Nat West Bank Charges

[stan5131]

Yes. I just love it!

[stan5131]

I am sending the following reply

 

Dear Sirs,

 

 

Claim No: XXXXXX

 

I Acknowledge the receipt of the defence posted on behalf of National Westminster Bank plc.

 

I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative

 

Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. I have todate received two part settlement offers from your Client, thus showing that full particulars of my claim have been received, as your Client would not have entered into discussions of settlement from figures plucked out of thin air. However, for clarity, I confirm the charges I am claiming were applied to the following account:

 

CC: The Northampton County Court

 

 

Any comments before it goes?

[Deller]

Hi stansfield, the letter seems to be fine (though I have added a bit in red).

 

One question though, have they actually requested the cpr18 as you havn't stated this, or have you just recieved a defence??

 

I am sending the following reply

 

Dear Sirs,

 

 

Claim No: XXXXXX

 

I Acknowledge the receipt of the defence posted on behalf of National Westminster Bank plc.

 

I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative

 

Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. I have todate received two part settlement offers from your Client, thus showing that full particulars of my claim have been received, as your Client would not have entered into discussions of settlement from figures plucked out of thin air. However, for clarity, I confirm the charges I am claiming were applied to the following account:

 

Account Name:

Account number:

Sort Code:

 

Please also find enclosed a breakdown of all charges I am claiming.

 

Yours Faithfully

Any comments before it goes?

[stan5131]

Their letter says, we enclosed by way of service 1. Defence 2. Request for further information. There is a document enclosed (4 pages) titled Request for Further Information and Clarification. It also says this request is served to CPR Part 18 alternatively with regard to CPR Rule 27.2(3). Is this the actual CPR 18?

[Deller]

In which case send the letter as above.

[stan5131]

Official AQ received from the court today together with a letter form Cobbetts refusing to accept that I have properly particularised my claim. AQ being posted tomorrrow with my cheque for £100 and another snotty reply to Cobblers!

[natwesttookmymoney]

Hi, Stansfield

 

They do this from time to time, especially for MCOL. There are letters on other threads - including Deller's, I think - which answer the point rather nicely. But send them a copy of your spreadsheets with it anyway. that way, there's no complainin'.

Westy

[stan5131]

Mmmmm. I have also sent a letter to the courts pointing out that they have entered into discussions of settlement and made two out of court settlements. Hardly think the judge would conceive that they had done this on figures plucked out of thin air, thus proving that they must have received the schedule of charges.

 

MMMMM see I have gone from Angela to Stansfield lol

[natwesttookmymoney]

Dear Madam

I am pleased to learn of your determination and intent to pursue the matters under discussion.

You retain my full support, albeit very formally.

I remain

Your obedient servant

Westy

(Sniff)

Looks away in apparent disdain but secretly wipes a small (but perfectly formed) tear from his eye.

O, th pain of abandonment!

[stan5131]

AQ and cheque sent back yesterday. Westy, any idea of timescale now? Could have done with this being settled for Christmas. lol

[Deller]

What's the deadline for the AQ to be returned?? Mine was settled 15 days after this date.

[natwesttookmymoney]

Deller beat me to it!

Another one for Trisha! LOL

 

I was going to say 30 days because that seemed to be the norm until the recent flurry of settlements.

 

I'd have liked it to be settled for Christmas, too, but wasn't holding out any real hope - why their defence deadline isn't till Tuesday!

 

Westy

[Deller]

I think this is about the norm Westy (30 days after AQ), maybe I was just a bit fortunate..........or possibly a wee bit pushy...LOL

[stan5131]

Nice to see you are still tap dancing on my thread Deller! lol. Just noticed how many posts you have made recently. Blimey! Are you on a mission?

[Deller]

Sorry stansfield, I get a bit carried away sometimes..........it was the only way I managed to get through my claim without ripping my hair out. lol

[stan5131]

Today received a letter back from the courts returning my cheque as it was made out to wrong payee doh!!! Letter also says:

 

However, this matter has been transferred to the Mercantile Court (an order will be dispatched in due course) and the allocation fee does not have to paid as the case will automatically be allocated to the multi track. In the near future you will receive two orders - one transferring the matter to the mercantile court and one listing the matter for a hearing on 7 February 2006 at 10.30am before His Honour Judge Kaye Q.C. Please await these orders.

 

What now?

[livelylad]

Today received a letter back from the courts returning my cheque as it was made out to wrong payee doh!!! Letter also says:

 

However, this matter has been transferred to the Mercantile Court (an order will be dispatched in due course) and the allocation fee does not have to paid as the case will automatically be allocated to the multi track. In the near future you will receive two orders - one transferring the matter to the mercantile court and one listing the matter for a hearing on 7 February 2006 at 10.30am before His Honour Judge Kaye W.C. Please await these orders.

 

What now?

 

I will get this thread transfered to Mecantile forum.

 

Publications - Guidance - Mercantile Court Guide

[ataction]

7th Feb 2007?

[stan5131]

Sorry, YES 2007

[livelylad]

Sorry, YES 2007

 

I would expect a settlement offer rather soon.

[stan5131]

Thanks Livelylad. Wasnt sure if this was good or bad news!

[livelylad]

Thanks Livelylad. Wasnt sure if this was good or bad news!

 

Its good news, This court can order standard disclosure and can set a precedent. They will settle soon.

[stan5131]

Not to mention the fact that I now dont have to pay the £100 AQ fee! What a merry merrry Christmas this is!

[stan5131]

Well, well, well! Receive a letter today from Cobblers enclosing a copy of their AQ. In the AQ and the letter they advise me they are requesting to strike out the claim on grounds that I had until the 27th of December to furnish them with further information ie particulars of claim. I phoned Cobblers and spoke to some guy who was dealing with the claim. I asked him what exactly do they require. He explained they were referring to the schedule of charges. I said "Oh, do you mean the schedule of charges that I have sent three times to your client, Natwest and three times to yourselves - all of which were sent by recorded delivery and were duly signed for"? And he said ...... wait for it..... YES! I said, "soooooo, are you confirming that you ARE actually in possession of the schedule of charges"? He said, "Yes, it would appear so"! I asked why were they then wasting mine and the courts time, and he said that he didnt know.

 

So, there you have it. Straight from the chimps mouth! They know full well that they have the schedules, but it is obviously their practice to just write to everyone and the courts to say that they havent.

 

Goes off and bangs head against wall!!!

[Guest NATTIE]

Do you have the call recorded? Would be interesting info if you did.