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Now at court stage - help me?!


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I am not new but my computer crashed and I have had to re-register (sorry!)

I submited my claim at MCOL and Natwest defended. It should have been transferred to my local court but I heard nothing so I rang MCOL who said they had made a mistake and mislaid the defence from Natwest and my application had been put on hold (this was 6 weeks after the defence had been received). MCOL then wrote to Natwest to ask them to re-send their defence. They didn't do it by the stated date so I submitted a judgement. My judgement was received at the same time as the copy of the defence so they accepted their defence and not my judgement!! I then heard from the local court and they wanted me to send copies of all letters, schedule of charges etc. that I had sent to Natwest when I initiated the claim - Natwests defence was that my claim was unsubstantiated and unclear even though I had followed the CAG process to the letter and used all the templates from your website. (Unfortunately there is no facility on the MCOL to attach documentation so when I put in the initial claim I was advised by the MCOL helpdesk to put in a precis of my claim i.e the salient points which I did stating bank details, money claimed plus interest and the period of time claimed for.)

I submitted all the documentation to the court on the 4th July (required date of submission was the 16th July) and again I heard nothing - not even an acknowledgement that they had received the paperwork. I rang them yesterday and they said they had received it (phew!) but they had received so many claims that they were waiting for a directive????

Does anyone know what this directive is? How long are we going to have to wait for? And can the MCOL be forced to accept attachments onto our claims so that the banks cannot use this as just another stalling tactic? FYI- I started this claim in November 2006!!! :-|

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The directive will be from the judge. It will tell you which way he wants the claim to proceed. In my own case this took 11 weeks before i received the judges directions.

We now know it is much better to use the N1 route through your local court. You can send in all charge sheets with your initial claim. All cases on MCOL are being transferred to your local court once the bank submits a defence. By following the CAG process at least you know you have done your claim right. Have a look at this:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html#post553523. Also it would be easier for you now to start a thread in the Nat West forum. Which will make it easier to help and follow your claim. Please do not be worried to ask any questions however silly they seem. The Consumer Action Group has over 150,000 people as registered users and has helped over 9,000 people to reclaim over £15,000,000. So we can help you. Good luck.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Hello I wonderd if anyone can advise me please? I have a court date against the Abbey on September 3rd, and I am claiming £1864.00 (plus interest of £250.62). The Abbey have defended the claim against them but a letter I got on 21st July has offered me £395.00. I was quite insulted by that, as I have paid £120 to the Small Claims Court and forked out lots in recorded delivery letters etc. This is approximately a fifth of what they have charged/owe me.

Was I right to write to them to decline and tell them I'm happy to go to court and see if they will tell me the true cost of their charges? Will a judge think I'm 'greedy', as they made a 'goodwill gesture' (albeit a tiny one), as in the Bimingham case:confused:?

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