no defence from natwest do i ask for judgment??

[emme]

Hi everyone!!!

 

I submitted my claim which was aknowledged, the 28 days are up, with no defence from Natwest, do i ask for a judgement ? I submitted my claim on MCOL , any ideas anyone!

 

thanks guys, this forum is so supportive!!

 

emme

[fendyweather]

When was your claim deemed as served on the defendant ?? What date exactly ??

[ladybird17]

when were the 28 days up emme?

 

 

snap fendy!

[hagenuk]

Read this first. Default judgment may not be the best course of action.

 

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

[Rooster-UK]

What date was the 28 days up? Remember that the 28 days runs from the date the claim is served on the bank, not the date that you started the action.

Also, it is usually taken as 28days+1

[fendyweather]

And remember, you also have to add in the two extra days for the bank holidays weve just had, i.e. good friday and easter monday...........

[emme]

Hi guys, the actual 28 days are up on monday so if its plus one then its tuesday, but on the paper work it does not say 28 days except bank holidays or anything so i have included them.

 

do i have to include the bank holidays then? ill have to call the court to check, so in that case it would be thursday ! either way i have no defence from natwest,

 

should i just call the court on that day then? because MCOL does not have an option for no defence under aknowlogment!

 

i know i could get a defence in the mean time, but i want to be quick with it if they dont submit one.

 

thanks guys!

[hagenuk]

Have you bothered to read the link in post #4?

 

If you think that you can win by being "quick with it" then you are mistaken. Read that link, it explains the options and the possible consequences of trying to be "quick."

[emme]

Have you bothered to read the link in post #4?

 

If you think that you can win by being "quick with it" then you are mistaken. Read that link, it explains the options and the possible consequences of trying to be "quick."

 

 

yeah im reading it now, not a question of bothering or not did you understand what i wrote or not? this is an information website please dont bother replying with bitchy comments like this.

[fendyweather]

Hi Emme, calm down......... Peeps on here just want to help, but I think you are panicking a bit. Thats the last thing you should do. Dont panic, thats what Cobblers want you to do. At the moment, the way it stands, you also have to add an extra day for the bank hols Friday,, so if thursday is the last day for defence, cross that bridge when you get to it. Personally I think you will receive a defence on Tuesday, wed or thurs, My deadline was up this tuesday coming and i received defence yesterday, saturday. They are notorious for it, Cobblers always get defence in at very very last minute.......... and even if they dont, and you go for judgement, the way its going with courts at the moment is, you will end up with a set aside judgement and the court will allow cobblers longer to submit defence, so its entirely up to you my friend, but personally I wouldnt rush to judgement because you might end up with a set aside or even worse a stay, and then it drags on for even longer. I would leave it till friday this next week then look at your options again. In the meantime, read read read read read and read a bit more on this site about similar people in similar situations............. the end game is this. You will win, but you have to be prepared to give it time.................... you cant rush into this. You have to plot and plan and play the game with Cobblers. Please dont think were trying to dissuade you from any court of action you have decided upon, but if it was me, I would give them even longer, i.e. till middle of week after, i.e. 16th - 18th before notifying the court you havent received defence and then going for judgement........ I am pretty certain that defence will arrive in that space of time. Pop back if you need further help but please be careful about what you read into peeps comments, Hagenuk is a very very very experienced member and knows an awful lot, and I dont think any malice was intended in the response, just basically help. I cant emphasise enough how important it is to read the FAQ's and any threads at all you can get your hands on where people have ended up in similar situations. Play careful, play the long game, and accept help from those more knowledgeable than you on this sort of thing, and believe me Hagenuk is very knowledgeable on all this............. and I think you perhaps took the comment the wrong way. Just slow down and dont panic. Thats the last thing you need to do.......... All will be fine, just slow down and take it all in.

 

Fendy xxxxxxxxxxxxxxxxxxxxx

[emme]

thanks fendy, its just everyone seems to be getting defences! i want to go down that road because its the one i have gotten to know! thank you for your kind words

 

emme

[fendyweather]

No problem emme. Were all behind you. Honestly.......... but be patient, just a few days longer............... It will arrive, Im sure of it.......... Lol I know it all seems rather daunting, but you are so nearly home and dry. Not long to go.... Just hang in there......... and you will get what is yours back..... And pop in here from time to time for a quick blast of encouragement and you will get through it............ its ok to feel a bit jittery and panicky, but dont show that side to the Cobblers, dont let em think theyve give you the wobblers, Lol. Fendy xxxx It will be fine. Honestly............. Nobody on here has lost yet. Only 1, Henry, back in early days, so dont panic. It will be fine................. All the best, and keep popping back if you need to for help on next thing. Come back when defence pops on your mat this week. Im sure it will. Fendy xxxx

[emme]

thanks again fendy!

 

I actually got the defence this morning from the Cobbets, seems to be alone the same lines as what everyone else gets ,

 

I got a CPR part 18 request, i see that this letter as a responce to it

http://www.consumeractiongroup.co.uk/forum/natwest-bank/55874-letter-court-re-cpr18.html

 

do i send this to the court and the cobbets then? i know i have to respond before a certin date, does this letter count as the responce? i have not had an allocation Questionair so it goes back to northampton right?

 

I just want to make sure ive got the right details and things thanks again for your help!

 

emme

[hedgey06]

Hi Emme......... not sure if anybody with the court experience is around at the moment, but someone should be along soon. In the meantime, have a look through this thread (after step 7 I think but not too sure), it might give you a bit of help till a 'court' bod comes along!

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

 

Good luck - hedgey xxx:razz:

[emme]

thank you!!!

[fendyweather]

Hi emme,

 

You dont have to respond with CPR Part 18 unless the courts ask for it, and it really depends on how much your claim is for.

 

How much is the claim, just charges alone ? and with 8% added ?

 

You only need to submit CPR 18 if courts ask for it, not Cobbetts. And if you claim is under 5K, they wont be required at all. Just hang fire and see what comes from the courts this week. You only do things that court requests, not Cobbetts........... Did you get post this morning ??? We didnt have any. ???

 

Fendy xxxx

[emme]

Hi fendy,

the claim is for £1198.00 in total with 8% and £120 court fees, the charges alone are £980

 

I have not recived anything from the court just the cobbetts this morning, Ive been following your case ( huge thread!) i love your enthusiasum for this its a real help and your a star! you should be a solicitor!!!

 

so i only need reply to anything from the court, is it worth contacting natwest again? i called them the other day and no one would talk with me about it,

 

emme

[fendyweather]

To be totally and utterly honest with you Emme, they bank themselves seem utterly disinterested in dealing with us claimants once weve filed at court. They are banking (sorry no pun intended) on most of us becoming so intimidated by the process and the prospect of having so much paperwork to complete that we will drop of the claims process. Well not this girl............................ You are made of stronger stuff than you give yourself credit for. You can do this, you absolutely can. Its easy..................... if you get stuck anywhere along the way, even if its to ask what seems like a stupid question to anybody else, dont be afraid to ask. Just come on here, make a post, and everybody and anybody will want to help. Were all in this together and all rooting for each other successes. Its entirely up to you, but at this stage now, I PERSONALLY WOULDNT DEAL WITH THE BANK AT ALL FROM HEREONIN. Just the courts. Do nothing now until you hear from the court with the copy of defence, and AQ. If they ask for CPR 18, then just use the thread above at the top of the Natwest Forum to let them know you dont feel CPR 18 is necessary as its small claims and below 5K. And if in any doubt at all, and you need an instant answer and nobody is around on CAG forum here, then ring the courts offices. The staff there are usually immensely helpful, BUSY BUT HELPFUL. I have phoned mine a couple of times about dates, etc. and they couldnt do enough for me. They were brilliant. So just hang in there, much of this processs is a waiting game. waiting waiting waiting. You learn to get good at it. Dont rush the process along. I know its tempting but with every attempt at phoning bank or cobblers, they feel weakness on your part. So dont do it would be my advice. Just do everything through the proper channels and wait it out......... YOU ABSOLUTELY WILL WIN, YOU WILL, YOU JUST HAVE TO PLAY THE WAITING GAME. And if any mention of court or phone conferences comes up dont panic. It will be fine................ it mostly never gets to that, and even if it does, its nothing to panic about................... Its all manageable. Please please stay strong. YOU CAN DO THIS, YOU CAN.

 

All the best............ Fendy xxxxx

[emme]

hi again

 

 

still have not recived AQ from court, checked with them and MCOL, Natwest has not sent the defence to the court only to me. so i could ask for an automatic judgment, though im going to give them a ring in a minute to try and sort this out now. if not sent them a letter. the 28 days was up last week thursday. ( including bank holidays!)

 

i also got a letter saying that they are closing my current account and demanding i pay back all my overdraft in one go or they will take me to court.

 

in one of my letters i asked them to freese assets on my account because every month i was getting about £100 worth of charges on my account which they havent done, and they are still charging me!

 

 

are natwest allowed to threaten me with this kind of legal action when they are aware of the activity on the account at the moment?

are they even allowed to close my account?

also with the letters i recived from the cobbetts with all the deadlines on it from them i only have to respond from letters from the court right?

 

 

thanks guys

 

emme:D

[pot plant]

Hi Emme, Good luck with your claim I was hoping for the same result and was counting the days but Natwest put in there defence on the 26th day. It does complicate matters as every case appears slightly different and the information available is limited. I will track your progress as we are both at the same stage. I am waiting for a reply to some questions I posted earlier. I may be able to help you as I am a couple of days in front of you but that is important when you get 14 day deadlines. Pot plant

[emme]

thank you, any help is needed in this corner! good luck!

 

emme x

[thereshope!]

Hi Emme,

I am also at more or less the same stage as you .NW have until 24th April to enter their defence and i've had zilch.

 

Frustrating isnt it !

[sproggit]

hi emme/thereshope - Cobbets have until 28 April to file defence on our case so i am just a few days later than you - will be following your thread with interest and taking notes:) good luck

[Parkvale]

One thing Cobblers are really good at is getting the defence in at the last possible moment. I am sure that they don't get paid if a case is defaulted. Through non submission of defence.

[emme]

yeah its strange though they sent the defence paperwork to me, but not to the court. Ive been though small claims before and you get a form back with a copy of the defence from the court with the allocation questionaire.

the status of my claim has not been defended or transfered to my local court and the time for them to get the defence in was up last week. and i never got an alloctaion questionaire!

 

its all very confusing i am still yet to ring them, its something i will do today. they have had another week to sort this out so may ask for automatic judgment.

 

ill keep u updated! lets hope they dont take it as far as a warrent of execution!