Jhamb v NatWest***WON***

[jhamb]

Is anyone at similar stage to me? Court hearing just over a week away. Have sent bundles to Cobbetts/Court. Havnt heard anything else from either. Just hoping to hear they will settle before the hearing! Getting a bit nervous now - correct that - VERY nervous! I havnt heard of any claims being struck out at my local court but still wish they would contact me to settle. Does anyone know are Cobbetts in the habit of taking it right to the court hearing date? JG

[jhamb]

Also - I delivered my bundle to court and Cobbetts Solicitors beginning of June - would the court inform me if cobbetts/NatWest have filed their bundle or will they tell me if I ring. If they havnt - can I send letter of non-compliance and ask for this to be struck out in favour of claimant?

[Michael Browne]

would the court inform me if cobbetts/NatWest have filed their bundle or will they tell me if I ring

If they have, it'll be a first + they should have sent you a copy

[jhamb]

One other query if anyone can help. I have a friend who is claiming from Barclays. Has received Transfer of Proceedings to local court with hearing date in September. Is there a template letter to send to the bank trying to get them to settle before the hearing date as my friend does not want it to go that far if possible?

[Michael Browne]

Barclays are dealing with claims in date order and will only be interested in settling 2-3 weeks before the hearing

[jhamb]

I am off work tomorrow so will ring the court and ask if bundle received from Cobbetts. Do you know whether I can request this to be struck out of Cobbetts havnt complied with directions of the Judge to serve their bundle by 4 June? Thanks for getting back with reply JG

[jhamb]

Sorry, getting bit confused. Wanted to start my own thread as have some questions - getting near to hearing. I think I have already started a thread - maybe two! - but cant find them without putting in a search. Can one of the site helpers please combine my threads with this one and I can than hopefully keep an eye on my questions being answered easier. Thanks for your help Jhamb

[Harlequad]

Hi,

I am Harlequad.I have just discovered this site and my interest is banks and their voracious appetites!

I am an EU citizen but I have retired in Thailand after 32 years in Africa(South Africa,Rhodesia,Botswana)

I am very happy to be a new member and get involved....cheers!

[jhamb]

Welcome!

 

I have been using this site for a little while but - as you can see from my message above - still trying to find my way around! Are you claiming from one of the banks or just interested in whats going on? Jhamb

[jhamb]

Can anyone help please. Iv just phoned local court - my hearing against NatWest a week today - and they have confirmed that nothing has been filed by NatWest (I did receive a defence from cobbetts right at the start). My court bundle was forwarded to court/Cobbetts at the beginning of June. They are now out of the time stated on the directions for filing docs. Is there anything I can do now to prevent the hearing next week or do I just leave it to run its course and turn up hopefully to be told Iv won!!!???

[hedgey06]

I imagine cobbetts are in the process of sorting your cheque out - but they do like to take it to the wire!

 

Have a good read of this thread http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html as it's got really useful information about what you can do at this stage.

 

Don't forget to apply for wasted costs - all detailed in the above thread.

 

Good luck - let us know how you get on. Hedgey x

[jhamb]

Thanks Hedgey

 

Just on my way out but will have a good read of the thread when back later. I rang the court this morning and NatWest/Cobbetts havnt filed anything. I will let you know how it goes and have already downloaded the "wasted costs order" hopefully to use after the win!!!!

 

Jhamb

[Parkvale]

Please stay on one thread otherwise it gets very confusing.

[jhamb]

After ringing the court today and finding out that NatWest have not filed any papers before the hearing next week I looked at the non-compliance letters and thought about sending the one below. I think it is too late for the judge to strike this out now so have changed the final paragraph - can anyone out there let me know what they think of me sending this - thanks..............................

I, the Claimant, refer to the claim as detailed above and specifically the order made by district judge xxxxxxx dated 17 April 2007.

 

I wish to inform the court that the defendant has not complied with the order in that it has not served upon me the evidence, or any such documents, upon which it intends to rely at the forthcoming hearing.

 

I can confirm that my documents were filed on 30 May 2007 and served to the Defendant’s Solicitors Cobbetts by guaranteed next day delivery and posted on 30 May 2007.

 

It is submitted that the Defendants non-compliance creates a significant imbalance between the parties in light of the forthcoming hearing, which I believe to be contrary to the overriding objective. This imbalance is particularly exacerbated by the fact that the Defendant is represented by specialist solicitors, whereas I am a litigant in person.

 

I would respectfully ask Judge xxxxxxxx to consider this disrespect by the defendant before the forthcoming hearing detailed above and also respectfully ask the judge to consider whether this matter may be struck out in favour of the claimant before next week’s hearing so as to not incur any further costs or waste of the court’s time due to the defendant’s unreasonable behaviour and non-compliance of directions by Judge xxxxxxxxxx.

 

[jhamb]

Please stay on one thread otherwise it gets very confusing.

 

Thanks Parkvale - thats why I had to ask for help - was getting confused myself! Cheers for putting them all together - Jhamb

[MARTIN3030]

Thread moved into Natwest Bank forum.

[Harlequad]

Welcome!

 

I have been using this site for a little while but - as you can see from my message above - still trying to find my way around! Are you claiming from one of the banks or just interested in whats going on? Jhamb

Hi Jhamb,

I have some issues with Abbey International in Jersey but no claims.....yet.I am looking to see what other people do to get around all their bull!

[jhamb]

Well, court hearing on Wednesday and heard absolutely nothing from Cobbetts. They havnt even filed papers with the court. Surely if I hadnt filed my court bundle in time, this claim would have been thrown out - shouldnt that be the case with the bank too? I have everything ready to take to court on Wednesday. Is there anyone else that has had to attend the hearing? Can you tell me what I might expect? I know its fairly informal with DJ at head of table and claimant and defendant/cobbetts on the other side (if they turn up). But will the DJ just start off by putting the ball in my court (soz about the pun!) and asking me to explain why I think the charges unfair? Losing sleep now - wish this whole thing was over and done with! Jhamb

[spidy_em]

heyya: hang in there , I won...ya you do brick it before the court date, they sent me a registered letter with my check on the friday before ( due in weds) I never picked my big fat check up till monday- so I cancelled proceedings a day before court. as long as you have followed the timescales you a cha-ching- I never even sent in a court bundle, chances are you will get your check a day or so before- don't fall for their head games. Tell us how you got on....while your losing sleep think about the check in your paw! Spidy- trooper

[hedgey06]

Don't worry mate - I think you'll find that the cheque's definitely in the post soon! Let's face it, they haven't submitted their papers and they'll have no intention of turning up to court. Judge'd probably have a coronory if they did turn up!!

 

Phone cobbetts on Monday morning - see what their intentions are. But if you're still worrying that you'll have to turn up to court on Thursday, have a read through this link (bottom two threads) to calm your nerves a bit! http://www.consumeractiongroup.c o....uidance-notes/

 

Don't worry - you're nearly there! x

[jhamb]

Don't worry mate - I think you'll find that the cheque's definitely in the post soon! Let's face it, they haven't submitted their papers and they'll have no intention of turning up to court. Judge'd probably have a coronory if they did turn up!!

 

Phone cobbetts on Monday morning - see what their intentions are. But if you're still worrying that you'll have to turn up to court on Thursday, have a read through this link (bottom two threads) to calm your nerves a bit! http://www.consumeractiongroup.c o....uidance-notes/

 

Don't worry - you're nearly there! x

 

Thanks for words of encouragement - really helps to know people behind you. Will scan the post Monday and Tuesday and if nothing then - will turn up for hearing on Wednesday - wish me luck! Will keep site informed of outcome jhamb

[hedgey06]

Best of luck jhamb............... but try not to worry too much. Give cobbetts a ring in the morning........... it can't hurt!!!! Best wishes, hedgey xxxx

[jhamb]

I have already started a thread but need advice immediately if anyone out there that can help.

 

Court hearing tomorrow - NatWest. Have received two calls this morning from Cobetts with offer. They have knocked off over £300 as they say these are service charges. I queried this as not stated as service charge on statement. They say these are "included" in some of the charges shown on statement and as such are not penalty charges. I am VERY angry they have left it until day before hearing as doesnt give me much time to think about this. They have gone away to clarify these service charges. Told them would be looking for wasted costs order tomorrow too and they asked for details of this. Basically told them photocopy, day off work etc (was going to sit down tonight and sort this out properly before hearing) - they have caught me on the hop really! Does anyone know anything about service charge being included in the charge shown on statement. Also, they havnt included interest to date. Do I include interest on the whole amount I am claiming which is approx £2700? Im assuming this is compound interest on the whole amount of 8% ? Really appreciate if anyone actually on the site at the moment who could help. Cobbets ringing back in next half hour!!!!! jhamb

[livelylad]

Ok, firstly you are in the driving seat here. They are trying to settle before the morning. I cant really coment on wether the service charge is included without seeing the statement but I believe that they may be. However I am sure they will phone you back very shortly with an offer for the full amount. You could always barter and say that you will consider the £300 as cost for your wasted costs.

[jhamb]

Ok, firstly you are in the driving seat here. They are trying to settle before the morning. I cant really coment on wether the service charge is included without seeing the statement but I believe that they may be. However I am sure they will phone you back very shortly with an offer for the full amount. You could always barter and say that you will consider the £300 as cost for your wasted costs.

 

Thanks so much for prompt reply!!

 

I have mentioned the costs to them so hopefully they will call back with an acceptable figure. Talk about leaving it til the last minute!!! Cheers! Will let you know how I get on jhamb

 

Just one other thing. If they make acceptable offer - do I just phone to court to tell them settled. I think court closes at 4pm so if havnt heard from Cobetts until after then - would court accept phone call first thing in the morning?