Northern Rock ** WON **

[N#1N#2]

Coppertop

 

don't worry I an ahead of you and had the same responses, filled in the MCOL claimed judgement by default, then set aside now sent in my AQ, waiting for the courts to come back to me hopefully on monday.

 

then wait the next steps, so not too far away i hope

[N#1N#2]

rscottw

 

How far did you get down the road before you got your money back.

 

I sent my AQ off some two weeks ago and still waiting??

[rscottw]

they sent me a chq 2 days before mcol 28 day deadline no aq full settlement

[coppertop]

Northern Rock's 14 day deadline is up so have submitted the MCOL tonight. It's a waiting game now!!!!!!!!!!!

[coppertop]

Just checked the Moneyclaim website, and found this message on my file. Just wondering, is this the normal thing you get - haven't heard anything in the post yet?

 

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.

You would think I was claiming millions - it's a grand total of £440 including court costs.

 

 

[coppertop]

The court papers have now been transferred to my local county court. Northern Rock are saying that I have failed to particularise my alleged loss either adequately or at all, and they reserve the right to apply to the court to strike out the particulars of the claim. It says I am required to particularise the charges allegedly debited by the defendant (they already have a spreadsheet and I have sent one to the courts). Also they want to know how I consider the charges for services made by the defendant to be unlawful. This is all on the papers sent by the courts.

 

Anyone have any ideas/suggestions/help?

[coppertop]

Update!!!!!!!!!

Letter from NR requesting further information (part 18 of the civil procedure rules). Quite honestly, aint got a clue what they are on about. When I submitted the MCOL I sent a further copy of the charges to NR at the same time as I sent one to the court, but unfortunately didn't send the rec delivery. After all, they already have at least 2 copies that I sent them.

 

Any ideas of what I'm supposed to say to them - within the 14 days deadline?

[coppertop]

PLEASE HELP!!!!!!!!!

I have searched the site, but still struggling to see how to reply to the bank on my previous message. I have seen something on the following site, and was wondering if I'm on the right track.

 

CASE SUMMARY

(The case summary should include a chronological list of events (ie letters sent & received etc, date of claim, amendments etc - excluding without prejudice).

[alanfromderby]

Okay - no worries, this is sheer intimidation. My advice, based on no legal training whatsoever, is as follows:

 

I have just checked in Litigation and your claim is around £300-£400, which is well below the Small Claims track limit. In Small Claims Track, Part 18 does not apply. I would therefore reply in the following terms, but in your own words:

 

a) You have no intention of responding to their Part 18 request.

b) As they are fully aware that under CPR 27.2(1), Part 18 does not apply to Small Claims track, you consider their request to be intimidatory, and it will be brought to the attention of the judge should the matter go to trial.

c) You understand that the FSA are investigating the tactics being used by Banks to intimidate customers who seek to reclaim unlawful charges - therefore you intend to bring this Part 18 request to their attention.

d) You have already provided them, and the court, with a detailed breakdown of the charges concerned - and they are fully aware of the legal arguments in relation to the claim.

 

However, I would enclose another copy of the spreadsheet.

 

That should cause them some discomfort.

[coppertop]

Thanks for the rapid response alanfromderby, I'll get that sorted today and posted off recorded delivery tomorrow. I just needed a some guidance. Cheers again.

[flam147]

i put in a CCA request on the 2/4/07 to northern rock requesting the origional credit aggreement and the origional default notice and any dead of assignment

i have only recieved the default notice dated 06 september 2005:( but it was not signed

i telephoned them saying i thought it had to be signed ie a copy of the origional (it has a cover letter stapled to it claiming to be the origional)

so they sent me a copy signed p.p by someone else so i telephoned again and was passed on to a manager

so the manager sent me an unsigned staped CERTIFIED COPY OF ORIGIONAL signed by him.

HOWEVER THIS IS DATED 6th SEPTEMBER 2005:? how can this be

i suspect forgery :) i now think i stand a good chance of getting the default removed.

[coppertop]

I've decided flam147 that Northern Rock are definitely suspect!!!!!!!!!! If/when I win my case I might have great delight of closing my account, well, I may as well get in there before they do. Good luck with your case.

[delta666]

hi i am in the same situation as you with northern rock and the letter ive got back is basically the charges applied to my current account do not represent any form of damages for breach of contract.they are simply the agreed charges for the service provided and they have acted entirely within the terms and conditions and as a result will not be refunding me any charges. I have asked for all the charges you have asked for can you help me on what to do please.

[flam147]

i would claim for the charges back following the procidures listed on this site good luck with your claim take them to court or the banking ombusmen (they will be charged £400)

[coppertop]

Hi delta666, I've now received my court date - 10th July but I need to reply to the court within 07 days, answered paragraph 4 of the defence by giving further information.

 

In relation to each of the said charges, particularise which term or terms of the current account terms and conditions, agreed by the claimant (or other contractual document) is said to be unenforceable.

 

Northern Rock are pushing all the way, but I've gone too far now to pack in. It means I'm in for a sleepless weekend until I get a reply sorted. ANY HELP FROM ANYONE WOULD BE GRATELY APPRECIATED.

[coppertop]

Got a 'lovely' letter from Sarah Caldwell, the infamous legal assistant of Northern Rock, advising that as I have not given a sufficient answer to paragraph 4 she wants to exercise its case management powers and strike out the case. God, does this person want blood? I have given all the information I can but she wants more!!!!!!!! When it goes to court I hope that she is not there - I've decided I don't really like her - and I haven't even met her. Roll on 10th July.

[noomill060]

BBC NEWS | Business | Judge warns 'unreasonable' banks

 

 

 

[noomill060]

coppertop- you may find the above article interesting....

[pf149]

I got a response within 10 days but a bit nasty, what do I do now?

[coppertop]

Stick to your guns pf149. There are times I nearly gave up these last few months due to the letters that Northern Rock sent. However, I stuck in and today we have come to an agreement. They offered £200 (was claiming £440) but I spoke to them today and they agreed £350. Means that I don't need to go to court

[coppertop]

*********** SUCCESS **************

 

Cheque received today so once cleared a donation will be sent - great week, that's money from Northern Rock and Capital 1.

[pf149]

What letter did you receive after you sent the LBA?

Mine was kind of 'you haven't detailed enough what you are trying to do and why you are doing it', and quite frankly, I don't really know. I thought it would be simpler. I could always set up a small claim but if I threaten to take court action and it goes to court I will look stupid because I have no argument. ie I don't know the law etc.

What shall I do?

I can post both my letters on this thread for you to read if you like and maybe you or someone else could help me.

[coppertop]

Hi pf149. You probably got the same letters as I did, but they are only trying to scare you off. They seem so intimidating, but don't give up. I thought that once I'd sent it to court that I'd get an offer. I was 2 days away from taking the court bundle to the courts as the court date was 10 July. When I did get an offer it was only for half of the amount. I actually rang them and came to an agreement over the telephone. The cheque was with me within 2 days. I was terrified about going to court as I don't know anything about law. If you want to post the letter on this thread I'll see what advise I can offer. Keep your chin up and don't give up - you'll win in the end.

[pf149]

How do I upload my letters onto this thread?

I have typed them into a word document but can't copy & paste.

[coppertop]

If you just type up the relevant parts onto the thread I'll see what I can suggest. The letters are most likely to be identical to the ones I received.