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Shade2 V's Nat West


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Hi, I'm new here & am in need of some advice (& reassurance if poss!) I started my claim with Nat West (£3k) back in May (following the advice & using template letters from moneysaving expert). I have had mixed fortunes so far with NW, they lost my first letter (oh dear) then they wrote with a "goodwill gesture" of £1200 which i declined. I then moved the whole thing forward & proceeded via moneyclaim to take them to court. after 14 days, they acknowledged the claim, then on Saturday7th July i recieved a letter from Cobbets saying they will defend the claim, along with a request for further information & a document entitled Defense.

 

They have requested that i give them evidence to identify the date, amount & reason for each charge (I sent highlighted bank statements).

 

They also want me to clarify (in relation to each charge); (a) is it the case of the claimant the same should not have been charged? (b) if yes; please explain why the claimant contends that the same should not have been charged? © if no; is it the case of the claimant that the same should not have been charged in this amount? (d) If yes; please explain why the claimant contends that the same should not have been charged in this amount and identify the sum the claimant contends should have been charged. (e) if no; please state the claimants case.

 

There are a few more requests including one asking me to explain what "Contrary to the unfair terms in consumer contract regulations 1999" & to provide facts based on the above.

 

I have not yet recieved a Court allocation questioniare, but this letter from cobbetts has put the wind up me somewhat.

 

I apologise for the 'longwinded' post, but would greatly appreciate some words of wisdom &/or support.

 

Keep up the good work

 

Shade2

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Welcome on board the nat west forum!

 

As I explained earlier, you've received the CPR part 18 request from cobbetts and you needn't respond to this unless the court orders you to do so. Send cobbetts the letter in the first post on this thread http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html and attach a copy of your schedule of charges (spreadsheet).

 

I'll post back in a mo with a letter that you can send to your local county court as well once your claim is transferred......... and here it is http://www.consumeractiongroup.co.uk/forum/natwest-bank/55874-letter-court-re-cpr18.html (needs adapting/updating slightly as it's a little out of date - you don't have to send this to court, it's just a suggestion).

 

As you filed with MCOL, the AQ may be dispensed with - you'll know more when you receive notification from your local county court. However, post back on this thread when you hear from them and we'll advise you further. ;)

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Hedgey06,

 

Thanks for the advice, it helped me sleep at night...

 

I posted the reply to the CPR (part 18 request) last week, & today recieved a "Notice of Transfer of Proceedings" which is for Cardiff County Court, the Northampton district judge has ordered that "The filling of an AQ be dispensed with in this case unless the district judge at the court of transfer (Cardiff) orders otherwise".

 

I am assuming that this is a normal course of action, but am unsure of my next move as a few issues have arisen, namely.......

 

1)I have lost (can you believe) my copies (& originals) of my last 6 yrs statements. Can i ask the bank for a copy of my original claim, or can i ask for the statements again & change the amount i am claiming for, as i have been hit with more charges since the original claim, Plus add the statutory interest this time?

 

2)I spoke to Cardiff Court & they are swamped with bank charge reclaim cases (over 600 for august) & will not hear mine until at least November!

 

Have i messed up big time with losing my original paperwork? or given the timescales involved, should i withdraw my claim & start afresh? or can i ask the court if i can ammend my original claim?

 

Best regards

 

Shade2

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"Notice of Transfer of Proceedings" which is for Cardiff County Court, the Northampton district judge has ordered that "The filling of an AQ be dispensed with in this case unless the district judge at the court of transfer (Cardiff) orders otherwise". I am assuming that this is a normal course of action

 

All standard stuff. Have you heard from Cardiff yet? (They may/may not still be sending AQ's).

 

I have lost (can you believe) my copies (& originals) of my last 6 yrs statements. Can i ask the bank for a copy of my original claim, or can i ask for the statements again & change the amount i am claiming for, as i have been hit with more charges since the original claim, Plus add the statutory interest this time?

 

You need to address this immediately. You say you've spoken with Cardiff court and they won't be hearing your claim until at least Nov, so you've got time to get your statements in order. I'm afraid you'll have to send another SAR to Edinburgh immediately requesting your statements again (make sure that you request statements from at least a few days before the date of the first charge showing on your schedule of charges though).

 

I hadn't realised that you didn't include s69 interest in your original MCOL claim. You may need to submit an amendment (N244) to your original claim to get the s69 interest added on at this stage. And, if you're doing an amendment - you could add on additional charges to your claim (although it may be best to leave these off and start from prelim with the new charges). Phone Cardiff, explain that your particulars of Claim (POC) are incorrect and ask them if you'll need to submit an amendment form (they'll more than likely say yes).

 

2)I spoke to Cardiff Court & they are swamped with bank charge reclaim cases (over 600 for august) & will not hear mine until at least November!

 

Not a problem - gives you time to get your statements from Nat West and to get your amendment done!

 

Have i messed up big time with losing my original paperwork? or given the timescales involved, should i withdraw my claim & start afresh? or can i ask the court if i can ammend my original claim?

 

Shade, you haven't messed up - it's all 'fixable'. There's no point withdrawing your claim at this point, it's better to just amend the original claim.

 

If you need to do an amendment to your original claim (which I feel you may, but Cardiff court will confirm) post back here and we can explain what you need to do to get your claim accurate. ;)

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Hedgey, many thx for the lightning reply, you are a true champion, I will be recomending you for an OBE (at least) in the new years honors list.

 

Will act on your suggestions & let you know how its going.

 

Your servant.

 

Shade2

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Blimey............ I'm seriously not worthy mate!!!

 

My pleasure Shade.......... let us know how you get on ;)

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Hedgey,

 

Me again, I have ammended my claim (recieved new statements & totted up charges plus interest £3687.47 excluding £120 MCOL fee)

 

I've not yet heard from Cardiff Court, but have downloaded an N244 & need some help filling it in.

 

I also recieved another letter from Cobbetts asking me to substantiate the basis of my claim, by providing bank statements or a schedule of charges. Should i post a copy of the ammended charge sheet (with copy statements) to them, along with a copy of the N244 i am sending to Cardiff?)

 

Yours

 

Shade2

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I have ammended my claim (recieved new statements & totted up charges plus interest £3687.47 excluding £120 MCOL fee)

 

That was quick! Great news though!

 

I also recieved another letter from Cobbetts asking me to substantiate the basis of my claim, by providing bank statements or a schedule of charges. Should i post a copy of the ammended charge sheet (with copy statements) to them, along with a copy of the N244 i am sending to Cardiff?)

 

You could just send them a copy of your updated schedule of charges with a covering letter explaining the changes and that you'll be filing an amendment to the claim. Although I'd usually say don't bother sending them copies of the statements, it may be worthwhile at this point - only as you've updated the SoC.

 

I've not yet heard from Cardiff Court, but have downloaded an N244 & need some help filling it in.

 

You can download a copy of the N244 here You can save it to your computer but you can't save any changes to it (you can only print copies off), so it's best to do all of your amendments in a word document that you can cut and paste onto the N244 once you've got everything right.

 

Before you attempt to do the amendment - read this thread thoroughly first as it explains exactly what to do. But post back on here if you're still unsure about any part of the amendment.

 

Don't forget, it will cost £35 to file the amendment, but it should be worth it in the long run with 8% interest and additional charges added onto the claim. ;)

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Hedgey,

 

I have filled in the N244 (as per instructions) and want to attach the following ammendment to the N244.

 

Is it worded ok & have I calculated the interest correctly?

 

many thanks

 

Shade2

 

PARTICULARS OF CLAIM

 

 

1. The Claimant has an account (Acc No ********) with the Defendant.

 

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999) and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £3010.00 and any interest charged thereon;

 

 

b) Court costs; £120 (Money Claim Online)

 

c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from 29th June 2001 to 5th June 2007 of £677.47 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £.66p

 

I believe that the contents of these particulars of claim are true

 

Signed:

Date:

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Hedgey,

 

I have filled in the N244 (as per instructions) and want to attach the following ammendment to the N244.

 

Is it worded ok & have I calculated the interest correctly?

 

many thanks

 

Shade2

 

PARTICULARS OF CLAIM

 

 

1. The Claimanthasan account (Acc No ********) with the Defendant which was opened on around xxxxxx.

 

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999) and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £3010.00;

 

b) Court costs; £120 (Money Claim Online)

 

c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from 29th June 2001 to 5th June 2007 of £677.47 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £.66p

6. Alternatively, if the charges are a fee for a service, then they must be reasonable under s.15 of the Supply of Goods and Services Act (1982).

 

I believe that the contents of these particulars of claim are true

 

Signed:

 

 

Date:

 

Hi shade, I've made a couple of amendments and you also need to insert the approximate date that the account was opened - but otherwise, looks great! ;)

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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