Josa v Natwest ~ 6 years with Contractual Interest

[Josamolly]

ok so now we have some movement.. had a letter from the court today saying..

 

Before District Judge ***** sitting at LCC it is ordered that:

 

Unless by the 18th April the defendent files a completed AQ the defence and any counterclaim shall be struck out without further order.

 

The AQ was due in on the 16th March!! why give them more time?? And what happens now??

 

If by that date nothing has been forthcoing does anything else need to be done, or do i just sit back and wait for the remainder of the money owed?

[thereshope!]

Hi Jos

I dont know the answer to your question i'm afraid,I just wanted to say hang in there,at least you know come what may on the 18th April you will have won !!!!!

 

I'm sure someone with more experience than me will comw along and help you with the next step.

 

Hope xx

[mcuth]

The AQ was due in on the 16th March!! why give them more time?? And what happens now??

 

Why give them more time? Well, the DJ has to give them every opportunity to comply. However, 18th April is only next Wednesday, so it appears he's basically giving them as little time as possible in order to force their hand (NB - be prepared for Cobbetts to file the AQ as close as possible to the 18th - that's what they did with me)

 

If by that date nothing has been forthcoing does anything else need to be done, or do i just sit back and wait for the remainder of the money owed?

As far I as I understand it, you'd be entitled to apply for judgement at that point.

 

Cheers

 

Michael

[Parkvale]

Josamolly , I still think they through the towel in . This is from CPR 12 Default Judgement.PART 12 - DEFAULT JUDGMENT

They have gone way over their due date. You are nearly home and dry. Good luck.

[Josamolly]

Thanks guys.. it just does my head in.. if i had applied for judgement a month ago, would them being granted a set aside, if indeed the judge had allowed that, taken me any longer?

 

I am so tempted to write a scathing letter to the judge BUT i know i must be patient...

[Parkvale]

Its slow and painful, but your so very close.

[abo999]

Josa

 

I got one of those letters; Cobbetts will file at the very last minute:

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/68375-abo-nat-west-2.html

[progenic7]

jos

 

i must admit i feel for you mate, when you see so many cases just breeze by, and then you get the odd one (like yours) that just drags on

 

hang in there and dont send any scathing letter to the judge will ya lol

 

 

johnny

[Josamolly]

Of course not Johnny ... well, not yet anyway!!!!

[Parkvale]

Josamolly,

Your patience is being stretched to the limit . Hang on in their .It will all be worth it in the end.. It is now 11weeks since the court received my AQ. Without this site and all the encouragement and support. I think i would have lost my cool ages ago. So i fully understand your frustration with the courts. They just don't seem to have any co-ordination from one court to another. It seems to be the luck of the draw in whatever court you are allocated. Good luck.

[progenic7]

Jos,

 

forgive my ignorance but i forget now how long the defence have taken the p*** for, i think its quite a while isnt it ?

personally like i said before i would of applied for a strike out, as if the defence had then applied for a set aside...for what purpose ? i cant see they would have done this as it would have been totally foolish.

The judge does has to give them an oppertunity to provide any papers necessary, although CPR rules are simple and straight forward, abide by them or risk losing !

I think maybe writing a letter to the judge wouldnt be such a bad idea (though dont scathe him directly atleast ) but perhaps show your full and explicit understanding of CPR, and your severe disapointment at the fact CPR has been fully ignored in your case. Perhaps it would be pertinent to ask why he though it necessary to dis-apply the rules, and if the boot had been on the other foot would he have done the same. (ok this is starting to sound slightly scathing..lol)

 

just a thought and IMHO

 

johnny

[Josamolly]

Thanks guys...

 

Right, here is todays update.. 2 letters to sign for....

 

Letter 1.. the AQ...

 

A. Settlement....NO

B. Location....NO

D. Track... FAST TRACK..???

E. 3 Hours

F. Directions...NO

G.Costs to date...£300

Overall Costs estimate.... Nothing completed

 

In the section for 'any other information you consider will help the judge to manage the claim'.....

 

The Defendent views the claim to be settled and the defendent expects the claimant to be writing to the Court with a otice of discontinuance...

 

And this is why... here is letter 2....

 

i won't type it all out but basically..

 

'our client is prepared to make an additional goodwill payment of £508. Please find enclosed a settlement cheque for £158.

This payment is in respect of interest on your account when you have exceeded your OD facility as detailed in your statements. (I never claimed any of this interest in my claim, but i did mention it in a later letter that i sent when trying to settle with Cobbets). We confirm that our client is raising a further cheque for £350 in respect of court costs.

 

We reiterate the points in our previous letter that payment does not inc an amount for contractual int on charges at a rate of 29.65% (i actually claimed 29.5%). Our client views this matter as cincluded and awaits a Notice of Disc. If you fail to provide us with a completed NoD we will apply to the court for an order that the remainder of the claim be dismissed. Furthermore we reserve the right to refer to this letter on the issue of costs'...

 

So, something else to get my teeth into..

 

remember, they paid me half of the claim, plus todays little bit that i hadn't even claimed for!!

[progenic7]

Jos,

 

sorry mate im now confused. Have you accepted a aprtial payment back then ? if so was it the "charges" part of the claim on its own ? therefore leaving the CI to be argued on its own ?

 

Whats the total amount again (sorry for severe memory problems.alcohol has taken its toll this weekend ), im wondering why allocation has been fast track ?

 

I think it may prove prudent not to accept any further monies at this stage.( certainly if its only leaving the CI on its own !) BTW for clarity how much of the "charges" are still owed to you ?

 

regards

 

johnny

[Micky the Hippo]

marvellous and instructive thread

 

I know diddle but play the cards and don't budge, whatever happens, the one thing they don't want is to actually go to court, look at how the give ground every time you hold your nerve

 

it's an important point to clarify isn't it? whether he early partial settlement constituted the core charges? I thought that wasn't addressed at the time

 

Easy for me to say but do the forms and letters and so on and wait for them to cave

 

Be strong fella

 

[Micky the Hippo]

 

why has this thread seemingly suddenly stopped?

[Trish76]

Hi J !!

Whats the news?? Have you had your money yet?

Aint heard from you in ages.Hope your ok .Let us know how your doing!!

All the best

T xx

[fendyweather]

Yeah Im intrigued by this one too. Have been following it avidly. Anything yet ????? The suspense is killing me.

 

Fendy xxx

[thereshope!]

Jos ?

Have you gone on your jollies with all your lolly:D

 

Just wondering as you havent posted for a while ?

 

Hope xx

[Josamolly]

Still waiting for a court date.. and the costs cheque... and i still have the confidentiality clause attached so am quite happy to go to court...

 

Jos

[photoman]

jos

Maybe just being lazy.... but your thread is rather long now !!

I'm sure lots of others are wondering the same question anyhow?

 

Could you please explain what the Confidentiality clause entails, and how it works to your advantage ?

Thanks

[Josamolly]

The confidentiality clause basically tell me to keep the whole thing quiet.. bit late now tho don't you think!!!!

 

To me, they are asking for something that is totally unacceptable.. Who the hell do they think they are!!!! Me keeping quiet about THEM paying me MY money back...

 

So as far as i am concerned i think that a judge will also find this unacceptable and therefore i have something other than CI to go to court on.

[photoman]

Thanks.

 

Got you now.

[Micky the Hippo]

I haven't got it

 

What have the paid to you? Your basic charges plus interest?

 

But none of the CI element?

[Micky the Hippo]

come on jos, freshen it up

 

how it's going, how you feeling?

[steven4064]

Sorry - duplicate post (and I've edited the wrong one. Doh!)