Clark v Natwest ***WON***

[Clarky]

Hi all,

 

Glad to see evryone progressing (slowly) but surely! Good luck to all those near the end. It'll all be worth it soon.

 

Just like to pick the brains of a few of you. I issued my claim on 31st August and Natwest acknowledged on the 4th September. Do my 28 days run from 4th September or the date I issued the claim?? If so do i (hope) win by default on the 2nd/3rd/4th October. I'm not sure if its 28 days from date of issue, date of acknowledgement and also if it is acknowledgement does it include the actual day?? Does this make sense?? I hope someone gets what im saying....Any help appreciated!

 

Clark xx:p

[Clarky]

N E ONE??????? xx

[barracad]

Do my 28 days run from 4th September or the date I issued the claim??

 

Neither.

 

The 28 days are counted from the date of service.

[jane641]

Hi,

I am just ahead of you so will be following your thread to see how you get on.

The 28 days start from the day the papers were served (usually 5 days after you submitted claim).

I submitted claim on 25th August and they were served on 30 Aug so I have worked out they have until 27/9/06 to respond and if not then I will apply for judgment the next day (28/9/06).

From reading other threads though, they usually submit a defence at the very last minute, sometimes a day late and the court do accept this.

Fingers crossed for both of us!

Jane

[Clarky]

Hi and thanks to both of u for the advice. So, I issued on the 31st and it was deemed served on the 5/9/06 so i will count from then not the day before when it was acknowledged??

 

That doesnt make sense, its like they have an extra day...so 29 days from the day acknowledged. Oh well, no rush is there, its not like there gonna work to deal with it quickly is it!!!???

 

Thanks for clearing that up for me and jane641, ill be watching your thread closely know i know where on almost the same timeframe. Thanks again

 

Clark xx:p

[jane641]

Hi Clark,

I know confusing isn't it??!

I was a bit confused too as my papers were deemed to be judged, after they acknowledged too, but on my confirmation papers ('Notice that acknowledgment of Service has been filed') Cobbetts have signed and dated on 30th Aug and above this there is a load of blarb telling them they have 28 days to file a defence so I took it from that date (this is also 5 days after I submitted the papers).

I hope this is OK but at the end of the day if you are too early MCOL won't let you apply for judgment anyway!

Jane

[xoxnitaxox]

Sounds like you're having fun! :-P

 

They have until October 4th to file a defence in there case against me... am kinda looking forward to seeing if they actually bother filing their defence or if they will simply "forget". They acknowledged really quickly mind... as opposed to others who took almost the full 14 days!

 

Good Luck anyways

[Clarky]

Hi xoxnitaxox

 

They acknowledged mine really quickly which I was surprised at as I presumed they would wait til the fourteen days was up to buy more time. The main thing is what I think we all need to be aware of is that even though they appear to have a pattern of dealing with things, they could change that at any moment and thats what my concern is!! That they will come up with something that no-one on here has seen and really confuse things! But at the moment im just waiting, submitted mcol for halifax and due to do the same for co-op this week so goot plenty keeping me busy!!!

 

Good luck xoxnitaxox, we're running on almost the same timescale so ill keep watchin ur thread

 

Clark xx:p

[g0atface]

they acknowledged within a couple of days on mine too - now have until 8th of october to file a defence so im not far behind you!

[Clarky]

Oooooo, right then, got someone elses thread to watch with interest now!!

 

g0atface, we can compare notes on how we're gonna spend out dosh when we get it!!!

 

Clark xx

[Clarky]

Hi all and apologies in advance if I am being stupid....

 

The time has come for me to send something to the court as I have not yet done so. Does this sound ok...

 

' Further to my recent claim which was issued via Moneyclaim online, please find attached copies of both of my letters sent to Natwest as well as a schedule of the charges levied to my account.

 

Should there be any further information you require please contact me on the above address'

 

And am I right that because it was done via MCOL the address to send this stuff to is 21-27 St Katharine's St, Northampton, NN1 2LH.

 

Last question, do I need to send them these copy letters of just the schedule of charges???

 

Thanks guys

 

Clark xx:p

[sbb1979]

Hi C!

 

I just sent them a schedule of charges with a letter much like the one you've written to the Court Manager, Bulk Processing Department, Northampton County Court, 21-27 etc.

 

Haven't heard back either way from them so don't know if it was really the right thing, but seems logical that they'd need the one bit of information that we don't have room to include when we use MCOL.

 

Haven't heard anything from Court or Abbey(Cahoot) yet though....they haven't even acknowledged my claim, but have until Friday so will probably leave it until the last minute. As always, good luck, am watching your progress with interest!

 

S

[peep]

Hi All

 

I have read you thread with interest as i am at the same stage as yourselves with the Natwest.

I have sent a major letter to Cobbets with all the relevant info so dont believe they can submit any defence. I'm waiting with baited breath to see if i'm right or not.

I'm going to sent this info to the court also so they have it all on file.

I work in the criminal courts alot and am of the opinion that the more info you can give which supports your claim and weakens the defence, the more chance of success you have.

Hopefully this attitude will work in the civil court.

Cobbects ackowledged mine on 14/09/06 although their clock began on 11/09/06. Good luck to all.

[Clarky]

Hi S! Havent spoke in a little while....hope everything is moving along ok??

 

Your arguments are perfectly logical, i did send my letter to Cobbetts to hopefully avoid the request for more info but am now gonna send the same to the courts, know i should of done it already but im gonna do it now!

 

And hey peep and thanks for the advice. I can see from your sig you are only slightly behind me so ill keep an eye on your thread with interest. I myself sent a letter to Natwest head office, copied to Cobbetts clarifying that I had issued a claim and the sort code account number and a copy of the schedule of charges. Am now just about to send the same to the courts.

 

Do you think it would be relevant to sent my copy of my pre lim, lba and the response I received from Natwest to show that I gave them reasonable opportunity to refund the charges or that just the schedule would be enough.

 

Thanks again both of u, your help is much appreciated. I'm gettin a bit stressed with them all now!!

 

Clark xx:p

[sbb1979]

It couldn't hurt to send them the letters too. I would have done it if I'd thought of it. Will do when I file my Natwest MCOL on the 6th Oct.

 

As soon as my Cahoot claim gets acknowledged by DLA then I'll do what you did and send them a schedule etc to attempt to avoid delays.

[Clarky]

Ok here we go.....

 

Got up nice and early to file judgement by default. Went online about half seven and my judgement was accepted, nice one!

 

However, I have since been on mcol and one box now says, a defence has been submitted and i cannot carry on online, but the box next to it still says 'your judgement has been sent to the courts for final validation'

 

So help me out here, have those dirty tricksters Natwest beat me to it even though their defence was not filed before i applied for default judgement??

 

I have a feelin what the answer will be but can anyone advise??

 

Clark xx:p

[sbb1979]

From what I can tell, if you file for a judgement by default then no matter when you do it, it will only go through at the end of the day, therefore the defence can go through any time before that.

Am sure that I've seen one that's got even further though, the courts seem to give the banks so much room on these things, they could probably file a defence a week on Tuesday and it would still go through!

[Clarky]

Hi mate and thanks for the reply,

 

Thats what i was afraid of! Ooooooo i hate hate hate hate hate them, i have had another two £28 charges since i filed my claim on an account that i dont even use!!!

 

Wondering whether to send a letter off for these in the hope they will give them back or leave it til my claim is done??

 

Any advice anyone??

 

Clark xx:p

[chriswatkins]

Hi Clark, I have had more charges as well and wondering whether to send off for them now, or wait till this claim is finished, not sure what to do, anyone know the answer, mods?

[Clarky]

Hi Chris,

 

Its a vicious circle this one. I dont use the account but went o/d about 18 mths ago. Every month they slap 28 quid on it sending me o/d cos there is no money in there the following month is the same!

Usually i put the 28 back in the day they take it out thus im onlu o/d for about an hour!! But they still take it each month! So this time i have left it cos i have the claim going on...its now 56 o/d and i really dont wanna put the money in but now next month it will be a charges AND interest!!

 

Any mods wanna help on this one?? Do u think they may give a measly 56 quid back??

 

Clark xx:p

[xoxnitaxox]

Hi Clarky - I spoke to woman at local county court, as she's been very helpful... and very patient with me! She said that a judgement if filed on the same day as a defence, takes a back seat unfortunately. I'd asked this a week ago as I was worried they'd leave it til the last minute.

 

and they did I recieved a letter from Cobetts this morning... their supposed defence.. which completely confused me, so I phoned the court and got her to explain what was happening and did I have to make some kind of attempt at a reply to the twits at cobbetts... which btw the letter asks me to do! She said no, I just have to fill in the allocation quesstionaire, which I should recieve from the court first thing. Typical... they had til today to respond, and managed to do it at the last minute... gits! Although another claim I have going through was due to finish today and she said there had been no defence at 12 this afternoon but they only had til the court closed at 4 so... here's hoping!

 

Still, yes your judgement took a back seat to their defence but hold on... you'll get your money

 

Hope you're OK btw!

[Clarky]

Hi xoxnitaxox and everyone else!!!

 

Well i need help now i think everyone. I have the defence and do not understand what they are asking me to do in the slightest!!!

 

I think i have done ok up to now but to be honest now im stumped, i dont know if i have a standard defence or what but it just doesnt make sense to me what they are asking me to do!!!

 

Help please anyone??? Should I post the whole thing on here???

 

Some solicitor im gonna be!!!!

 

Clark xx:p

[jane641]

Hi Clark,

 

Don't panic!

I am sure it is probably the standard defence. I am at the same stage as you and received my defence yesterday. I got a bit worried too but have read other threads today and the defence is about the same as others.

Have a read on 'toilet bandits' thread and he has posted the defence he received on there. When I looked through it I realised it is very similar to the one I got in a roundabout way.

 

The one thing I do know is that you do not need to reply to Cobbetts at all or answers any of the things they are requesting. They are trying to scare us and put us off following this through.

It is only if the courts ask that you have to do it.

 

Have they asked you to fill out a CPR part 18? This is what they did to me (and most others). If so, you do not need to fill this out as your case will be allocated to the small claims track which does not require this.

Have they also asked for your account details and details of all the charges you are claiming for? If so, again you do not need to provide this if you have already done so with your prelim letter and LBA.

 

You can either ignore their defence completely and wait for the AQ from the court (which usually arrives next day - mine arrived this morning) or you can send Cobbetts a letter refusing to complete CPR 18 and enclosing account details and another copy of charges.

I have decided to send them a letter and cc it to the court and have put a copy of the one I am sending in my thread (janeVNatwest). Have a look.

 

I hope this makes things clearer for you.

Don't worry - that's what they want you to do!

 

Good luck, will keep watching your progress as you are on a par with me.

Jane

[xoxnitaxox]

I was the same clark - completely bamboozled and fed up - I couldn't work out what they were even saying in their defence, was all written up in a language I didn't understand, or may as well have been. I phoned court and she said don't reply to it. They're sending me an allocation questionnaire (which hopefully ill get today). We're at exactly the same stage now. Let's hope we both get what we want!

[sbb1979]

Hi Clarky,

 

Did they do the CPR 18, or did your letter to Cobetts earlier on prevent them from doing that? I'm probably a week or so behind you and will be sending a letter to Cobetts tomorrow with my schedule of charges etc.

 

Can you put the defence on here so we know what to expect?

 

Good luck.........hang in there!

 

S x