??? Not with you Godders.

I dont believe this !! I think Natwest have made a BIG mistake, I cant believe how incompetent they are. I have 2 court dates (2 seperate claims) one THIS FRIDAY and the other in Jan. Well they have been in a big hurry to try and settle the one for friday (still waiting for my interest and court costs to arrive - hopefully tomorrow), but this is actually for the claim that the hearing in JAN is for!! They think that this will all be over but its for the WRONG account!! So it looks like I will be going to the court on Friday - and they wont be there!! HA HA!! Cant wait!

Hi Innocent Yeh I'm right past that stage (my signature covers it all up to a point, including how much I'm claiming), basically got 2 court dates (personal account & business) one in a week or so and the other in Jan. This is the final bit, as I said - Ive got a cheque today to avoid court but it didnt include any interest or court costs. Hopefully this will be sorted by next week:D

Excellent! thanks for that, I'll send it tomorrow. Looks like I will have 2 success stories on her very shortly!

Thanks janquinny! So do you think this is ok? Dear Sirs Thank you for your letter dated 0th December 2006 I will accept the cheque sent to me as partial settlement, as the interest pursuant to s8 of the county courts act at 8% totalling £000.00 (includes daily rate to 6th December 06), and court costs of £120.00 is still outstanding. The claim will continue until this has been paid. The defendant has had sufficient time to settle, and prior notice of submission of my court claim. Subsequently I am now seeking my costs in full and the statutory interest as already notified. I trust this clarifies my position. Yours faithfully

Sorry guys The court date is set for Jan. Ive had various offers (all refused) the figure they want to repay now me is just the total of my charges, not including court costs or interest. So what your saying is then that I can actually get the interest off them, just by writing to them asking for that back? Is there a template for this? Not sure what contractual interest is! Cheers

Hi chaps Got a settlement letter today from Natwest and attached was a cheque for the full amount claimed but NO interest. Does anyone know if I should be getting back my interest claimed? I know that if it actually went to the court hearing and won - I would get it. But shouldnt Natwest be offering this too? Should I write back and say that I will only accept the full refund plus interest? or should I be grateful without it? I was sort of banking on the interest too - what do I do? Thank for any replies

THANKS FOR GETTING BACK TOME SO SOON MARTIN3030! I appreciate the time you have taken to respond.

Just quickly..... On their final offer letter they go on to say at the end: 'Whilst this letter is written without prejudice save as to costs, in the event that you decline this offer, we will drawthis letter to the courts attention on the basis that we hold the firm view that this offer is entirely reasonable in the circumstances. This offer will remain open for 7 days until xx/xx/xx'. I dont like the fact that they will draw the letter offer to the courts attention, so I thought I would reply with the following - what do you think? Response to settlement offer. Dear Sirs Thank you for your letter dated xx/xx/xx I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £x,xxx.xx I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with the current County Court claim if necessary (hearing date confirmed). Although you have deemed that this offer is reasonable, I will bring to the courts attention that this is not the case as at no point has the defendant justified their charges to the account. Consequently without such justification, the charges are therefore unlawful and only a full refund is acceptable. I trust this clarifies my position. Yours faithfully Can I quote the unlawful bit? Thanks for any replies.

Cheers for that Martin3030, yor advice is always helpful and to the point. Keep up the good work!

Hey guys After sending out my 2 AQ's (one for business and the other for personal - only the personal had a cpr18), I got a final settlement 'offer of goodwill' payment letter. This equates to approx 50% of the final claim (inc interest). What should I do? It came with a letter from the court giving a hearing date. Should I ignore it or reply with a letter saying that I will accept it only as a part payment? Thanks

I LIKE IT! Thanks a lot for that Michael. I'm going to do it right now!!

Thanks Michael. I'll send it out today. Just as I write this I have another letter recieved today for my personal account. It is a reply for my standard template letter stating why I shouldnt have to give more reasons via the 'Request for Further Information'. This is their reply: We refer to your letter dated ../../.... We note your comments on our Request for Further Informtion. It is our clients 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 your claim is disproportionate and unreasonable. The court is bound by an overriding objective to deal with cases justly and ensure that parties areon an equal footing. It was clearly the case that our client could not respond to your claim where you did not provide sufficient particulars. Our client therefore objects to your allegation that the request is intimidating. But I have given a detailed Particulars of Claim - I even gave them more copies when I returned the AQ. SHALL I RESPOND TO THIS LETTER? Or ignore it - there is no request to reply to it. Thanks for any help.

Hi Can someone please help....! On my business account claim I received the defence from Cobbetts today (last week I got the defence and CPR18 on my personal account - all sent back nicely), only stating a defence and NO CPR18. I was quite surprised at this, but even more surprised to read the defence which states: 1. This defence is filed and served without predudice to the right of the Defendent to apply for summary judgement in respect of and/or to strike out the Particulars of Claim 2. The defendent is embarrassed by the lack of particularity pleaded in the Particulars of Claim to the extent that the Particulars of Claim fail to disclose reasonable grounds for bringing a claim against the Defendent. In particular: 2.1 The Particulars of Claim set out no facts indicating what the claim is about, are incoherent and do not disclose any legally recognisable claim against the Defendant. 3.The defendent invites the Claimant to remedy the above. In the event that the Claimant fails to do so within 14 days of the service of the Defence then the Defendant will aply to the Court for an Order striking out the Particulars of Claim. 4. The defendant reserves the right to plead further to the Particulars of Claim once and if the Claimant properly particularises the same. In the meantime, it is denied that the Claimant is entitled to the relief claimed or any relief whether as pleaded or at all. The thing is, in the Particulars of Claim I used the business template for the N1 for business (didnt want to use MCOL as I needed more text space) and listed it all and attached the spreadsheets. Are they trying to scare me off? Obviously this wont work but I just need to know what the best thing to do is! Shall I send copies to Cobbetts again with a short covering letter, and also send these as copies to the court (noting on Cobbetts letter that I have sent copis to the court)? Thanks for any replies peeps.

ARGH - HELP! On my business account claim I received the defence from Cobbetts today (last week I got the defence and CPR18 on my personal account - all sent back nicely), only stating a defence and NO CPR18. I was quite surprised at this, but even more surprised to read the defence which states: 1. This defence is filed and served without predudice to the right of the Defendent to apply for summary judgement in respect of and/or to strike out the Particulars of Claim 2. The defendent is embarrassed by the lack of particularity pleaded in the Particulars of Claim to the extent that the Particulars of Claim fail to disclose reasonable grounds for bringing a claim against the Defendent. In particular: 2.1 The Particulars of Claim set out no facts indicating what the claim is about, are incoherent and do not disclose any legally recognisable claim against the Defendant. 3.The defendent invites the Claimant to remedy the above. In the event that the Claimant fails to do so within 14 days of the service of the Defence then the Defendant will aply to the Court for an Order striking out the Particulars of Claim. 4. The defendant reserves the right to plead further to the Particulars of Claim once and if the Claimant properly particularises the same. In the meantime, it is denied that the Claimant is entitled to the relief claimed or any relief whether as pleaded or at all. The thing is, in the Particulars of Claim I used the business template for the N1 for business (didnt want to use MCOL as I needed more text space) and listed it all and attached the spreadsheets. Are they trying to scare me off? Obviously this wont work but I just need to know what the best thing to do is! Shall I send copies to Cobbetts again with a short covering letter, and also send these as copies to the court (noting on Cobbetts letter that I have sent copis to the court)? Thanks for any replies peeps.

Cheers MARTIN3030, that was quick! I'll send them out today :grin:

Hi fellow claimee's. I recieved my CPR18 AND the Allocation Questionaire today!! (I thought that they would wait for my reply from the cpr18, and then send the AQ? Bit strange). Anyway hope you can help me!! Am I right to reply to both at once? and also write the letter re: cpr18 saying that its irrelevant, scare tactics etc? (via the template).

Thanks for replying Roadrally, I've now kept it to under £5,000 - just in case! p.s. Does the N1 always take ssssoooo much longer than MCOL to be deemed served?

Thanks for replying. All Ive done is deduct the last 4 charges on the account to bring it under the £5,000.00 level (which works out at £4,999.00). I havent just put that figure in out of the blue! Am I allowed to lower the original figure this way? And is it including interest or plus interest?? Sorry to be a pain but I really need to know both the above befpre I continue!

Yes but, I would rather lose £279.00 and do one claim. So, can I do £4,999.00 + interest or is it £4,999.00 including interest?? Thanks

Hi I have a claim that I want to put through MCOL which is business and is £5,279.00 + interest. My question is, if I lower the claim to £4,999.00 (below the SC £5,000.00) will it be ok? In other words in the box of the claim form it says 'Amount Claimed' which is entered automatically and includes the interest if the button had been clicked to include it. The figure will then still say over £5,000.000!!! For it to be acceptable do they mean that it must be £5,000.00 in total (including interest), or is it £5,000.00 net - then you can add the interest on top? Sorry for sounding thick! Also, all my documentation up until now refers to £5,279.00, if I change this to £4,999.00 (+ interest) will the court accept it - being a different figure??

Hi I have already sent my claim for my persoanl account yesterday, and am trying to send my business one today - but because it's over £5,000 I wanted to know what the Fasttrack court was all about. I understand that if it all goes pear shape that I will be liable for costs, but I have also heard that there are some advantages too. I am a bit confused, and although I have searched for fasttrack on this site - I cant find anything. Ive gone through pages for the last hour reading random posts - all to no avail! Can someone help?

KARNEVIL I've looked for glennuk as a user (no joy) and went through 10 pages of Abbey, but could not find him either!! ARGH!

£30.00 is a standard fee for certain amounts (not sure how much the threshold is), it then goes up the more you claim. Its worked out automatically so dont worry!

Im like you peep. I from the offset had the correspondence in one letter - but always listed the figures seperately. This gave me the chance to split the claim if I wished. As far as Im aware you can claim both accounts in one go - but only if they total less than £5,000.000. Im a bit stuck myself because my business claim totals £6,094.55 with interest. So I need advice on this ASAP too!! Keep the faith, I am