maxine989 v NatWest ***WON***

[Guest NATTIE]

My gut feeling says when a number of changes occur in November 2007 is when maybe it will happen but.....

[maxine989]

I've been down the court today too and payed another 120 squid to start court proceedings on account number two. YAY!!!

 

That's the two bank accounts done... (for now anyway)

 

And also the prelim was sent to Natwest card services y'day.

 

It's all go... it getting hard to keep up with what's happening with what... I have jotted it all down on the calender to help me remember all the dates.

 

So.... if Natwest don't acknowledge the court stuff in 14 days I win by default and have to apply for a judgement. Does this mean 14 days from the date I filed the N1? 14 days from the date they stamp on the N1 when they send my copy back to me? And is it 14 working days or just 14 days???

 

Anyone have any ideas about this? I looked at the FAQ'a and it states to wait 14 days... it doesn't specify working days or anything about the date the 14 days start from.

 

Sorry if this sounds confusing... I've got my daughter on the PC next to me playing on the Cbeebies site and she is blaring out teletubby sounds and poking me with a pen... better go and join in on the fun and games with my two year old before she get's bored.

 

 

BTW

 

Thanks to the super cool Mod who changed my title for me... THANK YOU!!!

[Deller]

So.... if NatWest don't acknowledge the court stuff in 14 days I win by default and have to apply for a judgement. Does this mean 14 days from the date I filed the N1? 14 days from the date they stamp on the N1 when they send my copy back to me? And is it 14 working days or just 14 days???

 

 

From the date you filed your claim the court allows 5 days for the claim to be issued, this is the deemed served date. From this date the defendant has 14 days (including weekends) to acknowledge the claim (which they will). Once acknowledged the defendant then gets a further 14 days to file their defence. So in total, from the date you filed your claim, the defendant has 33 days to submit defence, it'll be at the end of this deadline you may be able to enter judgement, but you should expect Nat West/Cobbetts to reach these deadlines, probably right at the last minute.

[maxine989]

Ah ha..

 

Thanks for clearing that up for me deller

[barracad]

BTW

 

Thanks to the super cool Mod who changed my title for me... THANK YOU!!!

 

You only had to suck up before you wanted the title changing!

[maxine989]

You only had to suck up before you wanted the title changing!

 

I can't help being nice..hee hee

 

Are you really THE stig... can you take me for a drive?...LOL

[maxine989]

So... NatWest ignored my letters, both the prelim and the LBA... I hadn't heard a peep from them, not even the complaint leaflet/letter. I filed the N1 last week and tody I had a letter saying:

 

Dear Miss hayward

 

Thank you for your letter dated Novemeber 28th 2006

 

I am sorry that we have not yet been able to respond to you and would ask that you bear with us meantime. We are currently investigating and will respond to you as soon as possible.

 

Thank you for your patience to date.

 

Your Sincerely

 

Stuart Higley

Customer Relations

 

oops... it's a bit late now... I can't believe how long it has taken them to respond to my correspondence. Strangely their letter is not dated either... I wonder why?

 

At least I know the letters got there, I was beginning to wonder.

[The cobbett slayer]

Makes you wonder just how many letters Stuart Higley has got on his desk waiting to be responded to. Something tells me they're not coping too well.

[maxine989]

I am happy if they want to ignore me. If they ignore the court bumf which they should have recieved by now, then I will win by default anyway... so I hope they are too snowed under to aknowledge it... but something tells me they probably will aknowledge it at the last minute, just to be awkward. I can go apply for the judgement on the 24th of this month if I don't hear anything... will have to wait and see... roll on the 24th.

[Josamolly]

Good thread Maxine.. I don't actually think Stuart Higley exists, i think its just a name they use so when a reply comes back they know what its about before they open the envelope!!

 

I'm ready to file on the 15th, with comtractual. LBA went off on Monday so i'm right behind you, so to speak.;-)

[maxine989]

Hi Jos

 

Thanks for taking a look at my thread.

 

I have recieved 4 letters this week form Stuart Higley, all saying the same thing (as above on the 9th). None of the letters are dated or have a reference to my account(s). They all thanks me for letters dated different dates??? Has there computer gone mad??

 

You could be right... Stuart Higley may not really exist. The letters are always photocopied... with the same bad grammer sometimes (no full stop after first line) and the signiture is a photocopy that looks like 'ming'.

 

Maybe Stuart Higley is an anagram...

 

Tatusa Gilhey... or

 

Rustat Yeghil...?

[Guest NATTIE]

Stuart Higley does exist, and a few members have actually spoken to him

[maxine989]

I know that, it was a joke... a bit of fun!!

[pmhcfc]

Maybe Stuart Higley is an anagram...

 

Tatusa Gilhey... or

 

Rustat Yeghil...?

 

Well...If he is hard to pin down, you could always address his letters to....

"U Real shy gitt" .. Interesting that an anagram of his name is 'He Gutsy Liar' ...But after all this fun and shannagans, perhaps Stuart Higley is a woman, as another anagram proves >> Haily Gutters ..Enoguh said me thinks

[maxine989]

Hi there folks

 

Today I received the acknowledgment from Cobbetts, but only for the one account... I filed two court proceedings for two separate Natwest accounts, so I will expect the other one in the post over the next few days as the 14 days are coming to an end very soon.

 

In the acknowledgment it states that Cobbetts will be entering a defence.

 

Bummer!...

 

I was hoping it wouldn't get dragged out. Although I was expecting them to acknowledge and enter a defence, as Natwest always do (so it sems).

 

Now... I a little unsure of the following, so any advice is welcomed: Do I wait 14 days from the acknowledgment, or 14 days from the end of the initial 14 days (28 days from the deemed as served date) before I am able to enter a judgment???

 

Patience is a virtue.

 

Maxine

[Deller]

You wait 28 days from the date the claim was deemed served.

[muggins73]

Have you received a Notice that Acknowledgement of Service Has Been Filed from the court, yet?

If not don't panic, and certainly do not jump through hoops 'cause Cobbetts ask you to!!! Remember this is your claim, and the only one who tells you what to do from now on is the judge. On this you'll be advised that the defendant responded to your claim intending to defend all of it. It then goes onto state that they have 28 days from the date of service of the claim form with the POC, or the POC, to file a defence (date of issue is given on your Notice of Issue form).

Your Notice of Issue form should have a tear-off section at the bottom headed Request for Judgement which you should fill in if Natwest fails to defend on time. Chances are they will, but it is worth sending just incase.

 

Hope this helps.

[maxine989]

Thanks for that folks... I have just received the one acknowledgment from Cobbetts for the one account so far. I am hoping they have overlooked the fact that I had filed the two accounts seperately, so at least one is settled quickly. The 14 days are up on Wednesday.

[maxine989]

Ok... here's an update

 

As I said above... Cobbetts sent acknowledgement to account 1 and I was expecting account 2 acknowledgement any day... However, the 14 days were up last week and I still had heard nothing.

 

I went to the court to file the judgement on account no.2... expecting them to say there was a stay on it when they bought it up on the computer... but no, nothing!

 

So Cobbetts acknowledged only one of my claims with Natwest... I am very surprised at this. What is more surprising is that they acknowledged the claim with the lesser value... the one they missed was 3 grand more. I imagine that this is because of all the added pressure the banks and employees are experiencing due to the sudden surge in people claiming back their charges.

 

I think banks are getting snowed under with Data requests, prelim letters, LBA's and court action.

 

So... I claimed the judgement (or however you phrase it) and just have to wait a few days to see if I hear anything. I am not sure about this bit as I haven't got this far on any of my other claims yet. Hopefully I should receive a cheque sometime this coming week... although it all seems a bit too straight forward and NatWest have been known for dragging it out until the end... so I am not counting my chickens yet.

 

On account number 1... I have to wait to see if Cobbetts entre their defence.

 

I still can't believe Cobbetts have forgotten to acknowledge the claim on acount 2... very strange!

 

Maxine

[muggins73]

what can I say, there's only one word for them maxine, and that's plonkers!!!!

 

Let's hope you get a way with this one, might make your fight for account #1 abit harder though?

 

Fingers and toes crossed.

[maxine989]

Yes, I will keep my fingers & 'foot fingers' crossed too.. I just love 'foot fingers'... a young Asian boy in my art group told me that's what his mom calls toes... fantastic!

 

So you reckon once they realise they might make it big hassle to get account 1 settled? Doh...! What more hassle can they cause than they already do in most cases?

 

[muggins73]

I'm not saying they will, just that they could, that's all.

Yep, you're absolutely correct, they have caused a certain level of harrassment, but it's good to air on the side of caution, just incase they use new levels!!

[maxine989]

Hmmm... :?

 

I am not sure what to do now. The judgment was served and I recieved a copy dated 26th Jan... now it's 1st Feb... They've had almost a week. I am not sure what to do next...?

 

I have heard nothing at all.

 

Do I go down to the court and start the baylif proceedure or wait a bit longer?

 

Hmmm... :-? :-| :?

[Neil Birch]

I suggest you call the court and check to see if cobbetts have entered anything late, then go for enforcement immediately which you fully entitled to.

If you do this try and find out when the bailiffs officer will be visiting [bailiffs office open only till 10 am]

tell bankfodder and your local paper they will be interested in the case

good luck neil

[maxine989]

I have just phoned the court and they said there is no late acknowledgement or anything. So I am going down later to start the enforcement... lets see what happens...

 

Thanks for the advice Neil.

 

Maxine :-|