nat west - any chance 2nd offer

[loltel]

hi all

 

now i know you all ignored my last post but i am still here plodding along.

 

had the expected revamped offer letter with 60 days to reply.

 

today received a letter from cobbetts " you have referred you complaint about bank charges for determination in court - our client believes blah blah blah

 

enclosed with it is a copy of a letter they have sent to the court, - we are instructed on behalf of the defendent. we would be grateful if this letter and its attachments could be put before a district judge as soon as possible, ---then the normal blurb asking to communicate his response to request for a stay.

 

i have not had anything about a defence or is this it. ?

 

is this all normal stuff

 

when the court sent the acknowledgment of service, they didnt send me a copy of the n1 or schedule of charges ? should i have had this.

 

I have just spoken to the court and have been advised that the judge will deal with each case on its own merit and he will not issue blanket stays on claims, he is the judge and will make his own decisions. not sure if good or bad (can feel a bottle of red in a brown paper bag, along with the prozac, going with me if i have to appear before him).

 

please dont forget me, i have been ever so patient and lonely 8-)

[Micky the Hippo]

howdy, NW are famous for being a bit late with their defence, good news from the court about the stays although from the little I've read so far the banks get their way if they do it properly

 

keep on with the plan, do what the court tells you to and keep reading and learning from other people's threads, loads of good chaps and chapesses gone before us

 

hunting around for the objection to a stay myself as we speak

[loltel]

thanks for reply micky

 

any advice ? 28 days is up on wednesday and i know nw are never on time with defence, spoke to court and they have nothing from them as yet, if they dont file a defence is it still worth carrying on for a judgement or will it just be disregarded ?

 

cheers

[Micky the Hippo]

they were a couple of days late with me, don't forget that if the court forwards it on to you it'll be a few days before you get it

 

by all means call the court to be sure but I think the court will let them get it in as late as a week, I'd go for a judgement at that point for sure

 

I wouldn't get excited until then tbh, they usually get their photocopied pages of nonsense in just in time, it's a good read btw, mix of threats and bluster, half of it utterly irrelevant

[loltel]

hi again all

 

received the defence today from cobbetts:

 

1. this defence is filed and served without predudice to the defendents case that the particulars of claim do not disclose reasonable grounds for bringing a claim against the defendent to recover the bank charges (and interest thereon) referred to in the particulars of claim or any other sum. In the event that the claim is not properly particularised then the defendant will apply to strike out the claim and/or for summary judgement in respect of the same.

 

2. On allocation the defendant invites the court to direct that there be a case management conference in order for the court to consider the making of appropriate orders to give the claimant the opportunity to properly particularise the claim.

 

3. no admission

 

4. asking to identify contractual information and terms and conditions.

 

 

any advice please, i filed my claim in person with the N1 form and schedule of charges, but i have never received a copy of the N1 back from the court? does this mean i am in trouble !!!!!!!!!!!!!

[steven4064]

Looks pretty standard defence. Ring the court and ask them why you haven't received you N1 back - it may just be that they are busy. No doubt, the next thing is that Cobbetts will request a stay

[loltel]

thanks steven4064

 

reading it again i thought perhaps the court had not sent them a copy or my schedule or had lost them or ?????

 

I did have the we intend applying for a stay letter last week, but my local court (edmonton) still say today that cases are being assessed individually and the judge and the judge alone will decide what cases he hears - dont know if thats good or bad. or have not had any feedback from anyone who has had any dealings with edmonton cc.

 

Do i have to do anything else now or is it really at stale mate stage so forget it.

[steven4064]

t the judge and the judge alone will decide what cases he hears - dont know if thats good or bad.

It's good, it means he is not going to be bullied by the banks.

[loltel]

hi again

 

received the allocation questionaire yesterday, i have until 10th September to return it with the £100 fee - is it worth doing this if they have applied for the stay, just throwing money at a process going nowhere ?

 

bad day all round - bank robbing us, court robbing us and my beloved tottenham hotspur have been robbed - nothing red allowed for me tonight so its the case of white about to be opened.

 

seriously i have had a look at hedgeys guide but do i have to add the directions bits, oh my god i sound like a thicko

 

many thanks

[sallysas]

They say they intend to apply for a stay. Steve's advice is good, that the judge will make his/her mind up and not be bullied by Natwest. Have a look at

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html which I am planning to adapt as I hate the idea of forking out £35 and not getting it back. IMHO this is just scaremongering. They will probably not mount a defence and then try and get you to settle for less (well that's what happened to me the first time anyway). All the best, Sally

[hedgey06]

You also don't have to do the draft order for directions - you could merely complete and send in the AQ. However, requesting that their defence is struck out as an abuse of process and requesting draft order for directions does seem to add a little extra pressure - but it's entirely up to you.

[loltel]

thanks hedgey and sallysas

 

How is the extraction pain, hope you feel better and the wine is working well now, have been lurking and following your progress

 

i am going through it now and i will add the draft directions etc and go for it.

 

please try and stick with my numpty questions, is everybody on holidays, it all seems very quiet on this section, i hope we havent been abandoned feel like an orphan waiting for open day.

[hedgey06]

I think everyone's enjoying the last bank holiday of the year loltel......... we don't get nearly enough of them!

 

And you don't ask numpty questions - you only ever ask what you're unsure of, and you're totally right to do so. If you don't ask, you don't find out - simple as that! It's better to ask and to get a good answer rather than stay quiet and not be sure. That's what we're all here for!

 

As for the extraction.......... I never want to feel pain like I have done in the last few weeks again hun!!! Bring on the wine!!! xxx

[sallysas]

You havn't asked anything I haven't in the past which makes you bright in my book. Plus you do listen unlike some people who keep on until they get the answer they wanted in the first place. What's the point in that?

 

Abstaining from the wine today. I have tomorrow off then back to work after 3 weeks play. Shame really................ roll on retirement in 10 years

[loltel]

now i was going to abstain from the evils today but !!!!

 

brother turned up with bottle of baileys, cherry brandy fudge, rum fudge and some grand marnier ice cream - in heaven so complicated stuff on back burner until ive had a few samples you understand

[sallysas]

Now that's the kind of brother to have. Enjoy and have fun. These claims will be there later in the week.

[hedgey06]

LOL............... now that's my kind of brother!!! Have a great time loltel! xxx

[loltel]

hi all

 

please dont laugh at me but i just cant get my head round the AQ section g, do i have to write anything in here or just print out all the bits from hedgeys new claimants post - for some reason i cant take it all in,brain dead and daft today, or more panic that the court will ask me something about it and i will end up staring into oblivion.

 

the offer from nat west runs out on 3rd october, am i right in thinking that now i have filed a case that offer is now cancelled?? (dont worry not accepting it but need to clear head).

 

thanks for being patient with me

[hedgey06]

In section G itself you write this:

 

Please find the following documents attached to this allocation questionnaire;

 

1A) Section G - other information

1B) Sample List of settled cases

1C) Text of order made by Lincoln County Court

1D) Mullen -v- Hackney BC (1997)2 A11ER 906

2A) Draft Order for Directions

 

This allocation questionnaire and its attachments were sent to the defendant on **/**/**

 

You then attach all of the above (completed with your own details) to the AQ.

 

The offer will remain open until 3rd October regardless of whether you've filed at court or not.

[loltel]

thanks hedgey i think i was having a post brother visit meltdown - you have got to try mandarin slices soaked in white wine with gran marnier ice cream you will just die.

 

anyway back to matter in hand, in todays post came a copy of there application for a stay. should i expect to hear from the court about it or should i ring them ?

[hedgey06]

thanks hedgey i think i was having a post brother visit meltdown - you have got to try mandarin slices soaked in white wine with gran marnier ice cream you will just die.

 

Sounds fantastic!!

 

Give the court a ring and ask them what their position is - particularly with claims that have reached quite a late stage (such as your own claim).

 

If you get written confirmation from the court that the claim has been stayed, send the court your letter to object to the stay and attempt to have it lifted.

 

Make sure you keep to all current deadlines (e.g., AQ submission) though.