graciefaye **WON**

[graciefaye]

Had my letter from Nastiewest's solicitors, Cobberts. Asking for all sorts of stuff but other threads have helped me deal with that. Have written letter and copy of charges. Here's my questions

1/ Have been asked to answer cobblers by 16th May but heard nothing about which court I'm in (orginally started on line)where do I send the copies to?

2/Also in original breakdown of charges didn't put day only month and year or what the charges were for, do I need to do that now? Don't want to lose at this stage!!!! Really panicking now HELP!!!!!

[steven4064]

Gracie

 

You don't have to answer cobblers at all. You only need to supply information if requested by the court.

 

However, this is the opportunity to rectify the other problem. Redo your schedule with the proper dates and descriptions and send to cobblers with a covering letter, copied to the court.

 

Steven

 

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[Guest ChloeJane]

1/ Have been asked to answer cobblers by 16th May but heard nothing about which court I'm in (orginally started on line)where do I send the copies to?

2/Also in original breakdown of charges didn't put day only month and year or what the charges were for, do I need to do that now? Don't want to lose at this stage!!!! Really panicking now HELP!!!!!

 

 

Hi Graciee!!

 

Don't panick!! You have done it all right till now !

 

If Cobblers wrote to you, they were asking for information that you DO NOT have to provide. All you have to send them is your copy of charges schedule - it should be broken down into date, amount and type.

 

The above is important as that is acceptable format - monthly you may well get away with, but it is adviseable to break it down further. You have to remember - worse case scenario a judge has to look at this and while I am not saying they are not bright or clever, they need it clear!

 

As for the Court -

 

If you did this on Money claim it could well be that they have forwarded it to your local court, however not sure of your dates.

 

Post back and let me know -

 

1) What date you filed with MCOL

 

2) What date they filed their defence

 

3) Do you have a copy of their defence

 

Will look out for your post hun and advise then. Will also reply to your PM.

 

CJ

[graciefaye]

HIYA!!! Filed claim with mcol on 30/03/07 I know they then have 5 days so works out 4th of May, they filed defence day before! I do have a copy of their defence but heard nothing from court. Cobblers want a response by 16th may

[steven4064]

Cobblers want a response by 16th may

 

So they might! And you want your money NOW!

 

Steven

 

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[Guest ChloeJane]

Hi Graciee,

 

You need to contact your local court. You will find the information for them here.

 

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/

 

Find your local court and give them a call.

 

Time wise - it would have only just left the MCOL circuit to go to your local court - so i really wouldn't worry about anything. The court WILL be in touch.

 

Money claim are usually good - in that the following is clear on their website. If the 4th of May was when they filed their defence.....

 

.......If the defendant files a defence and the defendant is an individual, the case will be transferred to the defendant´s home court. MCOL will send you a Notice of Transfer........

 

Where I think the confusion is is that when the bank files their defence, they usually then instruct their lawyers to manage the case. As the banks are not good at paperwork, many of the lawyers are asking for information that you do not have to provide and causing confusion. Did the lawyers send the defence or did the court?

 

As they only filed on the 3rd - then the process can take up to 14 days for transfer - so hang in there and while I have given you the court number and contact details above, I doubt they would have received the transfer and claim details yet, but it won't hurt to give them a call.

 

THE COURT WILL BE IN TOUCH!!!- you will not lose your claim and have not made any mistakes - it is a confusing process - so sit tight and don't panick.

 

CJ

[graciefaye]

Makin a real hash of things! Went to itemise charges and they owe me more than I have stated, not bothered about that but does it matter? Also nerves got the best of me and I phoned and signed the offer made by Nat west for whole of charges but not interest. They said that now its in the hands of the solicitors they didn't know if they could settle now, BUT I SIGNED THE OFFER AND SENT IT BACK, OH GOD!!!!!! What do I do now?!

[hedgey06]

Bump............ anyone???? :?

[Guest ChloeJane]

Hi Gracie,

 

I could tell by the PM you are stressed and this is understandable.

 

Ok - so you sent the letter back to them accepting the offer yes?

 

Firstly, need to ascertain where you sent the acceptance to> Was it their lawyers or was it the bank?

 

Secondly - are you wanting to accept their offer ? If no, then I assume this is what you are worried about.

 

You need to send them a letter - a basic one is below.

 

This is important that if you want to fight for the full amount, you will need to do this first thing tomorrow.

 

*****

Solicitors Name

Address

 

Date

 

Dear Sirs,

 

On Court record you are registered as being the acting agent and legal representative of the Bank since the litigation process begun. I therefor find no reason that the Bank should be in touch with me at this stage other than with intent to confuse and harrass me further while my claim is going through the legal process.

 

On the (date) I received a letter from your client with an offer and have signed this, however it has come to light that the letter was NOT the full amount with interest that I am pursuing.

 

This is an abuse of process as you are either acting for your client, or not.

 

I write to ask you to note the following :

 

1) My claim is for £XXXX.XX as outlined in my Particulars of Claim, inclusive of interest plus court costs of £XXX.XX, and this claim will continue until payment is made in full.

 

2) The offer signed by me on the (date) is fully withdrawn as I am instructed to deal with you, not the bank directly. This letter I will argue in court as not to be bound to as not sent by your office as acting agent and confusing, sent with the purpose of gaining advantage and abusing the process as I am a Litigant in person.

 

3) That a complaint letter will be sent to the court in relation to the above and that it is clarified in writing who I am to deal with for any future offer prior to hearing.

 

4) That further charges have come to light in view of this of which I am rightfully able to ammend my claim via application to the court. The extra charges amount to - **(amount).

 

5) That I am willing to settle prior to hearing and withdraw action and the complaint if the full amount of **(amount)** inclusive of interest and court costs as outlined in point 1 is paid in full within 10 days of receipt of this letter.

 

I look forward to your reply or your attendance at court.

 

Regards...

 

 

Your name.

 

 

*************

 

Try this! It is only an outline but covers the points and may have them settling. It also makes clear that you will not accept the offer.

 

Let me know your thoughts,

 

CJ

[steven4064]

Makin a real hash of things! Went to itemise charges and they owe me more than I have stated, not bothered about that but does it matter? Also nerves got the best of me and I phoned and signed the offer made by Nat west for whole of charges but not interest. They said that now its in the hands of the solicitors they didn't know if they could settle now, BUT I SIGNED THE OFFER AND SENT IT BACK, OH GOD!!!!!! What do I do now?!

 

First thing - don't panic. Which letter did you sign, one from Nat West customer services or one from Cobbetts?

 

If it was the former, then you may have caused some confusion but I don't believe it is irreparable. After all, from Nat West's point of view, you signing the agreement is the second best thing that could happen (the best thing would be for you to just go away). The problem is that NatWset passed the case to Cobbetts once you pressed the button on MCOL.

 

It should be justa case of gettin NW and Cobbetts to talk to each other about it.

 

The worst that can happen is that they say the offer is no longer valid because you have gone down the MCOL route, in which case you just carry on with the case as if nothing has happened.

 

If it was the latter there shouldn't be a problem at all.

 

Steven

[graciefaye]

Oh thank god for your help CJ. I sent the letter to the bank so will follow your advice and send the letter to cobblers tomorrow. thank you so much xxxxx

[graciefaye]

steven thank you, have written out the letter given by CJ. The letter signed was from the Natwest not cobblers. I've never been so scared and the job of work I do is pretty scarey! Thank you for your support and keep watchin my thread as you can tell I'm about to have a nervious breakdown!

[steven4064]

I'm going to be away all week but you're in great hands with CJ.

 

Steven

[graciefaye]

Help-again!!! Have noticed yesterday that Natwest have paid charges back into my account but not the interest! Have sent all letters to cobblers and court-what do I do? In light of the bank winning don't want to lose it now.

[steven4064]

Help-again!!! Have noticed yesterday that NatWest have paid charges back into my account but not the interest! Have sent all letters to cobblers and court-what do I do? In light of the bank winning don't want to lose it now.

 

I would write to Cobbetts again, refer to your previous letter where you withdrew your agreement to the offer, etc. Point out that the money has been paid into your account without your agreement and ask for an immediate explanation of what is going on. Request that the money should be withdrawn again.

 

Steven

 

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[Guest ChloeJane]

Hi Gracie,

 

If you sent the letter below, then you have made your point clear.

 

Therefore do not worry..

 

I would now send them a letter stating -

 

 

Solicitors Address

 

Date

 

Dear Sirs,

 

Despite my letter of the ** date you sent letter below** I am outraged to find that you have ignored the contents and the bank have credited my account.

 

I write to again state clearly, that this is accepted as PART SETTLEMENT only and as clearly stated in my letter I will continue to pursue for the full amount owed, plus interest plus court costs.

 

Enlosed is a copy of my recent letter to your office.

 

Signed -

 

Your name.

 

 

Send that off today or as soon as possible and you are making your stand clear.

 

CJ

[graciefaye]

They actually have paid the charges I have asked for but not the interest and court costs. This money will really get me out of trouble worried about losing it all! What do you think are the chances of me getting the interest and court costs?

[Parkvale]

If you don't try you will never know. Good luck.

[graciefaye]

Thanks Steven but now I've got my hands on most of the money, I'm keeping hold of it!

CJ- have typed letter but will miss post office for recorded delivery so gonna just post first class (is that ok?)

Should I take the money out of my account in case they take it again? I suppose what I'm asking is "is the money deposited mine now?"

[devgirl]

I think if you are still pursuing for interest and court costs, then the money isn't really yours as a) they have not issued a part payment, they have paid what they understand to be a full settlement into your account, b) you want to reject this settlement, and reclaim all costs in full.

I would leave the money alone, and wait for them to respond to your refusal of the offer if that is the way that you want to go.

Although if the money is there I can understand the temptation to cut your losses and accept the charges without additional costs!

[graciefaye]

God so confusing! Surely though if I have sent a letter accepting this as part settlement that's their mistake not mine? Also has two conflicting posts:confused:

[Guest ChloeJane]

Hi Hun,

 

You have sent a letter to them stating clearly that you do not accept their payment as full and final settlement - you have stated you will accept it as part.

 

The fact that they have placed the money in your account - and you are accepting it as only part settlement - I see no reason why you cannot spend it.

 

You have not asked for them to remove it, you have merely stated you are going to continue to pursue for interest and court costs.

 

So the way I see it, part settlement - the money is yours.

 

CJ

[graciefaye]

Will that be a legal point of view though?

Oh and thanks for yet again coming to my resue, you truly are an angel!

[livelylad]

As CJ has said send a letter telling them that you will continue with the claim until you recive your interest and court fees. A call to Cobblers on Monday should sort this out.

[graciefaye]

Oh thanks for your advice, really frightened about phoning them though, really don't want to do that:( Will the letter do? Shall I send a copy to court as well?