NatWest (merged)

Tozer

OK, putting my solicitors hat on:

1. No issue. They may threaten a summary dismissal of your claim but they won't do it.

2. Try on. However, I do think from a legal perspective, that the particulars of claim used on this website are a little on the "one size fits all".

3. I would suggest that you serve a Reply to Defence going into further details of what you are claiming.

4. No issue. Just reserving the right to revert back.

How much is your claim for? Did you set out full schedule of the claim in writing before issuing?

kazmac6774

3500, i set out full schedule when contacting bank, in early stages.
then went to next stage using pc and money claim

kazmac6774

how do i do stage 3

AliceBanned

Hope you don't mind me asking - what is "moneyclaim"? Unfortunately I don't have an answer to your question though!!

Tozer

Simply prepare a document (in the same format as their defence) but where it says "Defence" put "Reply to Defence". (I am assuming that they have adopted the normal method of County Court details in top left hand corner, claim number in top right, etc).

Then simply say

1.The Claimant acknowledges the request for further details made by the Defendants.

2. The Defendants are fully aware of the basis and detail of the claim as detailed in pre-litigation correspondence dated [ ], [ ] and [ ].

3. No reply is made to the Defendants comments in respect of summary action save only that a Defence is an inappropriate place to make such comments and that any such application would be resisted."

Then end it in the same way.

Tozer

In theory you could enforce judgement. However, the bank will now pay or apply to set aside judgment (unlikely).

I'm sure you will have lots of advice to "send in the bailiffs". Don't. this just complicates things enormously and will almost certainly lead to the bank closing your account and registering adverse credit rating against you.

The bank will pay up.

markymoomoo

Tozer wrote: »

In theory you could enforce judgement. However, the bank will now pay or apply to set aside judgment (unlikely).

I'm sure you will have lots of advice to "send in the bailiffs". Don't. this just complicates things enormously and will almost certainly lead to the bank closing your account and registering adverse credit rating against you.

The bank will pay up.

surely that is inaccurate, how can they register adverse credit rating against you when they were in default...?!?

michael1983l

Tozer wrote: »

In theory you could enforce judgement. However, the bank will now pay or apply to set aside judgment (unlikely).

I'm sure you will have lots of advice to "send in the bailiffs". Don't. this just complicates things enormously and will almost certainly lead to the bank closing your account and registering adverse credit rating against you.

The bank will pay up.

thats bollox the bank cannot register adverse credit against you for no reason, you actually have to default ect for them to do it. You sending in the bayliffs is not defaulting. If the bank get awkward with sending you the money speak to them, if they do not resolve the issue within a reasonable time then you send in the bayliffs thats what they are there for.

frizzielizzie

Congratz!! I'm waitin to hear back from them but when people win it gives me hope!! :beer:
:j ::T

Tozer

OK, first of all can we show a bit of politeness?

By applying default charges in the first place, you have defaulted under your agreement with the bank. The bank applies a charge by way of liquidated and ascertained damages for the breach.

Have a look at some of the posts on here - banks record if you have exceeded overdrafts, missed payments, etc. So it is not "bollox" but fact.

Sending in the bailiffs is totally unnecessary. The bank will not want an unsatisfied judgment recorded and will pay up. Why go the hard way when the easy way will work just as well????