wadsi vs natwest(acknowledgement of service has been filed)

[wadsi]

Hi everyone! ok my claim is for £2671.28 including interest of £337.28 and the £120 court fee. The claim was served on the 14th of july 2007 and on the monday after the 18th thinking cobbetts had not acknoledged my claim i proceeded to enter judgement by default (at this time i had not found this site) thinking i would instantly win only for it to come back rejected as cobbetts have filled an acknoledgement of service saying that they intend to defend the whole claim. if only it were that easy lol. now it is comming up to the 28 days which i beleive is this saturday obviously nothing will happen untill next week? i'm a little unsure as to what happens next if anything and what i have to do next?? any help on the matter would be greatly appreciated thanx Ian!!

ps Down with the banks!!! lol

[hedgey06]

Hi Ian, welcome on board!

 

If you click on the link in my signature for 'Nat West Claimants' you'll find out exactly what happens next with your claim.

 

Post back on here whenever you have an update/query, and best of luck with your claim.

[BobbaFett]

WELOME TO THE WORLD OF TOMMORROWWWWWWWW..

anyway, welcome aboard.

 

Cobbets served there defence on day No.28. was amazed!! but there you go. if they file, you wait for the AQ to be sent out, if they dont, I believe you apply for Judgement by default..

 

"talk is cheap and lies are expensive, my wallets fat and so is my head"

[wadsi]

"Cobbets served there defence on day No.28. was amazed!! but there you go. if they file, you wait for the AQ to be sent out, if they dont, I believe you apply for Judgement by default.."

 

i entered judgement by default at the 14 days but it came back rejected now the 28 days is up but it just says Your judgment request has not been accepted. You are unable to take any further action online on this claim.?? so do i take it i now just have to wait?:?

[BobbaFett]

you did it by MCOL? I would find out what court it was referred too, and then ring them up.

 

Oli

[hedgey06]

You should receive notification from Northampton court shortly that your claim has been transferred to your local court. Another copy of Cobbett's defence may be attached to the notification - possibly with a CPR part 18 request for further information.

 

Click on the link for Nat West Claimants in my signature for further info on what to expect next.

[wadsi]

yer dit it by mcol like i said i found this site after lol. ive prepared two letters now one to the courts and one to cobbetts enclosing a schedule of charges ill phone and find out as you said which court it has been transfered to if any yet and send them both recorded delivery first thing in the morning!

[wadsi]

thanx for all your help so far im just scanning 160 statement pages ready to go in my court bundles, how exruciatingly painfull it is lol:cool:

[wadsi]

Ok so Next Update!!!!!! i've just rang the mcol help de sk and she says theyve recieved a defence from cobbetts yesterday and that it would be delt with at northampton not being moved to another court as all cases are being stayed??? till after test case????? any comments u guys?

[hedgey06]

Unfortunately, we've only just found out today that Northampton are doing this. Read here http://www.consumeractiongroup.co.uk/forum/natwest-bank/110551-urgent-all-mcol-claims.html for further details.

[wadsi]

just my look lol im expecting the worst ah well hehe.

[wadsi]

hi again i've just recieved a defence from cobbetts and request for further info and clarification cpr Part 18 with regard to cpr rule 27.2(3). and although when i rang northampton court they said all cases are being stayed i've had no written confirmation on this as yet, i presume this will happen afte i've sent in my particulars etc?

[hedgey06]

You should receive written notice of the stay within the next few days.

 

In the meantime, make sure that you respond to Cobbetts intimidatory request for further information. Click on the link in my signature for Nat West Claimants and scroll down to the CPR part 18 info - you'll find a link to a short letter to send to them along with a copy of your schedule of charges. Make sure you keep a copy for yourself as well.

[wadsi]

ok so i've put the standard bundle and personalised and altered it to my case and was going to send it recorded delivery to cobbetts and to the court including just about everything

 

Court Bundle For

Case No. 7Qt18292

Claimant: Ian Wadsworth

-V-

Defendant NatWest Bank

Please find enclosed

 

Description

Page

Correspondence

P.

Request for Stay to be Denied

P.

Statement of Truth

P.

Latest Schedule of Charges

P.

Additional Charges Schedule

p.

Supporting Bank Statements

P.

Relevant Case Law Summary

P.

Dunlop -V- New Garage

P.

Early Day Motion from The Houses of Parliment

P.

Transcript of interview with Peter McNamara

P.

UTCCR 1999

P.

UCTA 1977

P.

SOGA 1982

P.

OFT Statement Summary

P.

 

Please note Whilst Putting this bundle together and re-checking my statements i realise that a few charges were missed off of the original claim. the claim is now for

£2432.97 plus £367.58 interest at 8% and also the £120 Court Fees

=

£2920.55

[hedgey06]

Wadsi, don't send a court bundle off - you only put your bundle together/send to the court and Cobbetts when ordered to do so by the court (e.g., when you receive your final hearing date). It wouldn't make sense to the court or Cobbetts if they received your bundle at the moment

[wadsi]

bugger i've already sent them lol! maybey i could confuse them into giving me my money:eek:

 

Anyway rewind and a letters popped through my door which says

 

Before District Judge M*****h

 

Sitting at Northampton Court

 

Without Hearing

 

IT IS ORDERED THAT:-

 

1) Following the filing of a defence or holding defence the claim shall be stayed pending judgment in the office fair trading test case.

 

2) Liberty to apply with an explanation.

 

Note: Any Party Affected by this Order may under rule 3.3(5) apply to have it set aside, varied or stayed. such a party must apply under rule 23.3 within 14 days of service of this order.

 

then attatched is a copy of cobbetts origonal deffence saying it was not particularised. etc crap18times

[hedgey06]

What are you like!

 

Are you going to try to have the stay lifted? If you are, have a read of this thread first http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/111265-mcol-can-we-get.html

[wadsi]

disclaimer: above was a joke just incase anyone thinks it a good idea i accept absolutely no responsibilty lol i also appologise for my spelling i use spell check when i use word lol:p

[hedgey06]

Phone Northampton tomorrow and ask if they've received your request to lift the stay. Ask for further advice also - they'll be able to let you know if applications to request stays be lifted are being considered and, if they are, if there's a charge to do so.

[wadsi]

ok so ive just had a letter saying my case is being transfered to nottingham county court for the court to deal with the claimants application to rmeove the stay.

 

the court will refer the application to a judge, or if there is to be a hearing. will send you and other partys notice of that time date place of hearing.

 

next page

 

without hearing

it is orderded that:-

 

1)the claimants letter stands as an aplication for leave to lift the stay

 

2)no fee payable

 

3)transfer to claimants home county court

 

Next page

 

without hearing it is ordered that:-

 

1.the filling of an allocation questionnaire be dispensed with in this case unless the district judge at the court of transfer orders otherwise.**

 

**please note that an alloction fee may be payable in this instance. please contac court of transfer for further details.

 

 

i take it this is a good thing i was thinking of giving up!! i presume i should wait now? in the meantime i shal read up on what an allocation questionair is????

[hedgey06]

Wadsi, I've already replied to the above here http://www.consumeractiongroup.co.uk/forum/natwest-bank/109616-has-anyone-successfully-lifted.html#post1105610

 

With regards to the AQ, if it's been dispensed with you can still apply for the draft order for directions. However, I'd be inclined to wait and see if the stay is lifted before you do this.

 

Have a look at the sticky for Nat West Claimants for further info on the AQ and Draft Order for Directions