uk_joe v NatWest ***WON***

[uk_joe]

Hurrah, thanks muchly for your response Verytrying!

 

Will continue with MCOL today and make those amendments you suggested. Really glad that you can save your progress at any point if you need to do research before continuing. Will post back once claim submitted.

 

Glad to hear your case is progressing well, but good luck also!

 

Cheers

Joe

[uk_joe]

Just one more question on MoneyClaim

 

I am requesting the amount of £3629. I have calculated interest at £649 over 6 years for this amount. In my moneyclaim particulars, I have added the statement

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 07/11/2000 to 05/08/2006 of £649 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.80

Should I therefore make my claim for £4278 (£3629 + £649), or claim for the £3629 and the court will add on the interest I am claiming when I win?

[VeryTrying]

I made mine for the full amount, in your case £4278. Your statement already gives details of how this amount is arrived at, ie charges plus 8% interest. Don't forget to add in your Court fees too.

 

I see the interest of £649 is the same for both the 4th and 5th August. Make sure you update the spreadsheet with the day's new total just before finally signing the MCOL forms. Do it on Sunday and get another 80p! Or after midnight on Sunday and get another £1.60!

[uk_joe]

Thanks again, VeryTrying! Every penny I can get from them is another penny in my pocket, so I'll take your advice and submit after midnight on Sunday

[caro]

It doesn't matter when you do it because you can add on the daily rate at 80p per day in your claim until it is settled.

[uk_joe]

Filed MCOL Last night for £4401 (Total claimed, + interest + 120 court fee), so the ball is now making its way over to their court. Now to wait 5 days and start my 14 day count down. I'm guessing they're going to wait until the last minute and then file a defence, as this seems to be a common tactic for them. Will update when something happens!

 

Cheers all for help so far, wouldn't have made it this far otherwise

[VeryTrying]

Don't worry about working out when the five days is up. The Court will send you a NOTICE OF ISSUE which will say something like:

 

-----------------

Your claim was issued on 8th August 2006

The court sent it to the defendant by first class post on the 8th August 2006 and it will be deemed to be served on the 13th August 2006.

The defendant has until the 27th August 2006 to reply.

------------------

 

Then sit back and wait .......... and wait ............. and wait.

[uk_joe]

Well, you were exactly right with the dates and text they used! They have until the 27th August to respond to my claim. The 27th turns out to be a Sunday, so i guess their response will be in by the Saturday (26th), if not I'll see what I can do on the MCOL site. Nice to have some dates to work towards at last.

 

Now to wait, like you said.

[cumbria123]

Give them an extra day on top of that, the court does.

[VeryTrying]

......... and the 28th is a bank holiday. Sigh.

[uk_joe]

Aaaarghhhh, you're right, it is the August bank holiday then! With any luck, Corbetts solicitors will be having too much fun to remember to respond to my claim on that weekend Well, either they repond by the 28th, or I file against them, and in all honesty I'd enjoy a day in court with them. We'll see what happpens!

[caro]

Unfortunately some courts are extremely lax at making the banks stick to deadlines, so don't expect too much. On Yorkshire Bank forum one person got as far as paying for bailiffs to go into bank and the court are still willing to allow a stay for the bank to defend. Nat West may be better though, but don't count on anything until you have the money in your hand.

[uk_joe]

Although Cobbets have acknowledged my claim, I have yet to receive a defence. The 28 days are up a week on Sunday, although I appreciate the courts can be less than strict when taking this into account (thanks for info Caro! I wonder how much this varies from court to court and whether some will be more strict than others with timekeeping)

 

I'm wondering whether it is worth me being proactive and sending a schedule of the charges I am claiming to Cobbets in advance of any defence they might post, or whether I should sit tight and wait to hear from them first. I don't want to give them any chance to delay matters, but wouldn't want to harm my case either.

 

Cheers!

Joe

[caro]

Well I reckon both our claims are at the same court, so expect some leniency, but I wouldn't bother sending the schedule. It can go with the Allocation Questionnaire. Just sit back and wait.

 

FYI Warwick Court have had some internal problems and are at least 3 weeks behind, so although the deadline for my Allocation Questionnaire was 7th August, a judge hasn't looked at my case and allocated a track or given me a date yet. I was told on 25th August it would probably be another 3 weeks before I hear anything! I don't think that this will have any impact on your case at the moment, but just thought I would warn you that it might do later. I haven't really followed how Nat West do things, but I would just follow the courts lead now you have placed it in their hands.

 

The longer the wait the more interest you will get back.

[peep]

Hi All,

 

I've read this thread with interest as i have recently sent off my LBA to the Natwest as I have not had any response from them since they sent out my statements.

My other half is not at all convinced about me doing this and is making me doubt what i'm doing and how i'm doing it.

Please can someone check that i'm doing ok this far as i'm loosing confidence and will probably loose our house if i don't win.

So far I have sent the request for access and had my statements through. I sent the first letter asking for refunds and calculated all charges and all intrest on two joint accounts. I have requestet this amount back minus any refunds given. This was done on my own spreadsheet so did not calculate the 8% intrest which i have not claimed for yet.

I have sent the LBA due to my first letter being ignored. All sent recorded delivery and no reply as yet.

In preperation for this one being ignored also I have just put my charges in the easy spreadsheet from the forum which has calculated the 8% intrest charge but it has nowhere for me to insert the charged intrest already paid. I am concerned that I need the put in somewhere at the next stage my intrest and refunds given to truely reflect my situation. Is there anywhere on the on line court claim form to do this?

I hope i'm doing ok with this but am getting very nervous and can do with someone who knows to let me know either way.

 

many thanks

[uk_joe]

Hi Caro,

 

Cheers for reply - I thought you were probably going through the same court as me, so its good to hear how you're getting on, although must be a bit annoying with the delays. I'll keep an eye on things and see if its likely to affect me, but even then, as you say, I'm earning interest all the time.

 

For the moment then, I'll just sit back and wait for the AQ. And do some more window shopping in preparation for my imminent win

 

Thanks again!

[caro]

I suggest you start your own thread Peep, but if you use the advanced spreadsheet you will find an extra sheet that does the overdraft interest calculation for you. Sounds like you are doing well. My OH was doubtful too, but now I have received on payout he is beginning to change his mind.

[uk_joe]

Well, NatWest have filed a defence. I went to file a default at MCOL this morning as today was their deadline, and wasn't allowed. An hour later and my MCOL claim was updated online telling me that they have filed a defence and the case will be referred to a local court for me.

 

This is all as expected so I'm not worried about any of this, but thought I'd keep my thread updated! I'm on holiday at the moment anyway, but will be back at home on Wednesday, and will hopefully have the details of defence from Cobbets waiting for me. Not long now!

 

Cheers

Joe

[uk_joe]

As expected, the standard (6+ pages!) defence from Cobbetts was waiting for me when I got back today. I'm currently reading through it all, and feel fairly confident in responding thanks to reading so many other useful threads from people who have already completed this stage.

 

Quick question: I'm quite happy sending off the £100 court fee, but do I get this back when I win? I couldn't find this mentioned elsewhere.

 

Cheers

Joe

[Logan21]

Yep when you win.

[uk_joe]

Cheers for that Logan

 

Got another question for all you knowledgable peeps!

 

I am just drafting my reply to Cobbetts. I am going to enclose a copy of my completed AQ, as well as a print out of my spreadsheet listing all the charges with dates etc. Should I enclose the spreadsheet with the extra column that shows the 8% interest calculation as well, or just the same sort of thing I sent with my LBA in the first place?

 

The text for my letter is below - anything I am recommended to add or remove?

 

I hereby acknowledge receipt of your defence and request for the completion of CPR part 18. I consider that this case will be heard in the small claims court and as such I am under no obligation to complete or return CPR part 18 to you unless specifically requested to by the court. In light of this, I consider your request intimidatory and will be bringing it to the courts attention.

 

I enclose a spreadsheet summarising the charges I am contesting, together with relevant dates and account details. As these charges were applied to my account by the defendant, I find it odd that the defendant was not able to furnish you with this information in order that you can best represent them in court.

Please also find enclosed a copy of my allocation questionnaire as returned to the court.

AQ got to be back with court on 30th Sept, can't wait!

 

 

Thanks in advance

Joe

[Michael Browne]

Should I enclose the spreadsheet with the extra column that shows the 8% interest calculation as well,

 

Yes.

[uk_joe]

Cheers for that Michael!

 

AQ going off this weekend, both to the court and to Cobbetts.

[uk_joe]

I'm sending off AQ & fee to the court today, plus letter to Cobbetts and just wanted someone to look over my shoulder and check I'm not missing anything out!

 

To the court

Letter to court re: CPR18 request being considered intimidatory

A copy of initial list of charges as send with preliminary letter

A copy of list of charges as sent to Cobbetts in response to CPR 18 request

Completed Allocation Questionnaire; completed according to guide on this site (Form N149)

£100 fee

 

To Cobbetts

Response to CPR 18 request

Copy of letter to court from above

List of all charges being claimed, with extra column detailing the Section 69 8% interest and the total amount claimed

Copy of completed Allocation Questionnaire

 

As the saying goes: sometimes its difficult to see the wood for the trees, and I've been staring at these letters for the last hour - just wanted to make sure I don't miss anything obvious out!

 

Thanks all

[uk_joe]

Just a quick followup as I sent my AQ off to the court, and response to Cobbetts as details in previous post.

 

Having read the last response in this thread: http://www.consumeractiongroup.co.uk/forum/natwest-bank/33469-mattbarradell-natwest.html

 

I'm concerned that I may not have responded to Cobbetts CPR18 request correctly. I received a similar response as in the above linked post, and thinking it was their standard reply, I sent off a letter enclosing my statement of charges spreadsheet, acknowledging their defence, but claiming that their CPR 18 request for more information was intimidatory and not valid.

 

Should I have done anything differently re: the CPR18 request, or is this all par for the course?

 

Thanks in advance!