jennyj125 v Nat West **WON**

[biker babe]

I wonder if someone could answer my query. I have just received Nat West defence and request for more info but nothing yet from the Courts. They have requested the information by 7 May. Do I reply now to Cobbetts or should I wait until I receive something from the Courts.

[hedgey06]

Bump for biker babe. Anyone?????????

[Guest NATTIE]

My understanding is that if Cobbetts have sent something to you, NOT the courts you can ignore it.

[biker babe]

My understanding is that if Cobbetts have sent something to you, NOT the courts you can ignore it.

 

Thanks Nattie, I thought that was the case but wasn't sure. Will wait until I hear something further.

 

Another query, the first paragraph of their defence is worded as follows:-

 

"The defence is filed and served without prejudice to the Defendants case that the Particulars of Claim do not declose reasonable grounds for bringing a claim against the Claimant to recover the bank charges...."

 

surely this should read "..bringing a claim against the Defendant..."

 

Cobbetts haven't made a mistake have they???

[scott150663]

Hi Jenny

 

follow Natties advice !!!!!

 

 

Just wait & relax u only need to respond to info requested by the court don't let cobbetts intimidate u..............

 

if ure not sure on something post it up here & we'll have a look at it 4 U

 

 

Good luck

 

Scott

[biker babe]

Thanks, its good to know that there is so much help and support available. At the moment its quite exciting but I'm sure it will get worse before it gets better!

[biker babe]

Along with the defence from Cobbetts I also received a request for further information, quoting "request persuant to CPR18 alternatively with regard to CPR rule 27.2". They also request further information of the charges and a reply to the other information by 7 May. A copy of the Schedule of Charges was sent to Mr Higley on 14 Feb and to Northampton Court to accompany MCOL on 21 March but not yet to Cobbetts, as the first contact I had was their defence.

 

Although I haven't yet received anything from the court, would it be prudent at this stage to send a CPR18 response letter along with a schedule of charges, or should I just sit tight and wait for directions from the court. I don't want to be seen to be uncooperative!

[biker babe]

Help needed!!

 

Have now received Notice of Transfer of proceedings from the Court and ordered "that the filing of allocation questionnaire be dispensed with...."

 

Where do I go from here? Now that I have received this do I need to send a copy of the letter above to the Court as well as Cobbetts?

[biker babe]

I have read loads of other threads to try to answer my questions myself but I am getting really confused as to what the next stage is.

 

Would it be a good idea to send the letter below (from another thread about dispensing with AQ) after sending the CPR18 letter?

 

Re: XXXXX - v - XXXX

account no,

claim no and filing date(mcol).

 

It has come to my attention that as of xx/xx/07, ( date of the letter from the court) that an Allocation Questionaire may not be required in this case.

 

I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £xxxx. (rounded down to nearest pound-keep this as your full amount including charges, interest and court filing fee). I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would approve of our settling this matter in a timely manner and without their further intervention.

 

For your records, I enclose another copy of my schedule of charges. I look forward to hearing from you.

[fendyweather]

Yes, send above letter, together with a Draft Order for Directions asking for allocation to small claims track.. Send it recorded to court get it or hand deliver it, and wait to hear from there. All the best. Fendy xxx

[biker babe]

Sorry Fendy but I think i am having a thick moment caused by confusing myself!!

 

Are you referring to the CPR 18 response letter or the AQ letter i have referred to in reply #9 or both?

 

Do I address to Cobbetts and cc The Court?

[fendyweather]

Sorry, as the AQ has been dispensed with, you need to send the letter youve posted in post number 9, To Cobbetts, copy it in to the court and also send with the one going to court, a a Draft Order for directions which you can find on here asking for the claim to be allocated to small claims. Send to the court only. Theres a link. Hang on I will find it. Fendy xx

[biker babe]

Thanks for your help Fendy, I think I've found the Draft Order. Will leave it all now for a couple of days. For want of a better phrase "its doin' mi 'ed in" - and it only the beginning.

[biker babe]

Just about to send the Draft Order to the Court. Does anyone have any suggestion of how to word a covering letter? I'm really struggling on this one for some reason.

[biker babe]

Help!!!

 

I sent Draft Directions to the Court on Friday and have now received notice of a Directions Hearing on 22 June.

 

What does this entail and what do i do now?

 

It is getting very real and VERY SCARY! I really do need advice.

[fendyweather]

No worries Biker Babe. Nothing scary at all................... honest. All it means is judge wants a hearing (has he said phone conference or actual hearing at court in person), to decide track allocation and directions. Its not the actual trial, simply ordering a hearing to decide case track. You dont need anything i.e. documents unless the court ask for them, which they would do a couple of weeks before the hearing. Honestly, its nothing to panic about........... perfectly normal, and sometimes the cobblers settle before then anyway, so stay focused, do exactly as the court the says, and dont panic whatever you do. Its normal, you dont need to super legal brained up or anything, just simply turn up, listen to what the judge directs,, then act on it.......... end of............ Have they said hearing in person or hearing by phone ??? Fendy xx???

[hedgey06]

Hi jenny........... is this any use http://www.consumeractiongroup.c o....tionaires.html or maybe this one http://www.consumeractiongroup.c o....tructions.html as I know the second link has other links to useful threads.

 

Don't worry, one of the 'court' crew should be along soon to sort you out!!! Good luck, hedgey xxxxx

Soz.............. bumped into Fendy there - sound and excellent advice as usual from Fendy jenny, so don't worry! xx

 

[biker babe]

Thanks Guys, what a quick response!!

 

Hedgey - great, i will inwardly digest your links.

 

Fendy - the notice says

 

"...that the directions hearing will take place at Plymouth County Court.

When you should attend.

15 minutes has been allowed for the Directions Hearing

 

Please note: This case may be released to anothe Judge, possibly at a different Court"

[fendyweather]

OK, I would ring the court offices, your local ones and ask their advice. You shouldnt need anything, unless the court specifically asks for documents etc, but I would ring your local court Plymouth I presume and ask them if theres anything you need to bring or submit to court before the hearing........... take their advice, then just turn up as it has asked. But I betcha they settle before then................But whatever you do, turn up, dont panic, make sure you are there................... its not the actual hearing, just hearing to allocate track and give directions for the way forward on it, so perfectly normal, non scary and all ok. Best of luck, and dont panic. Fendy xxxx

[biker babe]

I phoned the court today and was told to take evidence of the claim just in case they can't access the file in time! I take it that means the Schedule of Charges or should I get info together as per my Draft Order for Directions?

[fendyweather]

Just basically take everything you have done so far on this claim. I personally think all they will need is your schedule of charges, but to be on the safe side, take your whole file, of everything youve done on it to date. I dont think you will need it, its more a case of JUST IN CASE. But dont be phased by anything, if theres anything you dont understand when you get there, ask them to repeat/explain etc. Dont be intimidated by the hearing, even though I personally dont think it will get that far, but you never know. Best of luck............ but you wont need it. Fendy xxxx

[biker babe]

Sorry I've only just had chance to update you all.

 

I went along to the Directions Hearing, on entering the court the Judge said that he was awarding judgement in my favour on condition that I recalculated the interest I was owed up to the date of the hearing. He said that he was awarding judgement at that stage because he was fed up with the banks wasting the claimants time and the courts time. Gave me 7 days to submit a recalculation.

 

Since then I have received judgement giving Nat West until 1 August to pay up.

 

I was absolutely amazed that it was all over and done with at the Directions Hearing.

 

Yippee!!!

[steven4064]

Wow, biker babe

 

CONGRATULATIONS!

 

a sensible judge - wish there were more of those (altough they do seem to be increasing)

[livelylad]

Thread moved to success forum.