Plutos vs. Natwest **WON**

[007coot]

Hi Plutos, I am at almost at the same stage as you, sent Cobbetts the letter about CP Part 18 being intimidating etc and am awaiting the response. I too am quite happy to go all the way to court. I don't think NatWest realise just how strong we are on here and how much support we give each other. They hope that we are going to shrivel up and go away but they are in for a big shock. I have my CAG t-shirt which I bought after successfully reclaiming my money from HSBC and I would love to wear it into the Natwest offices in London where Cobbetts work from and hand them a breakdown of charges but I live too far away

 

I use smartstamp so I print my own envelopes and stamps. I use the CAG logo on the envelope too so they should know not to intimidate me!

 

It shouldn't be much longer now. If they hadn't taken our money in the first place there would be no need for all of this. I think they may be squeezing their buttocks right now! I would love to go to court and tell the judge how they enticed me into more and more debt to avoid these charges and how I eventually clocked up £18,000 worth of loans and overdraft when my earnings were a paltry £101 per week plus £40 child benefit. That was nearly three times my annual income. All this did was make them more money, cause me severe depression and a very close nervous breakdown. Lets see how they justify that. I am sure 3 x my annnual income will be seen as irresponsible lending by the judge - oh, and the fact the the branch manager made up an income by claiming that a few paypal payments that had recently gone into my account were part of my income - I flogged a few of my clothes on ebay because I was so skint.

 

I'll keep watching your thread with interest. If they pay you soon then hopefully mine won't be long either.

 

Keep up the good work!

[Plutos]

007 Coot,

 

Thanks for that. I find it amazing that they dare fight for this, especially in a case like yours. They fit the lawyer sterotype by using jargon, intimidation and timewasting to fight for a legally incorrect and morally wrong position. Amazing!

 

I have a very stong degree from a top university, and I have been working within the personal finance industry for the last year or so giving me plenty of time to read around these issues - and lots of confidence to take them on in court if necessary!

 

I will take great pleasure in argueing this case before a judge. Whilst I was, perhaps, less careful than many with my account as a student (although like leaving a window unlocked, this does not excuse the immorality of the thief), others like yourself have been in truely life-destroying siutation, brought on entirely by these illegal charges.

 

How can £38 for a bounced direct debit be proportional? As well as being unfair, when someone earns £101 a week, this represents well over a third of their weekly income - this is morally repulsive.

 

Where are the media picking out the banks (like snatchwest) that charge these astronomical sums? Why has the OFT not hit the banks hard? -- and i'm not talking a pussy £12 cap; a level that is still utterly illegal (credit card firms are not at all willing to defend even £12 charges).

 

Anyway, we are now correcting this situation.

 

Pl

[Plutos]

just a thought, do i need to respond to this letter:

 

We refer to your letter dated 8th September.

 

We note your comments on our request for further information. It is our client's contention that your Particulars of Claim did not properly particularise your claim. For example, our client cannot properly defend a claim where you have not given the details of each charge you claim is disproportionate and unreasonable.

 

The court is bound with an overriding objective to deal with cases justly and ensure that parties are on an equal footing. It was clearly the case that our client could noy respond your claim where you did not provide sufficient particulars. Our client therefore objects to your allegation that the Request is intimidating.

 

Yours Faithfully,

 

Cobblers LLP

 

 

I have not send anything so far.

 

Pl

[tracyno1]

Hi, i must be at the same stage as you, i got my letter 2 days ago worded exactly the same, i replied to day with something like -

 

I have enclosed a breakdown of these charges with every letter sent to NatWest regarding this claim. I am quite surprised that they did not give you the full facts of the claim before asking you to act on their behalf.

 

Hopefully it won't be to long now and we will be laughing all the way to the bank with out natwest cheque

Good luck

[Plutos]

good idea. best to say something so they know their tactics have not worked. Anyone else got this and replied?

 

Pl

[Michael Browne]

I would still to ignore it, you've given your answer in your previous letter.

 

However:

 

Dear Sir,

 

I refer to your letter dated XXX

 

I note your comments on my allegation that your CPR Part 18 request is intimidating. It is my contention that my Particulars of Claim did properly particularise my claim. For example, a schedule of charges, which fully details each charge I claim is disproportionate and unreasonable, has been sent to your client, the court and yourselves at every stage.

 

I agree that the court is bound with an overriding objective to deal with cases justly and ensure that parties are on an equal footing. It was clearly the case that your client could respond to my claim since I have provided sufficient particulars. I object therefore to your allegation that your client was not on an equal footing.

 

 

Yours faithfully.

 

 

 

.

[Plutos]

Thanks michael, I might drop a copy of this in the post as I think it is only poite and reasonable to at least respond (even if they do write ridiculous letters)

 

PL

 

I would still to ignore it, you've given your answer in your previous letter.

 

However:

 

Dear Sir,

 

I refer to your letter dated XXX

 

I note your comments on my allegation that your CPR Part 18 request is intimidating. It is my contention that my Particulars of Claim did properly particularise my claim. For example, a schedule of charges, which fully details each charge I claim is disproportionate and unreasonable, has been sent to your client, the court and yourselves at every stage.

 

I agree that the court is bound with an overriding objective to deal with cases justly and ensure that parties are on an equal footing. It was clearly the case that your client could respond to my claim since I have provided sufficient particulars. I object therefore to your allegation that your client was not on an equal footing.

 

 

Yours faithfully.

 

 

 

.

[007coot]

Hi, i must be at the same stage as you, i got my letter 2 days ago worded exactly the same, i replied to day with something like -

 

I have enclosed a breakdown of these charges with every letter sent to NatWest regarding this claim. I am quite surprised that they did not give you the full facts of the claim before asking you to act on their behalf.

 

Hopefully it won't be to long now and we will be laughing all the way to the bank with out NatWest cheque

Good luck

 

That's the exact sentence I ended my letter with. great minds think alike ey?

[007coot]

Just thought of something, If cobbetts claim their client knows nothing about the particulars of claim and they don't know what we are claiming for or why then why on earth did they make me an offer as a gesture of goodwill at pre-lim stage? Surely you wouldn't offer a payment for something you continually deny you know nothing about?

 

Could this be added to the above letter (posted by the lovely Michael Browne)and if so how should it be worded to look professional?

[Plutos]

Ha ha - very true.

 

I got a copy of their allocation questionnaire over the weekend. How strange that they say thay anticipate the claim going down the small claims track when they have been making CPR 18 requests and the like! Silly billys don't understand the way it works.

 

The allocation questionnaire contained nothing special really - pretty much ticked all the boxes that I ticked.

 

PLUTOS

 

Just thought of something, If cobbetts claim their client knows nothing about the particulars of claim and they don't know what we are claiming for or why then why on earth did they make me an offer as a gesture of goodwill at pre-lim stage? Surely you wouldn't offer a payment for something you continually deny you know nothing about?

 

Could this be added to the above letter (posted by the lovely Michael Browne)and if so how should it be worded to look professional?

[chriswatkins]

Hi Plutos, as you know, we are neck and neck, I havent received a copy of cobbetts A/Q yet though, they have till the 29th to send it in to court, they were 8 days late with their defence, so I am wondering how late they will be with this, I am so longing to see you put the words I won up on your thread, come to think of it, I am longing to put those same words up myself

[Plutos]

Hi Plutos, as you know, we are neck and neck, I havent received a copy of cobbetts A/Q yet though, they have till the 29th to send it in to court, they were 8 days late with their defence, so I am wondering how late they will be with this, I am so longing to see you put the words I won up on your thread, come to think of it, I am longing to put those same words up myself

 

Definitly, can't wait. And the donation, and the time we can spend helping others, and the case against Natwest Credit Card and Capital one (albeit for small amounts). Should be the best.

 

I really thought that it could have been 'the first' offer the other day... oh well, lets wait and see. No chicken coiunting until the fat lady comes home to roost etc etc etc

[Yaesu]

Hi Guys

 

Just to let you know that I am also at a similar stage as you are.

 

I have my AQ infront of me and am wondering whether I should post it off immediately or wait a while?

 

Also I cant seem to find as to whom I make my £100 AQ cheque out to, does anyone know?

 

To be honest when setting out on my case I found it quite fun and enlightening but now I am finding it rather tedious. However nothing is going to stop me getting my money back!!!!

 

Thank you for your help and good luck

 

Y

[Plutos]

i'd do it asap - no point in waiting around!

 

PL

 

 

Hi Guys

 

Just to let you know that I am also at a similar stage as you are.

 

I have my AQ infront of me and am wondering whether I should post it off immediately or wait a while?

 

Also I cant seem to find as to whom I make my £100 AQ cheque out to, does anyone know?

 

To be honest when setting out on my case I found it quite fun and enlightening but now I am finding it rather tedious. However nothing is going to stop me getting my money back!!!!

 

Thank you for your help and good luck

 

Y

[007coot]

Also I cant seem to find as to whom I make my £100 AQ cheque out to, does anyone know?

 

 

I made mine payable to Bristol County Court so you should make yours payable to the court that it has been transferred to which should be your local court.

[carolyndawber]

hi, just the answer i was looking for, wish me luck8-)

[Plutos]

GOOD LICK!

 

PLutos

hi, just the answer i was looking for, wish me luck8-)

[Roadrally]

Hi Plutos,

 

We're at about the same stage and the 'first offer' letter has landed. Has yours arrived yet?

[007coot]

[/url]

hi, just the answer i was looking for, wish me luck8-)

 

Good luck, but you don't need luck really! What's rightfully yours will be on it's way home soon! You'll be laughing all the way home from the bank

 

[Plutos]

Got the first offer yesterday.....

 

£600

 

Pretty standard, not letting them get away with this. I'll write and fax the reply of this morning. At the end of the day, I'm quite happy to stand up and demolish any arguement for the validity of these charges!

 

{P:L:U:T:O:S}

Hi Plutos,

 

We're at about the same stage and the 'first offer' letter has landed. Has yours arrived yet?

[Plutos]

Ahh can't find the bloody letter.... more searching on the forum....

[Plutos]

OK. I can't seem to find a 'perfect' letter, but will this do?;;;;;

 

---------

 

PLutos

 

The Doghouse

Woof-woof street

 

Cruftville

 

 

 

 

Cobbetts LLP

Ship Canal House

King Street

Manchester

M2 4WB

Response to settlement offer.

 

Dear Sirs

Thank you for your letter dated xx/09/06

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £9xx.xx, interest at 8% per year of £7x.xx under sec. 69 of the County Courts Act of 1984 (for the period 17th October 2002 until 31st July 2006) plus interest at the same rate up to the date of Judgement, and the Court Fee already incurred of £120.00.

 

I will accept the sum offered only as part settlement and on the clear understanding that I will still continue to pursue the remainder.

 

I trust this clarifies my position.

 

 

Yours faithfully

[signature]

 

 

[print name]

[007coot]

Letter sounds good to me, I am only a day beind you so hopefully I will hear something tomorrow or monday. I am posting my AQ today (had to wait until i got paid so i could send of another cheque). Did you photocopy yours and send it to Cobbetts?

[Guest peed orf]

Hi all, mind if I stick me nose in?

I had a cheque sent back from the court a couple of months ago, with a note saying they have to be made out to H.M.C.S. (Her Majestys Court service)

[007coot]

Hi all, mind if I stick me nose in?

I had a cheque sent back from the court a couple of months ago, with a note saying they have to be made out to H.M.C.S. (Her Majestys Court service)

 

Ooops! I thought it was a bit strange not having any payment instructions but hey, too late for me now! Looks like it will be sent back then. Think I might give them a ring and explain, maybe I can cancel my cheque and send another today to avoid delay if the court agree.

 

Thanks for "sticking your nose in" as you put it! that's what we need around here!

 

cheers