punkrjb v. NatWest ***WON POST-OFT***

[punkrjb]

Hi all,

I welcome your comments and advice, being a noob is daunting enough, let alone the subject matter at hand

Having posted on the I am a noob thread, and getting a warm welcome from Hedgy I am posting here the status of my claim vs. NatWest.

[punkrjb]

As of today I am:

In receipt of the CPR18 letter from Cobbetts, which means that I have:

1. Asked for and recieved all my bank statements from NatWest for the last six years.

Received in two seperate bags, sealed not recorded
They said they'd provided the statements for free and didn't cash my cheque!

2. Writen standard template letter from BBC website asking for all the charges back (excluded interest at this point). Included copies of relevant statements, all marked out and a schedule done in excel totalling it all up. I gave them "14 days before I start legal proceedings"

3. Recieved a letter from NatWest asking for 6-7 weeks grace.

4. I wrote back to NatWest and said, you have a further 7 days to refund the charges or I'll be asking for interest & court fees on top.

5. No reply, so filed on MCOL using standard template on MSE. Included interest & court fees.

6. 14 days to the day NatWest acknowledged the claim.

7. 7 days later (note not 14 days!) NatWest gave the court their intention to defend the claim

8. 7 days later again CPR 18 letter from Cobbetts

9. 2 days after that joined CAG

10. 3 Days later recieved copy of Cobbetts CPR 18 from Court, transfer order to my local court and judge has done away with the allocation questionaire.

11. Responded to the CPR 18 & Standard Defense with the template letter found in post 10 of this thread. Will await reponse!

12. Three weeks later NatWest makes me offer of 95% of the charges (with no interest & no court fee reimbursement).
They send a long letter enclosed with the offer talking about the OFT case and what it means.

13. I accepted their offer. Now waiting for money to hit my bank account and the whole thing is over.

14. Cash received! All done!

[punkrjb]

So right now I am figuring out exactly what to send to Cobetts and the courts regarding the CPR 18 letter.

Reading through a million threads...

[hedgey06]

Hi again punk! Nice avatar.......... very swish!

Have a look in this thread here http://www.consumeractiongroup.co.uk...mants-new.html you'll find information on how to respond to the CPR part 18 request along with what to expect next.

Just post back on here any time you're looking for advice or a bit of moral support, and keep us posted!

Best of luck

[punkrjb]

today I am looking through CAG for the best standard reply to CPR18 and finding out what an allocation questionaire is... also need to know about changing my address as I have moved during the process.

[punkrjb]

looking at:

http://www.consumeractiongroup.co.uk....html?garpg=15

tells me about the allocation questionaire - apparently I have to pay £100 (as over £1.5k) although this isn't mentioned by the court's letter it just says

"an allocation fee may be payable in this instance. please contact the court of transfer in this instance"

[punkrjb]

Northampton Court (Started it all through MCOL) have said:

Wihtout hearring it is ordered that:-

1. the filing of an allocation questionaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise

It has been transfered to Nottingham although they have not written to me yet.

[Michael Browne]

"an allocation fee may be payable in this instance. please contact the court of transfer in this instance"

The fee is for Allocation not the questionnaire. Some courts no longer require the fee, some do. Phone Nottingham to clarify.

[punkrjb]

Originally Posted by Michael Browne

The fee is for Allocation not the questionnaire. Some courts no longer require the fee, some do. Phone Nottingham to clarify.

thank you good advice

[punkrjb]

okay I'm stuck... I have read as much as I can, but I still don't know what to send to Cobetts and the court.

I guess I need a standard response letter to the CPR 18 request & standard defense they have sent me.

I must be thick but I can't seem to work out what is the generally accepted best approach in response: I am tempted with this:
From:
http://www.consumeractiongroup.co.uk...8-request.html

Dear Sir or Madam:
Claim No:

I Acknowledge the receipt of the defence posted on behalf of National Westminster Bank plc.
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:

Please also find enclosed a breakdown of all charges I am claiming.
Yours Faithfully
punkrjb

--------------------------
I am concerned this does not answer all Cobbetts questions and they will get this case stuck out???

[hedgey06]

Originally Posted by punkrjb

today I am looking through CAG for the best standard reply to CPR18 and finding out what an allocation questionaire is... also need to know about changing my address as I have moved during the process.

Once again.............. read this thread http://www.consumeractiongroup.co.uk...mants-new.html for info on CPR part 18 requests and Allocation Questionnaires. The response you posted above is fine - it doesn't matter if you haven't replied to cobbetts' questions as you only do so in full if the court orders you to do so.

If you've changed your address during the process, notifiy cobbetts and the courts in writing (along with nat west obviously).

[punkrjb]

thank you hedgey06 I am getting there (slowly)

[punkrjb]

excellent! folowing the short word of advice from hedgey06 I have used the template letter above, written to everybody concerned about my change of address and now can rest easy for the time being

[hedgey06]

Great stuff............. keep up the good work and you'll soon win!

[punkrjb]

So, three weeks later NatWest makes me offer of 95% of the charges (with no interest & no court fee reimbursement).
They send a long letter enclosed with the offer talking about the OFT case and what it means.

I accepted their offer. Now waiting for money to hit my bank account and the whole thing is over.

Why did I accept?

1. I promised myself at the beginning of this I'd accept a certain amount or above, they offered a bit more than that.

2. My time is now mine again (well for this case at least !!)

3. While I have forgone the interest, which would have been nice - it was an
extra that I did not ask them for in the first instance. It was a leverage thing.

4. I feel (my opinion only) that the test case will use a fair charge as the base and make banks only refund the difference between the actual charge and the fair charge. I think at 95% (ignore the interest) I have beaten that position.

5.Even with the interest and court fees their offer comes in at 75%. I really don't think that I would achieve 75% even with this "fair charge" setup I think will happen.

I'll be updating when the cash clears.

One happy punk =:>

[hedgey06]

Hi Punk,

For what it's worth - I think you've done the right thing for you right now. You've got a result that you're happy with and that's all that matters. Soooooooooo.............. .

CONGRATULATIONS!!!!

Enjoy the cash mate - best wishes, hedgey xxx

[punkrjb]

Originally Posted by hedgey06

Hi Punk,

For what it's worth - I think you've done the right thing for you right now. You've got a result that you're happy with and that's all that matters. Soooooooooo.............. .

CONGRATULATIONS!!!!

Enjoy the cash mate - best wishes, hedgey xxx

thanks hedgey, you & CAG have been a massive help to me

[punkrjb]

Last post - cash recieved all done! Yey

[hedgey06]

Nice one punk................. just in time for a Saturday afternoon spending spree! xxx