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Natwest settled! v CPR18 from Cobbetts!


reclaimone
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Hi everyone!

 

I completed a claim online with MCOL.

 

I received a letter from Natwest on 29/05/07 informing me they would pay the full amount I was claiming for without admission or liability.

 

All I had to do was sign forms and money would be credited to my account.

 

I have received a CPR18 letter today (20/6/07) from Cobbetts saying they intend to defend!

 

Anyone help?:confused:

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It is a case of the left hand not talking to the right.

 

As you have gone down the MCOL road your claim has increased due to the court fees and 8% interest.

 

Nat West will only settle the charges and as such it is your choice as to whether or not you settle with NW or continue the claim.

 

Have Cobbetts given any indication as to what their defence is going to be?

PPMAN159

 

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Natwest are offering the full amount including court fee refund.

 

Paragraph 1 says:

 

This defence is filed and served without prejudice to the defendents case that the particulars of the claim do not disclose reasonsable grounds for bringing a claim against the defendent to recover the bank charges (and interest thereon) referred to in the Particulars of the claim or any other sum(s). In the event that the claim is not properly particularised then the defendent will apply to strike out the claim and/or for summary judgment in respect of the same.

 

??????????

:confused:

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Im sorry if everybody is getting confused. I have been offered full amount including interest and fees. I have signed my acceptance letter and sent back. And still I get a defence letter!

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I can only think that until you have accepted or rejected the offer made by Nat West, tehn Cobbetts will assume that the case is ongoing.

 

I would send a copy of your acceptance letter to them so that they are made aware of the situation.

 

But do not cancel the case until the money is in your account.

PPMAN159

 

If this comment has helped please click on the scales.

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  • 4 weeks later...

Hi folks.

 

Friend has an old business account with Natwest. Sole Trader.

I have calculated he is owed £20K inc interest.

Anyone got any ideas on this.

Going to send standard letters but dont expect to hear anything.

 

I need advice for when I process claim with MCOL.

 

Help!

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I think the best thing you can do is post informing us where he/you are up to at each stage as we need all the information available to help us. Do pletny of searching and reading round the site for other business claims and also in the FAQs section of the site.

Ex CAG helper ^_^

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Also, have a read through these two threads for some additional info on reclaiming from business accounts. Business Claims - basic guide Sample letter to your bank - business version

 

If it gets to the point where you don't have a payout after prelim and LBA, I'd advise you to look at filing N1 at your local county court - particularly with such a large claim.

 

Best of luck :)

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

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*** 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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hiya-my n1's just been posted to court-its for £5500+£900 stat % so also in same boat as you-a cashier in our local court office did advise that due to banks wasting time etc-many are being dealt with by small claims anyway

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

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  • 3 months later...

Thanks again for the quality advice.

I have all statements to hand, but not a complete breakdown of the charges applied each month, even tho I asked for them.

Its took me ages to get to this point!

Do I request the notification sheets again, or File N1 claim now?:)

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Thanks again for the quality advice.

I asked for the notification sheets asking for a breakdown of monthly charges to no avail.

Have all statements available showing total charges each month.

Do I ask again for the breakdown of charges or file N1 claim?:)

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Hi again,

 

Natwest finally have been in touch offering £5828. I was after £17971.90 which was mixture of fees and monthly charges.

 

Obv not happy with settlement figure.

Do I accept or take to court?

 

Bit worried as Natwest would definitely defend this claim, and dont know whether I would be confident enough to win.

 

So do i :

 

a) accept (5828 better tham nothing)

b) take a chance and defend myself

c) use a claims management company

 

Help very much appreciated

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It is of course up to you, but personally I would reject the offer and proceed with the claim. I wouldn't use a claims management company either. Some of these jokers will charge you up to 27% plus VAT for something you can do your self. However at the end of the day the choice is yours.

Please Click The Scales if I have been of help to you.

 

 

Kensington Mortgages withdrawn. no costs

NatWest Settled in full

Abbey Court Settled in Full

Capital 1 settled in full

Halifax settled in full :D

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I agree with the above. Dont claim through MCOL. File your claim asap, according to your timetable and wait for the High Court result in January. (although the hearing will not cover business claims, I am sure it will become a benchmark for settlements, especially if the banks lose big time). The offer on the table now will be increased. Are you claiming earlier than limitation period? If not, prepare that amount too, and threaten to increase your claim unless they agree to settle the £17,000 before the High Clourt hearing. Then if the hearing is good, you go no holds barred.

Its WAR

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Thanks Haydn.

 

So by filing court claim - u think they will increase the settlement amount offered to me.

 

Its a closed account between 2003 and 2005.

 

They never gave me a full breakdown on charges each month which i have asked for, so im going for the full amount.

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Hi Reclaimone,

 

As far as the bank increasing their offer. I am suggesting that IF the High Court action is successful, the banks will probably be obliged to settle all pre existing claims without the need for continued litigation. Although the hearing doesnt deal with business claims, I expect all claims will just be settled in full and without a hearing. The judgement may also set a tone for all other settlements.

 

I suppose we then wait for positive settlements regarding pre limitation act claims etc.

Its WAR

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