amills58 v natwest

[amills58]

HI

 

could someone help with this???

 

thanks

[hedgey06]

It's entirely up to you amills. If you're happy to accept the reduced offer - you should do so. However, whilst Nat West/Cobbetts may be requesting that all claimant's cases are stayed, not all courts are granting their requests.

 

Everybody is in the same boat at the moment - please click on the links in my signature regarding the test case announcement for further information.

[amills58]

HI Hedgey

 

Do you think it would be worth phoning the courts and see what they say.

Also do you think it would be worth calling good old Mr Higley to see if they will up the offer.

 

thanks

[hedgey06]

Borehamwood aren't going to up any 'gesture of goodwill' offer at this stage - they simply won't be dealing with claims until the test case has been heard (everything will be pending). All they're doing is honouring 'payments' that they've already offered to claimants such as yourself.

 

You could try phoning the court to see if they're allowing bank charge cases to proceed as normal or whether they're automatically staying them.

[amills58]

Hi

 

looks like i'm going to loose my bank charges claim kind of, I have just recieved a letter from cobbets saying that they have applied for a stay in my case, it seems I don't have any choice but to accept their 'good will offer' of nearly £600 pounds less of what they should be.....

[hedgey06]

Hi

 

looks like i'm going to loose my bank charges claim kind of, I have just recieved a letter from cobbets saying that they have applied for a stay in my case, it seems I don't have any choice but to accept their 'good will offer' of nearly £600 pounds less of what they should be.....

 

You won't 'lose' your claim - it will just take longer if the court grants the stay. Cobbetts can only request the stay - they can't demand it.......... and it's up to the Judge to decide whether to grant the stay or whether to let the claim continue as normal.

 

You don't have to accept their goodwill offer at all - especially if it's for nearly £600 less than the amount you're reclaiming. You should only accept the offer if you're happy with it. Otherwise, tell them no!

[amills58]

Hi

 

I recieved a letter from the court today saying:

 

Upon neither party attending

 

IT IS ORDERED THAT

 

1. Save as appears in this order, this action be stayed pending the final decision of the test case or further order of the court.

 

2. The defendant shall by 4.00pm 14th September 2007 or by 4.00pm 21 days from the date of this order whichever is the later serve on the claimant a copy of the particulars of claim in the test case or notify the claimant of a website.....

 

3. The defendant shall within 21 days of the final decision in the test case file at court and serve on the claimant:

(a) A case summary of not more than 500 words setting out the effect of the final decision in the test case on this action.

(b) Their proposed directions in this case.

 

4. Upon receipt of the documents set out at paragraph 3 of this order the file be referred to a district judge to consider further dirctions.

 

5. Either party may apply to vary or discarge this order, provided that any application is made in accordance with part 23 of the civil procedure rules and made on 21 days notice.

 

So do you think I should bother to apply for a lift of the stay and does it have to be via that N..... form sorry I can't remember what the form is called, or can I send the letter that is on this site.

 

My 'good will' offer will run out in about 30 days so I need to do somthing quik so I still have the option to accept that whic to hounest looks the easier option.

 

Could someone help on this thanks

[Michael Browne]

2. The defendant shall by 4.00pm 14th September 2007 or by 4.00pm 21 days from the date of this order whichever is the later serve on the claimant a copy of the particulars of claim in the test case or notify the claimant of a website.....

 

I haven't seen this ordered before. It''ll be interesting to see what (if any ) POC's Natwest submit.

 

can I send the letter that is on this site.

 

Paragraph 5 effectively rules this out, if you apply to have the stay set aside, you will have to use N244.