amills58 v natwest

[hedgey06]

Don't worry Adam, standard cobblers from cobbetts. They like to do this to claimants who file with MCOL - basically as there isn't really enough room to input information as thoroughly as the N1 hard copy claim form. Have a good look at the letter in this thread http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html and follow Martin's advice. Send cobbetts the letter along with a copy of your schedule of charges. If you don't have a schedule of charges, you'll need to compile yourself one from one of these spreadsheets here Download the correct one for your PC (use one of the simple versions if you're only claiming the s69 8% interest) and enter each charge into the spreadsheet (it automatically works out the interest for you). Send your local county court a copy of this letter here http://www.consumeractiongroup.co.uk/forum/natwest-bank/55874-letter-court-re-cpr18.html as soon as your claim has been transferred to them. Try not to worry too much though - if you have a read through some threads on this forum you'll find that cobbetts send out the same defence on a regular basis. Poor dears only have 3 or 4 templates to use on us - bless!

[amills58]

Hi all is this letter ok to send off to Cobbetts in response to their defence???? also I have done the spredsheet for the charges using the template on here, I will send that but it has a higher amount by £15 because of the interest, I will send off the one I originally sent to Natwest as well

Dear Sir

Claim No: ********

 

I Acknowledge the receipt of the defence posted on behalf of National Westminster Bank plc.

I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative

Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. However, for clarity, I confirm the charges I am claiming were applied to the following account:

Account Name: MR A MILLER

Account number: ********

Sort Code: ******

 

Please also find enclosed a breakdown of all charges I am claiming, one is the bank Charges interest calculator originally sent to NatWest and the other is Schedule of claim for charges.

 

 

Yours Faithfully

[hedgey06]

That looks fine Adam - quick work too!

[amills58]

I'V got another question I don't know if it is one that may sound a bit silly but here goes anyway

 

on the statements where it says, charge, paid referral or referral charge for June (or any other month) £25.00 I can reclaim that???

 

Also there are charges that only say for example,

30MAY A/C ******** £25 I can recalim them to????? for those I have put them as CLEARED TRANSACTION on the spreadsheet is that right???

 

Some of these charges go really quite high

[hedgey06]

Paid referral/referral fees (£25) can be reclaimed - I think they charge you a maximum of three per month on these. I don't know about cleared transaction - if it's £25 it sounds like the referral charge. Check the sticky on charges to confirm.

[amills58]

Hedgey06

 

I have checked the sticky it does not say anything about that CLEARD TRANSACTION, I don't actually know if it is called that but, the statements do not give it a name it just says charge and some go as high as £37.

 

Thanks

 

Adam

[hedgey06]

So does it say charge - or charge for cleared transaction? And have you got an Advantage Gold account?

[amills58]

I do have an advantage gold account

 

on the statement it says

 

for example: charges 28JUNE A/C ******** £37

 

that is literaly what it says.... what do you reckon

[hedgey06]

It's the 'unarranged borrowing fee' - there's an explanation of it in the nat west sticky thread on charges. You can reclaim this, but because you have an advantage gold account you should have deducted the AG fee from this and just reclaimed the charge. Don't worry if you didn't do this - cobbetts will go over your schedule/statements with a fine tooth comb anyway, and they'll just deduct the AG fee from your overall claim.

[amills58]

Hi

 

This morning I recieved my notice of transfer of proceedings from the court.

 

They have transfered my case to the Norwich County court, which is obvious as that is the area I live. On the second page it says:

 

IT IS ORDERED THAT -

1. The filling of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.

 

Right this means that I don't have to do the AQ right as I did not recieve one.... will there be any kind of fee that I have to pay???

 

Also there is no hearing date how long after this letter does that usually come..

and should I still send this letter to the court in response to cobbetts asking for CPR part 18 request Send your local county court a copy of this letter here http://www.consumeractiongroup.c o....-re-cpr18.html as soon as your claim has been transferred to them.

 

Help and advice please.....

[livelylad]

Yes you may still have to pay the fee, if your claim is over £1500 you need to ringthe court and ask if they want you to pay the fee. Yes follow hedgeys advice regarding the part 18 request.

[amills58]

right will do, when do you think I will get the hearing date, how long after does that usually come??

[amills58]

hi

 

do I do this now the court has dispensed with the AQ

 

you send the Draft Direction to the court you've now been transferred to - the same as if you were filing an AQ using the new strategy:

New strategy for Allocation Questionaires

So, this would mean a cover note like this:

 

I have not copied the letter but would I send it with the Draft dirctions to the court........

[amills58]

hi

 

do I do this now the court has dispensed with the AQ

 

you send the Draft Direction to the court you've now been transferred to - the same as if you were filing an AQ using the new strategy:

New strategy for Allocation Questionaires

So, this would mean a cover note like this:

 

I have not copied the letter but would I send it with the Draft dirctions to the court........

 

 

Hi sorry to be a pain but would I do this

 

thanks

[hedgey06]

Amills, have you received notification from your county court that the AQ is being dispensed with yet - or just the notification from Northampton?

[amills58]

yes I have, it arrived today, the AQ is being dispensed with, so do you think I should do the new stratagy and draft directions or just send them a letter regarding cobbetts requst for CPR part 18????

[hedgey06]

If your own county court are dispensing with the AQ, you can still send the draft order for directions. With regards to Cobbetts CPR 18 request, you need to send them the letter in the link that I previously posted. The letter to the court re: the CPR 18 request should be sent to your county court. But this is seperate to the AQ.

 

Deal with the CPR 18 stuff - then send the court the draft order for directions.

[amills58]

Brill,

 

I did'nt know if I could send both, but I shall send the CPR part 18 stuff to the courts, and then the letter about the draft directions, which I will have to modify to suit cobbetts defence that they sent to me, is that right????

 

Also Hedgey06 now I have recieved my notice of transfer from the courts, how long after do they set the hearing date usually?????

 

thanks

[hedgey06]

The Draft Order for Directions should be sent as it is - no need to modify it. You'll basically be asking the court to grant the order regardless of cobbetts' defence.

 

It's difficult to judge when a hearing date will be set as county courts throughout the country differ. For example, on 16th June I received an AQ and returned it along with the Draft Order for Directions by the deadline date of 3rd July - and I've been informed I'll be looking at 2 to 4 weeks from 3rd July before I hear anything.

 

It's a waiting game unfortunately, but as Parkvale would say - patience is a virtue!

[amills58]

Hi

 

I have just rang Norwich county court to ask if I had to pay the AQ fee, they said that I did'nt and the case is with the judge, who will set a hearing date. thats got to be a good thing right????

 

Also do you still think I should do the draft order for dirctions with the covering letter?????

 

thanks

[amills58]

Any thoughts on if I should do the draft order for directions and cover letter??.... sorry to be a pain

[hedgey06]

Hi

 

I have just rang Norwich county court to ask if I had to pay the AQ fee, they said that I did'nt and the case is with the judge, who will set a hearing date. thats got to be a good thing right????

 

Also do you still think I should do the draft order for dirctions with the covering letter?????

 

thanks

 

If the case is already with the judge (who's preparing to set a hearing date) I'd be inclined to say it could be too late to send the Draft Order for Directions now.

 

Seems like the judge has got the case awfully quick though. Thought you only received notification from them on the 7th??? No disrespect but I'd be inclined to phone the court again tomorrow just to double-check - and if the judge hasn't actually looked at your claim yet, send the Draft order.

[amills58]

Yes thats right I did get the notification on the 7th, when I spoke to the person on the phone today, she said the case is with the judge who will set a hearing date, but I will take your advice and give them another ring tomorrow... could that be a bad thing that the judge has it this quick???

 

thanks

[hedgey06]

NO! Probably means they're not completely inundated in that court with bank charge claims!

[amills58]

Hi

 

I have just recieved another letter from Natwest saying that their goodwill offer is still open, they sent me a rather long letter basicaly saying that beacause of the test case they have asked the FOS and the courts not to proceed with any other case until this is resolved.

 

The offer is for £973 and the claim is for £1500 with fees, what do you think I should do, it does not look like I am going to win now

 

please help