Willis vs Natwest NEW CLAIMANT

[hedgey06]

Hi again - if you did the 'hard copy' you need to print 3 copies and take it to your local county court along with three copies of your schedule of charges and the court fee (or the completed exemption form if you don't have to pay the fee).

 

If you've done it with MCOL, have another read through the links that I gave you as I'm not too sure on that process.

 

Good luck, hedgey xxx

[devilcouple69]

Since my last post, i have received a letter from Natwest offering to pay the full amount less interest.

 

I have not accepted there offer and have proceeded with court proceedings. J have filed my N1 form (Thanks Hedgey for the pointers).

 

I have received notification from the court that Natwest have filed a Defence and i have to return the Allocation Questionnaire. I need some pointers on how to fill the questionnaire in.

 

I know this is par for the course and there just trying anything to get me to stop me from claiming.

[hedgey06]

Looks like there's quite a few of us at more or less the same stage at the moment........... as Steven4064 commented.......... we have a convoy!!!

 

You could either:

a) complete the AQ and return to the court (copy for cobbetts and yourself)

b) turn up the heat a little and send them the draft order for directions along with a request to have the claim struck out as an abuse of process.

 

Let me know which way you want to go - I'll help you from there! x

[devilcouple69]

Thanks Hedgey. What does the second option achieve and why do it rather than completing the AQ form?

[hedgey06]

You still have to complete the AQ, but you attach the draft order plus other attachments. Basically, if the judge grants your draft order for directions, it would mean you'd have to have your court bundle ready to submit quite quickly. On the other hand, cobbetts would have to have everything ready also - and there's no way on earth that they're prepared to submit what's requested in the draft order. Subsequently, this should bring closure to your claim much more quickly than just sending back the AQ and waiting for further directions from the court. Many claimants are now proceeding with the draft order - myself included! Let me know if you'd like the info;)

[devilcouple69]

Cheers Hedgey, definitely sounds the way i want to go. If you could send me details that would be great. The other thing that concerns me is that when they sent the offer letter they said they'd credit my account, although my account is still active, i no longer bank with them as i entered into an IVA last year. Is there anyway i can stipulate that they have to pay me by cheque or pay into my new bank account.

[hedgey06]

With regards to the 'cheque' payment - this is a tricky one. Usually, the only time a cheque payment is issued (from what I've seen in the last few months) is when the account is closed or the claim's progressed almost to the wire. You may be luck - you're at AQ stage at the mo, and the closer you get to settlement, the more chance you have of getting a cheque. If you've got an outstanding debt with nat west though, you may find that they use part of your settlement to offset their debt with them. I honestly can't give you a 100% answer on this though.

 

With regards to the AQ and dract order for directions, you fill in the AQ but in Section G Other Information you write:

 

Please find the following documents attached to this allocation questionnaire:

 

1A) Section G - other information

1B) Sample List of Settled Cases

1C) Text of order made by Lincoln County Court

1D) Mullen -v- Hackney BC (1997) 2A11ER 906

2A) Draft Order fo Directions

 

This allocation questionnaire and its attachments were sent to the defendant on xxxxxxxxx 2007.

 

For attachment 1B), go into the Litigations Section (main forum page) and tick the boxes for claim number, bank (national westminster), sum claimed, date. You can also choose whether or not just to include concluded cases if you wish. Choose font size 8 to get the best printoff - then enter the details which open in a new window. Print these off as attachment 1B).

 

Attachment 2A) is here http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html and you might find the following useful Allocation Questionnaires - A guide to completion If you PM your email address, I'll email the additional attachments over to you! xx

[devilcouple69]

Hi Kim

 

Thanks again for your help.

 

I'm just filling in the AQ now. 1 further question, which i can't find answered.

 

In section H Other Information

 

Do you intend to make any applications in the immediate future? Do you answer Yes & Know

 

If yes, what for?

 

Thanks

 

Simon

[hedgey06]

Hi Simon, I've just sent you a PM!! But seeing as you're on thread now - I've had a look at my own AQ and I don't have this. Have you been sent the N149 or the N150???

[songbird]

This is what I have been looking for Hedgey as I have just reeived my AQ from Nat West. Can u send me the other details too?? I will PM my e mail address

 

Thanks

 

Songbird:)