before they even had to file a defence! I've had no CPR or AQ stuff at all.

 

What do you think your going to do?

 

Mandy

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Right, letter sent off today and I left a voicemail for Lyndsey letting her know I have sent it and will only accept as part payment, withdrawing the claim only on the basis of full settlement.

 

Whoot! Can't wait!

Ex CAG helper ^_^

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Hmm right now i have been sent an AQ so i am not really sure what my next move is....anyone? I haven't heard anything from Cobbetts in reply to my letter that i sent refusing the 50% offer....?

Ex CAG helper ^_^

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Quite normal to receive AQ at this stage tho often partial offers start after you send back AQ.

Hold off till the last possible date to return AQ cos it costs £100 to file it at court.

If you get a full offer in the meantime then you'll save yourself that fee, if they don't send an offer then you'll have to return it with fee and bat on till you get full settlement.

good luck:p

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However, If you have got the cash to spare do put it in. Cobbetts didn't wait until the last minute with me. When they are both in a judge will look at it.

I note that you are also in the North-West. The judge here in Warrington allocated mine to the fast track and ordered standard disclosure - NatWest folded very quickly on hearing that news:lol:.

NatWest Charges: £3708.81. Allocated to fast track 14/10/06. *SETTLED IN FULL* 23/10/06 5% donation made

 

HSBC Default Removal and £186 charges: N1 claim issued 28/11/06 *WON* 28/02/07 5% donation made

 

Egg Charges: £370. N1 claim issued 24/11/06. *SETTLED IN FULL* 12/01/07 5% donation made

 

Natwest Student: £150. N1 claim issued 24/11/06. *SETTLED IN FULL* 10/12/06 5% donation made

Natwest Credit card: £317.01 INCLUDING CONTRACTUAL INTEREST, *WON* 30/11/06 5% Donation Made

 

Ikano Data Protection Act deception and non-complience: N1 claim issued 28/11/06. *SETTLED IN FULL* 12/12/06 5% donation made

I am not a lawyer. All advice is merely my own opinion. Nevertheless, I've won £4675 so far!

Tip my scales if you like my advice :)

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Hmm so even though i have been offered the 50% I should still go for the AQ and also do I pay the £100 if i am exempt from court fees? Couldn't see that anywhere when I got details thru the post from the court....

 

Also should i send those letters that i wrote out the other day? Re the acknowledgement of the defence and the fact i thought i had answered all their questions? I didn't send it because i was given an offer before i had chance to! lol!

Ex CAG helper ^_^

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Okay just rang court and asked about the AQ I fill in another EX160 and get more proof so I don't have to pay the fee.

 

But the letters acknowledging the defence, should I even bother? Seeing as the court know I have had it and sent me a copy as well and cobbetts know too as they are making me an offer anyway......?

Ex CAG helper ^_^

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Well I got a phone call from Cobbetts today saying they had got me letter re their offer and will be acting upon their clients instructions in due course.

 

Can't really now see the point in even replying to the defence as we seem to have gone past that stage.

 

So now thinking that I might wait a few days before the AQ is due to see if they make the full offer, not really a problem just saves a trip into town for me.

 

Thoughts anyone??

Ex CAG helper ^_^

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Cheddar, looking at Chris Watkins' experience, its the setting of the court date that prompts the final settlement now, so I wouldn't bother with the letters. You've filed you AQ I think, so shouldn't be long, mine went in yesterday.

  • Confused 1

NatWest claim filed 7th Sept, acknowledged 13/9, filed judgement by default 12/10/06,defence and cpr18 rec'd 13/10, Cobbetts AQ rec'd 1/11/06, offered £2000 2/11, refusal sent 3/11, cheque recd 18/11 for £3854.54...WON

Natwest 2nd account S.A.R - (Subject Access Request) sent 19/9,request for payment sent 2/11, £165

Ace Cards & gifts S.A.R - (Subject Access Request) sent 19/9, statements received 27/9, request for refund of £259 sent 28/9

***WON Ace cheque received 18/11***

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I haven't filed the AQ but I agree with you I think i'm gonna wander in tomorrow and get it in. And yeah it will cost them £100 and I don't pay it anyway! lol! Just odd that they seem to be changing their tactics with my claim. Making an offer straight after the defence was put in??

Ex CAG helper ^_^

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This sounds similar to my experience. The judges are aware of Cobbetts tactics and will do their best to allocate soon. They are even double booking courts now - with a bank case and a real case as they all now know that these NEVER come to court!

  • Confused 1

NatWest Charges: £3708.81. Allocated to fast track 14/10/06. *SETTLED IN FULL* 23/10/06 5% donation made

 

HSBC Default Removal and £186 charges: N1 claim issued 28/11/06 *WON* 28/02/07 5% donation made

 

Egg Charges: £370. N1 claim issued 24/11/06. *SETTLED IN FULL* 12/01/07 5% donation made

 

Natwest Student: £150. N1 claim issued 24/11/06. *SETTLED IN FULL* 10/12/06 5% donation made

Natwest Credit card: £317.01 INCLUDING CONTRACTUAL INTEREST, *WON* 30/11/06 5% Donation Made

 

Ikano Data Protection Act deception and non-complience: N1 claim issued 28/11/06. *SETTLED IN FULL* 12/12/06 5% donation made

I am not a lawyer. All advice is merely my own opinion. Nevertheless, I've won £4675 so far!

Tip my scales if you like my advice :)

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