juson4 vs Natwest

[juson4]

If you haven't done so already, I'd advise you to download one of these 6. Interest calculation spreadsheets - try one of the 'simple' versions - and enter your charges in as directed. Don't delete the info that's already there - just 'overwrite' it until all of your charges are in the spreadsheet and then get rid of anything you don't need (it automatically calculates the 8% interest as well).

 

 

Hedgey to the rescue again. Many thanksxxxxxxx

[juson4]

would it be worth sending another letter to cobbetts such as this in the meantime?

It has come to my attention that as of xx/xx/07, that an Allocation Questionaire may not be required in this case.

 

I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £xxxx . I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would approve of our settling this matter in a timely manner and without their further intervention.

 

For your records, I enclose another copy of my schedule of charges. I look forward to hearing from you.

 

Sincerely,

or am i best to just leave it?

[hedgey06]

To be honest, I wouldn't advise you to send this letter. Wait to hear from the court instead!

[juson4]

To be honest, I wouldn't advise you to send this letter. You've only just filed your claim at court............... so they've got 28 days to submit their defence (from when your claim's deemed served) - and anything could happen in that time. You never know, they may settle!

 

 

Hi sorry ,im getting a bit twitchy at the thoughts of going to court. I'll have patience.

Thanks again....good job you're around to stop me messing up.

xxxxxxxxxxxx

[hedgey06]

What you like! Don't worry - you'll be absolutely fine! You're at the 'waiting stage' now.......... and it goes on forever. You 'wait' for the acknowledgement of service, you 'wait' for the defence, you 'wait' for the claim to be transferred............... total waiting game!!!! Have a read through here http://www.consumeractiongroup.co.uk/forum/natwest-bank/105227-nat-west-claimants-new.html while you're waiting - just to clue yourself up on what to expect next! x

[juson4]

What you like! Don't worry - you'll be absolutely fine! You're at the 'waiting stage' now.......... and it goes on forever. You 'wait' for the acknowledgement of service, you 'wait' for the defence, you 'wait' for the claim to be transferred............... total waiting game!!!! Have a read through here http://www.consumeractiongroup.co.uk/forum/natwest-bank/105227-nat-west-claimants-new.html while you're waiting - just to clue yourself up on what to expect next! x

 

You are good to me I've redone my schedule of charges will i need to send the updated copy to Cobbetts and to the court?

[Bona]

Dont worry about going to court you have every right to be there the court system is there to be fair and in my experience as a litigant in person the majority of time I have always been treated with respect which ever side I have been on judges these days seen to pay more respect to litigants in person if they have prepared their case well and all you have to do is follow the advice on this site you will be fine if it ever gets that far the courts are there for us not them just remeber that

[juson4]

Dont worry about going to court you have every right to be there the court system is there to be fair and in my experience as a litigant in person the majority of time I have always been treated with respect which ever side I have been on judges these days seen to pay more respect to litigants in person if they have prepared their case well and all you have to do is follow the advice on this site you will be fine if it ever gets that far the courts are there for us not them just remeber that

 

 

Thankyou for that, its just sometimes i feel like a very small fish in a gigantic ocean. Rather overwhelming to think about.

xxx

[Bona]

Just remeber your the big fish in the small ocean

[juson4]

Just remeber your the big fish in the small ocean

 

 

 

thanks,i'll try. I've read so much yet again i'm just confusing myself

[hedgey06]

I've redone my schedule of charges will i need to send the updated copy to Cobbetts and to the court?

 

Yes - just send them a copy with a short covering letter - e.g., please find attached my schedule of charges for information - that should be fine. x

[juson4]

]Hi, well i paid my court fees last week and have been waiting for the dreaded court date, but recieved this letter this morning from the court. Can anyone tell me what it means and what i need to do next.

 

 

 

 

Before DISTRICT JUDGE MAW sitting at Newark County Court

 

EX PARTE

 

IT IS ORDERED THAT

 

The Court of its own motion is considering striking out the Defence in this action as an abuse of process.

 

The basis for this is the fact that the Defendant is settling all claims of this nature where Claimants are seeking reimbursement of Bank Charges, with no claims proceeding to a contested hearing.

 

The Court considers the authority of Mullen-v-Hackney Borough Council (1997) 2 A11ER 906 relevant.

 

If the Defendant objects to the proposed strike out it is ordered to file, within 14 days of the date of service of this Order, a schedule setting out all claims of this type in England and Wales which have proceeed to a final contested hearing, and the outcome of such hearings, together with a schedule of all such claims which it has compromised before final hearing, after proceedings have been issued.

 

Upon receipt of any such objections the Court will consider listing the claim for an on notice hearing of the strike out issue.

 

In the absence of any such objections being filed in time, the Defence will be struck out and judgement entered for the amount claimed by the Claimant, together with the appropriate costs claimable on the small claims track.

[WendyB]

I think (correct me if I'm wrong, someone!) it means the Judge is saying that because Natwest never defend, and settle all previous claims, that unless Natwest come up with a list of all claims which have actually gone to a final, contested hearing, then the Judge is going to chuck out their defence and enter a judgement for you. Which would mean you'd won....

 

Not sure what you have to do next though - I'm sure one of the legal bods will be along soon to clarify

[juson4]

I think (correct me if I'm wrong, someone!) it means the Judge is saying that because NatWest never defend, and settle all previous claims, that unless Natwest come up with a list of all claims which have actually gone to a final, contested hearing, then the Judge is going to chuck out their defence and enter a judgement for you. Which would mean you'd won....

 

Not sure what you have to do next though - I'm sure one of the legal bods will be along soon to clarify

 

 

 

 

Hi Wendy, thats what i thought but didnt want to get my hopes up incase id got it wrong ............. still nervous that Nastywest will make an example of my claim and i'll have to attend court......... Thanks for clarifying it for me.xxxx

[hedgey06]

That's great news Juson - brilliant! Looks like you have a two week wait now (possibly less!) as it's doubtful cobbetts will submit the info that the judge has requested. Smart Judge - we could do with a few more like him!! xx

[juson4]

That's great news Juson - brilliant! Looks like you have a two week wait now (possibly less!) as it's doubtful cobbetts will submit the info that the judge has requested. Smart Judge - we could do with a few more like him!! xx

 

 

 

Thanks Hedgey......i'll keep my fimgers crossed then and wait . Thanks for gettin me this far....its made all the difference. i'll update when anything else happens xxxxxxxxx

[bmp81]

Hey Juson4,

I have been franticly searching the net to find a case which is at the same stages as mine. It appears I am about 1 week or 2 behind you.

I have sent the letter to Cobbetts with the list of charges and the denial of their request. Now awaiting a reply.

I see your reply (the AQ) took 5(ish) days. I posted it (registered Mail) on Friday (29/07) so hopefully it will come soon.

Great news about the response you received from the court.

I only hope our claims don't all get frozen based on the information Martin has mentioned in this article: http://www.moneysavingexpert.com/reclaim/bank-charges-alert

Providing this does not "freeze" our claims, I am 110% certain we will be refunded every penny we have claimed.

Your claim is pretty much in the bag now anyway.

[juson4]

Hey Juson4,

 

I have been franticly searching the net to find a case which is at the same stages as mine. It appears I am about 1 week or 2 behind you.

 

I have sent the letter to Cobbetts with the list of charges and the denial of their request. Now awaiting a reply.

I see your reply (the AQ) took 5(ish) days. I posted it (registered Mail) on Friday (29/07) so hopefully it will come soon.

 

Great news about the response you received from the court.

 

I only hope our claims don't all get frozen based on the information Martin has mentioned in this article: http://www.moneysavingexpert.com/reclaim/bank-charges-alert

 

Providing this does not "freeze" our claims, I am 110% certain we will be refunded every penny we have claimed.

 

Your claim is pretty much in the bag now anyway.

 

 

Hi, Like you i searched this site for help and found it to be a great source of info and support. I dont think that any "freezes " will be happenng overnight so i would think you're ok there. As far as my claim goes.......well, although i'm hopeful i still have everything crossed and am just waiting for the postie sometime over the next 2 weeks although i still feel nervous that something will go wrong even at this late stage and i'll have to go to court. Here's hoping it doesn't come to that.

Keep positive about your claim and as you're not that far behind me i'm sure you'll be fine. Keep looking at my posts as i will update as soon as i hear anything

Good Luck

[gazbuz663]

HI , i was very interested to read the above as i am at exactly the same stage , i rang my court today and was told that the court has stayed my case , a court decision not at the request of the defence.

can anyone tell me can i appeal against a stay ? Also as its stayed can i submit an application to the court to have the defence struck out as an abuse of process ?

 

And further can i quote the actions of another court / judge (ie Juson 4's judge ) in any request to the judge dealing with my case ?

[hedgey06]

If the court has stayed your case - you should receive this in writing. It may be nothing to do with the OFT announcement. If they have stayed it pending the outcome of the test case, please read the links attached to my signature on how to apply to have the stay removed. And if you haven't done so yet- please start your own thread in this forum

[juson4]

HI , i was very interested to read the above as i am at exactly the same stage , i rang my court today and was told that the court has stayed my case , a court decision not at the request of the defence.

can anyone tell me can i appeal against a stay ? Also as its stayed can i submit an application to the court to have the defence struck out as an abuse of process ?

 

And further can i quote the actions of another court / judge (ie Juson 4's judge ) in any request to the judge dealing with my case ?

 

 

Hi, i'd love to be of some help to you but........listen to the man who knows, ie; Hedgey Thats what i've been doing. XXXXX

[WendyB]

I think you'll find that the man who knows is actually a woman who knows........

[juson4]

I think you'll find that the man who knows is actually a woman who knows........

 

 

 

 

 

lol...... Now you can see why i need all the help i can get

[juson4]

Well , its day 14 of the 14 days Natwest were given by the judge and i've heard nothing from either natwest or the court. Any ideas what i should do now as i'm beginning to think my case has been fogotten or i should have done something ?

[hedgey06]

Told you they wouldn't submit anything!

 

Phone the court Monday morning and explain that they've failed to comply with the Judge's directions and you'd like to enter Judgement against them (at the end of the day, the Judge did state that their defence would be struck out if they didn't comply!) To apply for the Judgement, just complete the N205A (Notice of Issue) form that you received a couple of weeks after originally filing your claim at court - then hand it in!

 

Looks like you've won Juson, I'll save the congrats for the mo though!!!! Let us know what happens Monday morning......... I want a full report! x