NatWest

swampy28

hi
have started MCOL back in 13th May07 ,got the standard Cobberts letter pack on 15th June & still awaiting a letters from the court & a date. Mean while charges for me overdraft are still pilling on at £28 plus the intrested.
Do i take this on the chin or write again to Natwest to add this to my total claim.

borgbaiter

if you dont get them this timwe round nothing to stop you taking them to court again for any new charges

im starting to think its better to take them to the ombudsman if it costs them £400 a time.

doing that to halifax for the £30 they just stung me for if they dont give it back

maybe enough £400's wll make them rethink

swampy28 wrote: »

hi
have started MCOL back in 13th May07 ,got the standard Cobberts letter pack on 15th June & still awaiting a letters from the court & a date. Mean while charges for me overdraft are still pilling on at £28 plus the intrested.
Do i take this on the chin or write again to Natwest to add this to my total claim.

anna_h

Hello Everyone ... first things first - thank you for all of your contributions that have inspired me to push for what is owed to me! I have appreciated reading but never posted till tonight and I think my earlier post went into the 'black hole'. Hope this one appears where I can see it and find it again. now to business ..... went through the online Small Claims after many weeks of being messad around by Nat West and have now received (directly) from Nat West Solicitors (Cobbetts) a Defence and Request for More Info and Clarification.

I am being asked to submit the Calculations (these have been sent before) and I have to list next to each calculation (a) reason on statement for charge (b) state if I am saying should not be charged (c) why do I content they should not be charged (d) if I disagree with amount charged - how much should I have been charged (e) and state my case! Is this right?

I also have to specify all the facts I am relying on in support of the contentions in particular identify regulations in The Unfair Terms in Consumer Contrat Regulations 1999 relied upon by me in alleging that the contractual provisions referred to are unenforceable. Any ideas where I can find this information - could I have the wording?

Who do I liaise with now that I can no longer go further online? Do I write directly to their solicitors?

All of a sudden i do not feel soooo brave!! Any advice would be very much appreciated.

czerpy

I am helping my son with natwest claim they are defending it and it is at stage of transfer to local court and since started claim we have never had one response from them apart from their solicitors. Obvious this is their tactics in the hope we will go away.
We sent letters to my son's branch but it would not appear to make any difference where you send them as they just ignore them anyway.
Just carry on to next stage and good luck.

Czerpy

frugalpam

ripski wrote: »

I disagree that it is the amount of claim.
I commenced about the same time as Pam and went MCOL route for approx £7500
Nat west defended and I got the standard defense from Cobetts .Then trasferred to my local court for a hearing date ,when I got an offer of nearly £6000 out of the blue which I acepted as I was stressed

Yes, I'd agree. My claim is for a little over £900 - I can't believe its financially worth their while contesting my claim in Court. There doesn't seem to be any pattern, to me - I think they probably pick a few at random to use their bully tactics on, whatever amount is being claimed.
Cobbetts must be rubbing their hands in glee at churning out these 'defences' - they must be making money hand over fist out of Natwest

To anyone dealing with Cobbetts, check out this thread - and this one too - lots of helpful advice there on how to reply to the solicitors letters.

Pam

GarethR

anna_h wrote: »

Hello Everyone ... first things first - thank you for all of your contributions that have inspired me to push for what is owed to me! I have appreciated reading but never posted till tonight and I think my earlier post went into the 'black hole'. Hope this one appears where I can see it and find it again. now to business ..... went through the online Small Claims after many weeks of being messad around by Nat West and have now received (directly) from Nat West Solicitors (Cobbetts) a Defence and Request for More Info and Clarification.

I am being asked to submit the Calculations (these have been sent before) and I have to list next to each calculation (a) reason on statement for charge (b) state if I am saying should not be charged (c) why do I content they should not be charged (d) if I disagree with amount charged - how much should I have been charged (e) and state my case! Is this right?

I also have to specify all the facts I am relying on in support of the contentions in particular identify regulations in The Unfair Terms in Consumer Contrat Regulations 1999 relied upon by me in alleging that the contractual provisions referred to are unenforceable. Any ideas where I can find this information - could I have the wording?

Who do I liaise with now that I can no longer go further online? Do I write directly to their solicitors?

All of a sudden i do not feel soooo brave!! Any advice would be very much appreciated.

Anna, as you arent feeling so brave I will show you the template I used in response to the exact letter you have, its a combination of what Martin & others suggest on here:

Dear Sir or Madam

Re: Claim No:

I acknowledge the receipt of the defence dated xxxx 2007, posted on behalf of National Westminster Bank plc. I have already detailed the charges which were sent along with my letter dated xxxx 2007, I am also concerned you are dealing with this case without having kept the original paperwork related to the claim. To confirm the charges please find enclosed a full detailed list to assist you.

I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative, furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. However, for clarity I confirm the charges I am claiming were applied to the following account:-

Account Name:
Account number:
Sort Code:

Yours faithfully

Dont panic about what they send you, just come on here & have a look in the threads Pam suggested, if you cant find an answer just ask

:beer:

GarethR

swampy28 wrote: »

hi
have started MCOL back in 13th May07 ,got the standard Cobberts letter pack on 15th June & still awaiting a letters from the court & a date. Mean while charges for me overdraft are still pilling on at £28 plus the intrested.
Do i take this on the chin or write again to Natwest to add this to my total claim.

Start a new claim or contact the FO with this one as no point going for the interest as it wont be much

GarethR

sunshine445 wrote: »

Hi, just received Defence from Cobbetts and a Request for Further Information. Is this standard and what should I do next - feel a bit nervous about what to do? All through process not heard a word from Natwest just the Defence. I am acting on behalf of my partner who is owed just over £5,000.00 including interest. Does anyone know if small claims procedure applies if claim only goes over £5K due to interest claimed.

Any advice would be really appreciated as I am feeling a bit daunted now!

I think, although dont hold me to this, it only applies if the initial amount is over £5k I suppose if it had been a problem you would have heard something when you first started your claim on MCOL.

For a response to what Cobblers sent you see my reply to anna just a couplf of posts above this

:beer:

sleener

I have done it:eek: MCOL against Natwest Claimed 3616.08 inc of interest :rolleyes:
Lets see what they do for me I will post all responses etc:D
thanks to thoses who just tell you to go for it :beer:

GOOD LUCK EVERYONE

the sleener:hello:

ripski

sunshine445 wrote: »

Hi, just received Defence from Cobbetts and a Request for Further Information. Is this standard and what should I do next - feel a bit nervous about what to do? All through process not heard a word from Natwest just the Defence. I am acting on behalf of my partner who is owed just over £5,000.00 including interest. Does anyone know if small claims procedure applies if claim only goes over £5K due to interest claimed.

Any advice would be really appreciated as I am feeling a bit daunted now!

I am fairly sure that you will still be classed as small claims as your claim - without interest - is under £ 5000. Mine was over and I think -- someone may correct me but there is little difference process. Same court , same defense etc.The main difference is that IF you lose then you MAY have to pay costs. I am sure there must be other differences .
It's easy for me to talk as I've settled. However I was as daunted and worried as you but you are really unlikely to have to go the whole way.
I got the defense from Cobbetts and my case had been transfferred to my local court,when I received a good offer