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Wheresmewallet

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Everything posted by Wheresmewallet

  1. Your Part 5 is Part 7 on the defence I recieved. It seems to be solicitor type of talk, or waffle if you like. What is the Section 18? Not heard or seen that before - i don't think i have anyway.
  2. Well, the Allocated Questionnaire has arrived this morning along with another copy of the Cobbetts Comic - I have noticed on the header sheet from county court that I will have to pay the £100 fee, payable by the claiment on the filing of their questionnaire. My claim is less than £1500 including all interest, so I should not have to pay this fee....should I?? - Also. I have not put anything in Section G. Is it okay to do that?? - Should I also send a copy of the AQ to Cobbetts?? I have until November 6th to complete and return the AQ. Sod it. I'll do it today:D On we go
  3. Just a update. Recieved Notice Of Issue from County Court this morning. Claim Issued on 17th October 2006. The court sent it the defendant by first class post on 19th October 2006 and it will be deemed served on 21st October 2006. The Defendant has until 6th November 2006 to reply. That came back quick compared to the Natwest claim I am doing. It took nearly 2 weeks before the court issued it. Oh well. On we go
  4. I think it is just your charges. So you are okay Best check with a Mod though
  5. Hope this helps a bit I'd definatley go for starting all over again to avoid confusion - like Zoot says Wallet
  6. Most certainly. If you are using the LBA template from the library, adjust it with your own details. This is the one I sent with a bit of editing: Dear Sir/Madam, ACCOUNT NUMBER: ******** We are very disappointed that you have failed to appropriately respond in a satisfactory manner to our letter dated the DATE. Further to your communication by letter dated DATE. We acknowledge your offer of a full and final settlement to the sum of £***, but unfortunately we do not accept this offer. We now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations. We would draw your attention to the terms of the contract which you agreed to at the time that we opened our account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. We are frankly shocked that you have operated our account in this way as we had always reposed confidence in your integrity and expertise as my fiduciary. Having revised our account to the date of this letter. We calculate that you have taken£****.**in charges from our account, and £***.** in interest. This adds up to £****.** . We are enclosing another copy of the schedule of the above charges to which we are claiming. We require repayment in full of this money to the sum of £****.**. If you do not comply fully within 14 days from the date of this letter, then we shall begin a claim against you for the full amount plus interest and any costs and without further notice. Not sure what your 14 day timescale is from the Preliminary approach you made. It is up to you, but I'm sure you may as well send your LBA off today with the charges schedule attached to this as it is obvious they are not going to pay up
  7. It looks like a sod off type of letter/paragraph to me I'm presuming your letter you sent following the arrival of all your statements was the Preliminary Letter with the schedule of charges and interest? If so, the next stage I would imagine is the Letter Before Action
  8. It looks as though it is standard in their responses. Everyone may as well run off a few extra copies of the Schedule of Charges ready for these replys from cobbetts, as they seem to have some magical midgets in their offices over in manchester that are able to climb into the unopened envelopes and detach the sheets which consist of the Schedule of Charges and also edit the Particulars of Claim.
  9. I'm not sure about this, but don't/can you put in your Particulars of Claim how/where you want the payment or cheque sent?? It is something I did not do when filling in the N1 Form. I wish I did now, as I would have simply requested them to make it payable to ME, and it would have gone into another account out of the Natwests reach. Oh and CONGRATULATIONS byetheway.
  10. Took it down to court (3 copies required). Found it easier as it is only down the road from us. And if anything needs asking, again it's just a short stroll down to the court
  11. Just posted off another copy of the charges schedule and covering letter (thanks to the templates) to Cobbetts and their CPR Part 18 request:D Wonder what will come through the letterbox tomorrow. Maybe a Allocated Questionaire On we go..
  12. Thanks a lot Martin I nearly sent a up to date version:oops:
  13. Ah now then. I'm not too sure whether you should have mentioned that in your Preliminary Letter. Have you used the advanced spreadsheet? And I assume you have all the bank statements available which you require? Now then. If you have your statements. I'm sure you are going to need to send another Preliminary Letter WITH the monthly Interest added this time. (NOT THE S69 8% INTEREST - You will probably need to add that later as it goes to the court claim stage) I'm sure someone will correct me though
  14. If it's the Letter Before Action. I sent mine to Stuart Higley: Stuart Higley NatWest Customer Relations Depot Code 040 225 Shenley Road Borehamwood WD6 1TE
  15. Just a quickie. When I send another copy of the Breakdown of Charges and Particulars Of Claim along with the template letter. Do I send them a UP TO DATE VERSION or a copy of the originals I sent to court??? Obviously the interest has changed since I took the claim to court Oh. While I'm here. I assume I do send another copy of the N1 Form with the Particulars of Claim to Cobbetts Thanks Wallet
  16. Well as expected, I recieved the Cobblers comic through the post this morning. Inside was the DEFENCE, which has 7 PARTS of rabble going on about such things including these snippets: PART 1- In the event that the claiment does not properly particularise their claim then the defendant will apply to strike out the claim/or for summary judgement in resoect of the same. PART 2 - No admissions are made as to what charges have been debeted to the claiments bank account PART 4 - the claiment being required to identify 4.1 a). The Unfair Contract Terms Act 1977 b). The regulations of the Unfair Contract Terms in Consumer Regulations 1999 c).the principles of common law relied upon by the claiment in alleging that the contractual provisions(s) referred to are unenforcable PART 5 - the defendant serves with this defence a request made pursuant to CPR Part 18. If the Claiment fails to provide the particulars requested in the time stipulated and/or the defects with the claim blah blah And of attached of course is a REQUEST FOR FURTHER INFORMATION AND CLARIFICATION. The CPR Part 18 bit. Anyway. Do I just use the template for the CPR Part 18 (obviously filled in with my details), and also make ANOTHER copy of the N1 Form, along with a updated spreadsheet with all the details about the charges and send them to Cobbetts?? Thanks in advance Wallet
  17. Just a bit. Taking my Halifax Claim Form down to County Court shortly. I'll enquire about the Natwest claim and see what they have to say about it.
  18. Thanks It probably me just being impatient - again.
  19. Still have not heard a peep from anyone, and the 28 day Natwest deadline day is this thursday 19th October. I've received No AQ, Nothing from Cobbetts, Nothing from County Court, No cheques for the full amount through the post (I wish) Am I missing something here??
  20. Thanks a lot Daines. Great stuff. Good luck with yours too.
  21. It's time for MCOL today folks. No reply from the Halifax, and the 14 day deadline was yesterday to respond to the LBA I sent them on the 28th September. A Question for anyone who knows. Which Halifax address do I need to put on the Moneyclaim form in the space where it says Defendants Name and Address? I have checked the Halifax contact details threads, but the addresses on them don't seem to catch my eye to put in the Moneyclaim Form. Thanks for any advice
  22. Well. Time is ticking and it's Friday the 13th. Still not heard anything regarding my claim since I recieved the Acknowledgement of Service Has Been Filed from county court on the 21st September. No letter from Cobbetts, no AQ, nothing at all. The deadline for NatWest is 19th October (28th day) - next Thursday. Wonder if I hear something on the 18th??
  23. Just noticed you sent me a PM. Only because you mentioned it though:oops:. I'll keep checking in future So if you don't hear anything today, it looks like todays your day for Moneyclaim. I've still got in my head that they will say they have not recieved any Letter Before Action and I should have sent it recorded delivery or something. Can they turn round and say these things to get them off the hook? Anyway. Will you be pressing ahead with the next exciting stage of the claim then Daines?
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