welsh girl v NatWest claim 1 **WON**

[welsh girl]

please please HELP!!! about to cry! received "notice of transfer of proceedings" the filing of the A.Q. has been dispensed with unless the district judge at the court of transfer orders otherwise. With this i have received a second copy of the defence entered by cobbetts along with a "request for further info and clarification" the request is served persuant to CPR part 18 alternatively with regard to CPR rule 27.2(3) I am asked to provide a response in accordance with CPR 18 by 23 july 2007!! HELP what do i need to do?? iI have already included the info thay are requesting in previous leters requesting my money back, although i did not list what each charge was for,only charge value/date/interest/total which i did for each year i was claiming from 19/01/2001 to29/04/2006. Thay are also asking me to" Specify all of the facts relied on by the claimant in support of the contentions in paragraph 3 ("an unfair penalty under the unfair terms in consumer contracts regulations1999"),and in particular please identify the regulations of the unfair terms in consumer contract regulatios 1999 relied upon by the claimant in alleging that the contractual provision(s) referred to are unenforceable." can anyone please tell me what i should do!! sorry to be so long winded but i needed to get all thefacts to you good people! In anticipation of your response, clutching a box of hankies!!! Welsh Girl :confused:

[steven4064]

Hi Weslh girl

 

Welcome to the NatWest forum where you will find all the help you need.

 

First things first - Don't Panic (and don't cry)

 

What you have received is perfectly standard stuff. You do not need to respond to Cobbetts CPR 18 request (which they know full well - they are only doing it to intimidate you). You should send them a copy of your schedule (NatWest won't have sent them one), copied to the court where the case has been transferred (wher is that by the way?)

 

MCOL has dispensed wit the AQ and it may be that your local court does to. Wait until you hear from them and, if they have dispensed with the AQ too, then write to the court like this: http://www.consumeractiongroup.co.uk/forum/show-post/post-711002.html.

 

Keep us posted on what happens - there is always someone here to help

[welsh girl]

Thank you so much Steven for replying so quickly,i have now steped away from the box of tissues ha!ha! Could you posibly supply me with a template letter of resonse to "cobblers" and also what i should write to the court please which by the way is in Welshpool Mid Wales,i have come this far and would hate to jeopardise my chanses now. By the way" Nasty west" have made me an offer on 20/6/07 for all my charges £1,137.00 but without interest and court fees, i have not responded yet,what should i write as i intend to hold out for the full amount of £1,603.99 which was issued through MCOL on 6/6/07.Thank you so much Welsh Girl:)

[steven4064]

Welsh girl

 

You will find a template letter for Cobbetts regarding their CPR 18 request here: http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html

 

You should write to NatWest (if you haven't already) and accept their offer as a partial settlement only and state that you intend to pursue the claim for interest and court costs.

[welsh girl]

Thanks again, is there a template letter for accepting a partial offer as im sure i need to state that it is" without prejudice" do i send all copies of correspondance to the county court? I'm so sorry to be such a nusance but i'm getting so nervous and do'nt really want to go to court!!!!!

[steven4064]

Send a copy of the the CPR letter to the court. You don't need to send the rejection letter - they will get that in your court bundle (if you ever need to produce one).

 

I don't think you need 'without prejudice' - just write a simple letter such as

Dear Sirs

 

Thank you for your offer of £xxx in respect of repayment of charges on my account. I will accept the sum offered only as a partial settlement and on the clear understanding that I will pursue recovery of the remainder of my claim, namely £xxxx interest plus court costs.

 

Your sincerely

 

welsh girl

[welsh girl]

hi all, would like someones advice on my husbands claim please,issued a claim on mcol on 22/6/07 and acording to mcol it was defended on the same date how can this be????? but we have heard nothing since. No defence received from Cobbetts or notification from Northampton so could someone enlighten me on what i should do please. I received mine and am at the stage of replying to CPR18. Thanks in advance, Welsh Girl :confused:

[hedgey06]

Phone Northampton in the morning and ask for the status on your husband's claim - they should be able to tell you whether nat west have submitted a defence. If they haven't, they'll also be able to advise you on whether you should apply for judgement.

[welsh girl]

hey hedgey, thanks so much will do that lets hope i can apply for judgement!!! been reading your posts with interest thanks for the latest very useful your a "STAR" and V funny, will keep you all posted!!! (perhaps thay do'nt know where mid wales is )W.G.

[welsh girl]

just thought i'd let you know hedgey my hubby's from manchester!

[hedgey06]

just thought i'd let you know hedgey my hubby's from manchester!

 

Ahhhhhh........... he must be ace then!!! xx

[welsh girl]

Thanks Steven for all your advice, i've been reading all your posts with interest hope i can follow it all, let's hope NatWest will pay up full amount soon?? will keep you informed W.G.

[welsh girl]

well rang Northampton this a.m. informed me that a defence had been submitted on 26/6/07 and it had been sent out,told them we hadnt received so there sending out another, should receive it by wed at latest. we havent received anything from Cobbetts though, what should i do, should i ring them??????? can anyone advise please,as it seems to me thay've had extra time!!!! thanks W.G. :confused:

[steven4064]

Cobbetts normally send you a copy of their defence and they do seem to get away with taking extra time (and nobody stops them!).

 

The next stage is that your claim will be transferred to your local court. You need do nothing until you hear from them. You will find Cobbetts defence a bit difficult - they will no doubt say they are 'embarrassed' because they haven't a clue what you are going on about, that you are taking their client to court who has never done anything wrong and they don't know why, boo hoo.

 

You should ignore it except for sending them a copy of your schedule with a brief covering letter (Dear Cobbetts, for you information, yours WG).

 

Keep us posted, wait until you hear fromn the local court and we'll take it from there.

[welsh girl]

hi steven thanks again for advice, what would we do without you??? i dread to think speaking for myself of course !!! will keep on waitingggg then. Going to begin claim against Natwest on behalf of my daughter now,as you've all given me the confidence to take on "the big guns" yahhhh look out Natwest!!!!!!!!! speak soon W.G.

[steven4064]

Hi Wg

 

I'm sure if they follow these threads they will be quaking in their boots!!

[welsh girl]

Lets hope, we know thay read them, funny how thay havent learnt by now "THAY HAVENT GOT A HOPE IN HELL!!!!" Power to the people and all that W.G.

[steven4064]

You'd think, wouldn't you

[welsh girl]

hay everybody,i cant contain myself any longer ,had to tell you now before i go mad i received a cheque this A.M. for£1,026.79p in respect of the claim i did for my hubby, THE FULL AMOUNT!!!!! I cant belive i've done something right at last!!! but couldnt have done without all your help CAG!!! thank you so much. wish my claim would settle did mine before his grrrrrrrrr!!!!!!!! W.G.

[steven4064]

WG

 

Let me be the first to say

 

CONGRATULATIONS!

 

(What do you mean about doing something right at last?)

[hedgey06]

CONGRATULATIONS!!!!

Great result welshgirl................ enjoy your winnings!!

Best wishes, hedgey xxx :D

[welsh girl]

hi all, need advice A.S.A.P please as need to send off my CPR 18 today,ive recalculated my claim and there seems to be a variance of £22.85p??????????? used money expert calculator initially, then redid it on CAG'S site on spread sheet as didnt include decription of what charges were!! do i send the original or the new on?? as Cobbetts might question this, also the court, and one last thing please,is there a template to stop court action NatWest have now paid up on hubbys claim. Thanks for your patience W.G.

[steven4064]

Sorry if I'm being a bit thick here but why are yuou responding to a CPR 18 request when they have sent you a cheque as a final settlement?

[steven4064]

hi all, need advice A.S.A.P please as need to send off my CPR 18 today,ive recalculated my claim and there seems to be a variance of £22.85p??????????? used money expert calculator initially, then redid it on CAG'S site on spread sheet as didnt include decription of what charges were!! do i send the original or the new on?? as Cobbetts might question this, also the court, and one last thing please,is there a template to stop court action NatWest have now paid up on hubbys claim. Thanks for your patience W.G.

Just realise they are 2 different claims - ignore previous post.

 

Download notice of discontinuance form N279 from court service website

 

I would just tell them that you got a differnet answer this time by £22.85p and the amount you are claiming is now whatever. UNless it is £22.85 more - in which case saythe same but claim the old lower figure.

[welsh girl]

hi steven, that was my hubbys claim this one is mine and i claimed before him but he's had his money first!!!!! i'm the one who's thick i didnt make myself very clear sorry :o w.g