Northern Rock - (merged)

Tozer

Chocmonster7 wrote: »

Alice carry on with your claim! My Father is on his 3rd letter from Northern Rock now (they all sound as bombastic). He's about to issue in court and NR are demanding he tell them what he's doing but they can just wait for a surprise in the post.

Errr no. The overriding objective of the Civil Procedure Rules requires the parties to co-operate. I'm afraid the "see you in court" mentality only applies in films. Tell them what is being done and attempt to avoid litigation or you risk breaching the court rules.

AliceBanned

Chocmonster7 wrote: »

Alice carry on with your claim! My Father is on his 3rd letter from Northern Rock now (they all sound as bombastic). He's about to issue in court and NR are demanding he tell them what he's doing but they can just wait for a surprise in the post.

Thank you all for responding. I have just faxed my second letter threatening court action! Fingers crossed!

Chocmonster7

Tozer my Father has had many long conversations with a very nice lady at Northern Rock (hence the number of letters), two weeks ago he offered them a 15% discount if they agreed to settle out of court.

Today she said that they couldn't do that and that everything has to go to court even though in her words "they have no intention of the proceedings going ahead and will settle at the last hour".

The banks are just making a mockery of the whole thing and it's generating a lot of extra work for the courts when they don't need it. Somehow I don't think any Judge will be on a banks side if any of these cases make it that far.

AliceBanned

Chocmonster7 wrote: »

Tozer my Father has had many long conversations with a very nice lady at Northern Rock (hence the number of letters), two weeks ago he offered them a 15% discount if they agreed to settle out of court.

Today she said that they couldn't do that and that everything has to go to court even though in her words "they have no intention of the proceedings going ahead and will settle at the last hour".

The banks are just making a mockery of the whole thing and it's generating a lot of extra work for the courts when they don't need it. Somehow I don't think any Judge will be on a banks side if any of these cases make it that far.

Thanks for this information. It is easy to feel threatened by the letters and think I'm going to end up in court, but I'm going ahead anyway as I'm sure it won't happen. Keep me posted with any news!

Chocmonster7

Glad to hear that you haven't been put off AliceBanned, the banks hope that sending strongly worded letters will scare people off but they haven't bargained for us fighting back!

The court papers have now been registered via Moneyclaimonline so we will see what happens next.

Chocmonster7

I'm pleased to report a success story - in todays post my Father recieved a cheque from Northern Rock for the full amount he was claiming - over £900!
Their covering letter was so full of sour grapes I'm amazed the paper wasn't stained a bright red, the drinks are on him tonight! :beer:

AliceBanned

They have replied to my second letter making several points - they are going to continue and say "we remain satisfied that the current account charges are entirely lawful, that they are not a "penalty", unfair or unenforceable". I guess this is standard. But they have asked me for more informatin - "your latest letter does not seek to develop your original argument or respond to the points we have made". They also say that "Northern Rock plc's current account charges are clearly and unambiguously stated at the outset and prior to the conclusion of the agreement between Northern Rock plc and yourself".

I will post this on another thread also, to try and get advice on this. However I think I will carry on - just look a bit closer at the small print etc. I assume this is just a standard response.

Chocmonster7

That is exactly the same letter as Dad got too there is nothing personal in their letters, everyone gets the same ones! It's another stalling tactic so just carry on. They will force you to issue in the courts as they hope that you will give up before that.

Remember it's not that fact that they told you about the charges (and you agreed to them) which your are challenging but the amount of the charges.

rizla01

Damn Title!

I was wondering who Northern Rock have merged with!

AliceBanned

Chocmonster7 wrote: »

I'm pleased to report a success story - in todays post my Father recieved a cheque from Northern Rock for the full amount he was claiming - over £900!
Their covering letter was so full of sour grapes I'm amazed the paper wasn't stained a bright red, the drinks are on him tonight! :beer:

Thanks for this - I have just posted on the discussion area for advice about whether I need a solicitor - this second letter from NR got me worried! I was hoping it was just posturing - did your dad's say the charges are not default charges - and therefore not breach of contract? I am definitely going to carry on, but I'm a bit stumped by them asking me to provide "substantive points", and if I don't "we reserve the right to inform the court of this". Not sure how to answer their points, as they are all legal jargon!

I guess your dad was in the same position and won? Great!