k65 v Natwest Bank

[k65]

my court pack was filed on time, 1 week past the deadline still nothing from cobbetts, im a little worried about the pending test case, my case isnt until october.

[hedgey06]

Contact the court to see if they've received anything from cobbetts (I doubt they will have done!). Then consider sending this letter to the court Court Bundle - Non-Compliance Template If Bank Fails to Submit Bundle

http://www.consumeractiongroup.c o....tml#post485266

[k65]

update

recieved no defence from cobbetts

 

 

recieved 1 letter from robinson way and 6 phonecalls chasing me for the money still showing on the natwest account (dontcha just love em)

 

i am now going to write to the court asking for defence to be struck out

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-directions-non-compliance-letters-3.html

 

i will also write to manchester oft and make a formal complaint against robinson way for harrassment.

i welcome any other suggestions please

 

regards les

[k65]

sent letter to court asking to make an order pursuant to Rule 3.4(2)© of the Civil Procedure Rules, or other such order as the court deems just because cobbets failed to file defence.even though i managed to send mine, court recieved letter on august 28th.

today is 21 days before hearing and i was going to prepare letter to the court as court ordered

Defendants do file at court and serve upon the Claimant skeleton legal arguments at least 21 days before the hearing and in default of so doing , the Defence be struck out and the Claimant be at liberty to enter judgment for the amount claimed plus any interest pleaded and costs and they have failed.

instead they have sent me a copy of a letter to the judge requesting stay dated 11th sept 1 day before deadline.

although i have their offer of settlement to fall back on i have to accept the conditions of the offer and lose 50% of the settlement to repay the overdraft plus lose all interest and costs (about £3000.00)

so i am going to prepare paperwork to lift stay (i know i have not recieved anything from the court saying its going to be stayed ) i might as well be prepared.

if they stay the case, my situation is such, that i cannot afford to wait until the test case and will be forced to accept their offer.

[k65]

i want to apply for judgment as cobbets failed to file defence and failed to file legal arguement as they are in defualt for not doing so, i want to as for judgement but i dont know how/where any help please.

[hedgey06]

Hi k65,

 

Phone the court tomorrow morning - explain you'd like to file for judgement due to non-compliance (e.g., no defence/court bundle even when ordered to do so by the court etc).

 

They'll more than likely advise you to file using form N205A (Notice of Issue - sent to you when you filed your claim at court). If this is the case, complete the form and take it into the court to request judgement in your case. However, they may not grant judgement so close to the final hearing date - definitely worth a try though!

 

Best of luck x

[k65]

I telephoned the court and after giving my name and case number the lady said i could file for judgment, so tomorrow i will fax the form to the court and send a hard copy by mail.

[k65]

ok faxed form to the court for judgment, fingers are crossed, butterflies in stomach are going mad, and now the wait begins.

[hedgey06]

Best of luck k65 - I hope everything goes smoothly for you.

 

Just in case Judgement is awarded in your favour, have a read through this link so that you understand the process http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

 

Hopefully, everything will go smoothly though.

[k65]

ok i have recieved the following today.

 

take notice that the defendants application will take place on 5th december 2007 at 12.30. (my case is on 4th october)

when i should attend, 30 minutes has been allowed for the defendants application.

the hearing of this case will take place by way of a telephone conference

time estimates for hearings must be accurate under hmcs guidlines total time allocated is 15 minutes this equates to 5 minutes preperation time for the dj and 10 minutes for the telephone hearing.

then in a seperate envelope i recieved from the court

take notice that the hearing will take place on 28th september at 12.15

when you should attend.

15 minutes has been allowed for the hearing.

 

now i need to prepare documents why i feel the application should be denied. anyone know of any templates already written that would give me direction please

[k65]

Some one have a look and let me know what you think

 

Dear Sir/Madam

 

Hearing date: 28th September

2007

 

I understand that Cobbets Solicitors, on behalf of their client National Westminster Bank plc, are requesting an order to stay my action, until resolution of the bank's proceedings with the Office of Fair Trading. I respectfully request that any such request for a stay be denied. In addition to requesting a stay, the Bank appears to have failed to submit the required paperwork as directed by the Court.

 

The claimant relies on the following grounds.

1. Object to the defendants conduct

 

 

a. Defendant has breached the directions order to supply a defence

by the 20th July 2007

b. Defendant has failed to supply skeletal legal argument by 12th September 2007

As the court is probably aware this conduct is not confined to this case but is followed without exception in hundreds of similar claims involving the same Defendant.

 

With greatest respect it seems the defendant does not think the CPR or any court orders apply to them.

In view of the above I would ask the court to consider striking out the defence under CPR 3.4 (2) © on the basis that the Defendant has breached Civil Procedure rules and a court order, or under CPR 3.4 (2) (b) on the basis that the Defence is an abuse of process.

2. The amount of money involved

 

This is a very large sum for me but a negligible sum for the Defendant.

It is of no consequence to the Bank that I may be deprived of an opportunity to resolve my dispute for possibly a further year, as they already have my money and in any event they are under no financial pressure to resolve the case fairly and speedily.

I on the other hand I am extremely anxious to have my case determined as speedily as fairness permits and the comparatively low amount of money involved, so far as the Bank is concerned, does not warrant the resolution of the dispute being delayed further.

 

3. The importance of the case

 

My case is very important to me, though given the commercial strength and power of the Bank, of relatively little importance to them.

With billions of ponds profit made each year the amount of my claim is nothing to the defendant, but to me means, I will no longer have a suspended possession order hanging over my head, and I will be able to provide for my family without constant money worries.

Nor can the Banks fairly argue that all of a sudden the principles as a whole are important to them so that all claims against them must be stayed, as they seek to do in the OFT case.

This is not an argument which lies with them to make, given their approach to cases like mine. The Banks’ strategy to litigation of this kind is almost without exception, to put in a defence and settle shortly before the trial.

It is very rare when the Banks bother to argue any defence (as we have seen in this case). In other words, they treat cases like mine as another commercial decision. They have never sought to see a case through, take it to appeal if necessary and seek to establish certainty over the principles they assert are so crucial now, they necessitate a stay of all claims.

I am told and believe that not one case out of the 100 given in evidence today has been taken to trial. The Bank has always settled. If these issues were so critical to them they were at liberty to see their arguments through in a case, take it to appeal and seek certainty on the issues in an appellate court in the normal way. Only now do they seek to do so, but in a way which involves the suspension of all the hundreds of cases against them.

4. The OFT Test case

There now appears to be some doubt that the oft test case will go ahead at all.

However, if and when the case goes ahead, the judge will not be asked to rule on whether bank charges are legal or fair.

 

Instead the judge will have to decide whether the Unfair Terms in Consumer Contract Regulations apply to them.

The OFT believes typical bank overdraft fees come under these regulations, that they are unfair and that it (OFT) therefore has the power to order changes.

The banks argue that the charges are a core feature of their current account business and so they are not covered by the regulations, they are fair and that the OFT has no powers in the matter.

If this test case does go ahead, and if the High Court ruled for banks, in that it is not for the OFT to set a fair level, then the entire episode would have turned into a non-event. The judge will not decide on a fair level because the plaintiff does not ask the court for such a decision. In this particular scenario those whose hearings have been stayed would have been delayed for nothing

The Oft and the Fsa only agreed to the waiver providing Banks/building societies will have to comply with a number of conditions set out by the FSA in the waiver, including.

Banks and building societies will have to conduct a filtering process to ensure that cases of genuine hardship are still dealt with during the waiver period.

I believe my claim should continue on the grounds of financial hardship, if at this late stage (nearly 5 months into the claim) despite ignoring the court, the defendant is successful in its application for a stay, I will appeal on these grounds and provide evidence to support.

At least 100 claims have been brought against the defendant this year involving similar issues. This is evidenced by a sample list of settled claims, which is attached. Despite flatly denying its customers complaint in the preliminary stages

then subsequently always indicating an intention to defend, then filing a defence, then an allocation questionnaire, then breaching any directions, the defendant has compromised each and every such claim in advance of the hearing, usually following unnecessary and protracted litigation. The defendant purports to settle these claims without liability for ‘costs’ or ‘commercial’ reasons, yet for example on many occasions previously, as the court may already be aware, it has gone to the expense of setting aside default judgments only to settle the claim shortly after.

The defendant continues to spuriously defend claims only to subsequently settle them, flagrantly breaching multiple court orders and provisions of the CPR as it does so. Many County Courts now consider the litigation tactics employed by banks in these cases as an abuse of court process and are regularly striking out their defences as a result.

 

Therefore I submit that to stay this claim at this late stage is wholly unjust and would have the obvious effect of favouring a defendant notorious for its wilful refusal to comply with court orders and the litigation process in general.

I, the Claimant and applicant, believe all facts stated to be true.

Signed

dated

[k65]

Bump

[steven4064]

Looks OK to me - all the main points covered

[k65]

I have accepted nat wests offer of settlement as my circumstance dictates.

but i believe they are paying me without taking the balance on the account off before payment £2400.00 od

(the balance is made up of 100% charges)

if they do pay all the money to me, am i still liable for the bank charges or would full and final settlement apply to both parties.

thanks

[steven4064]

I have accepted nat wests offer of settlement as my circumstance dictatesam i still liable for the bank charges or would full and final settlement apply to both parties.

You would think. Unfortunately not, unless of course, the agreement you make with them specifically says they will not add any more charges.