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Libbi vs Natwest - don't want to do it wrong!


libbi85
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Hi, I issued against Natwest after they rudely ignored my letters requesting they pay me back.

 

As soon as I issued they they filed a defence. I;m quite scared now as I don't want to do anything wrong.

 

Is there anyway that's had to go all the way to court and face Natwest - don't think I have the guts to do it.

 

Do I just wait for the courts to send out my allocation questionnaire now they have filed their defence?

 

Oh dear God!!!

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Firstly Libbi, welcome to the Nat west forum. We're all in this together and we are right behind you.

 

The chances of you having to face Nat West in court are about the same as Elvis winning the lottery! In the extremely unlikely event that it gets to court, Nat West won't show.

 

They have filed a defence but have absolutely no intention of defending - it is an abuse of the system and a waste of public resources designed to intimidate you and make you back down. So don't!!

 

Depending where you are the court will either send an AQ or a letter saying the AQ has been dispensed with. Here is what you need inthe 2 cases:

 

AQ: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

No AQ: 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

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Hi Libbi

welcome to the forum :)

First and formost don't panic!! That's exactly the reaction they want to get from you.

 

I waited and waited like you, and got ignored. Who am I kidding they're still trying to ignore me LOL.

I filed on the 10th may, they finally acknowledged on the 30th May they now have till tomorrow till defend, I know for a fact they WILL defend of course. I was worried about that prospect to start with, but there is so much support and advice available here, I no longer care what they try to throw at me, I know even if it got as far as court, they won't turn up so I'm not going to worry about it :)

 

Have a read of some other threads on here, you'll soon see a pattern! they use the same tactics over and over again, to try and intimidate people into giving up by spouting pointless and un necessary leagal mumbo jumbo at them.

 

wait for the court to contact you, either with or without the AQ then follow the links that steven provided in the above link.

 

I'm not gonna say Good luck! ..... you're not gonna need it ;)

 

I will say........ Go Get Em Tiger :D

 

Tempty

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Hi libby

i am in the same boat as you and have been on the site all night finding out all differant things. i have copied and pasted lots off information.to help me (all good fun):) .i think i have tomuch info now,but i have found that looking through this site helps a lot and every thing you need to no is there

good luck dippy:cool:

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Hi dippy

 

If you are going to claim then start your own thread. It's easier to follow what's going on and to help if you have a seperate 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

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Thanks for all your help and advice everyone.

 

Nervous but quite excited about it all. I can't get over how good and supportive this site is.

 

I read through my defence from Cobbetts last night. It looked pretty standard although I didn't understand any of their defence - i expect it was all as it should be though.

 

I think I'm just waiting to hear from the courts now and we'll take it from there...

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Exactly Libbi. Do nothing now until you get copy of defence with directions of what happens next from court. And whatever you do, dont worry about anything................ Cobbetts have a pretty standard way of dealing with all these claims, they will try to intimidate, bully, and generally make you sooooooooo ticked off with the whole process that you will throw the towel in. DONT............... thats what they try to do. Intimidate. Be strong, know inside that you can do this, its really quite easy, the hardest bit is holding your nerve, and not getting impatient for the money. You will win, thats a fact, its just a case of when and not if. They never turn up to court, heck they never even usually get round to submitting a bundle, its very rare, so dont worry, its just that the process drags on a bit. That is by far the worst bit. And dont worry about not understanding their defence, thats not particularly important either. You only need to respond to anything the courts request, not Cobbetts. So head high, on you go, and were all here to help every single step of the way. Go get em girl. Fendy xxxx

NATWEST BANK CLAIM - £16,100.00 WON

ABBEY BANK - £5500.00 WON

CAPITAL ONE VISA - £1800.00 WON

HUBBYS CAPITAL ONE VISA £2012.00 WON

TOTAL WON TO DATE: £25,400

*************************************************:D :D

NATWEST BANK -CLAIM 2 PRE 6 YEARS- ONGOING

ABBEY BANK -CLAIM 2 PRE 6 YEARS - ONGOING

YORKSHIRE BANK - AT SAR STATUS

HALIFAX CREDIT CARD - AT SAR STATUS

PLENTY MORE TO START LATER.

STRENGTH IS SOMETHING YOU CHOOSE IN LIFE, ITS A CONSCIOUS CHOICE YOU MAKE, YOU ARE NOT BORN WITH IT. YOU LEARN IT.:D :D

 

STRENGTH, YOURE NOT BORN WITH IT, YOU LEARN IT :confused:DUE TO WHAT LIFE DOES TO YOU. :)

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Thanks Fendyweather.

 

Will keep you updated when I get the details through from the courts.

 

I've got the bug now!

 

I've decided I'm going to chase all my ex accounts now. I had a credit card with Natwest but I don't have any details or statements from it. Does anybody know how I can find these out. I know when I first started with my current account with Natwest they told me a load of rubbish about how they don't keep any records - yeah alright!!!

 

Any ideas about how to get hold of my credit card details?

 

Thanks

 

L x

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Send an S.A.R - (Subject Access Request) with you name and address(es) they should be able to provide your account number (that is a peice of information they hold on you) as well as the statements.

 

In fact, you could argue that as you sent a Subject Access Request before and not just a request for statements on one account, this is information they SHOULD have supplied then. In the same situation, this is what we did - we referred them back to the previous request and told them they hadn't actually fully complied. We didn'tsend them £10. Having said that, we haven't heard from them yet!

 

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

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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  • 2 weeks later...

Hi,

 

Quick update. Natwest filed their defence and I have just received the allocation questionaaire through from the courts which I need to fill out.

 

I have two queries where people I know have been giving me advise and I'm not entirely sure what I need to do.

 

Query 1) in the defence it states 'On allocation the Defendant invites the court to direct that there be a case management conference in order for the court to consider the making of appropriate orders to give the Claimant the opportunity to properly partuculise the claim'. Does this mean the court can ask me to get evidence of my particulars. The particulars I put in were from this website so I though it would all be ok. Has anyone had this statement in the defence.

 

Query 2) My brother has just won a case with Yorkshire Bank. He has advised me to add a proposed directions sheet into my allocation questionnaire and sent me some info to put in. Is this the norm?

 

Please help.

 

Thanks

 

Lib x

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Hi,

 

Is there anywhere I can find a a standard defence from Cobetts. I'm a little bit worried about the defence they have sent as I don't understand anything it says and I've just seen the defence that my friend has received from another bank and it looks completely different to mine.

 

Thanks

 

Libbi :confused:

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Hi,

 

Please can someone advise what to put in the section on the allocation questionnaire asking:

 

In the space below, set out any other information you consider will help the judge to manage or clarify the claim, including any other information you consider should be supplied by the other party.

 

Thanks

 

Libbi

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Hi Libbi, you've got two options:

 

a) complete the AQ using the basic guidance notes or

b) complete it but ask for their defence to be struck out as an abuse of process and attach the draft order for directions. This is a more aggresive approach and requires a bit of time and effort getting paperwork together, but an awful lot of us are going down this route now.

 

Post back and let me know which links you'd like me to help you with........ a) - or b)!!! ;)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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Hi Libbi,

 

As requested, in Section G Other Information you write:

 

Please find the following documents attached to this allocation questionnaire:

 

1A) Section G - other information

1B) Sample List of Settled Cases

1C) Text of order made by Lincoln County Court

1D) Mullen -v- Hackney BC (1997) 2A11ER 906

2A) Draft Order fo Directions

 

This allocation questionnaire and its attachments were sent to the defendant on xxxxxxxxx 2007.

 

For attachment 1B), go into the Litigations Section (main forum page) and tick the boxes for claim number, bank (national westminster), sum claimed, date. You can also choose whether or not just to include concluded cases if you wish. Choose font size 8 to get the best printoff - then enter the details which open in a new window. Print these off as attachment 1B).

 

Attachment 2A) is here http://www.consumeractiongroup.c o....tionaires.html and you might find the following useful Allocation Questionnaires - A guide to completion I'll email the additional attachments over to you in a mo! xx ;)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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