Kieran1974 Vs Natwest **WON**

[Kieran1974]

Hi Guys,
I am new to this forum so please be gentle with me.

My situation at the moment is that I have started a claim with HMCS against NatWest for £1700 of bank charges and have received written confirmation that the claim was issued on 30th May 2007, and officially served on 4th June. It also states that NatWest have until 18th June to respond.

A day after the claim was issued there was and option to request judgement on my case file with HMCS. I filled this out and requested that NatWest paid the whole amount owed immediatly. Again I have received written confirmation that this judgement was entered against NatWest on 31st May 2007.

What happens now?? Does this mean that NatWest have admitted the money is owed and do I just sit back and wait for my money to be returned to me?

As I said I am completly new to this situation so I have no idea on what happens next so any help you can give me will be gratefully received.

Thanks
Kieran1974

[WendyB]

Hi, welecome to the Nastywest forum.

Not sure to be honest, I'm not a claims expert, but will bump this up for you, I'm sure someone will be along in a minute to anser your question.

Wendy

[steven4064]

Hi Kieran

Unfortunatley, they still might make a last gasp effort. One trick they pull is to ask for a stay so they can submit a defence. Often the courts LET THEM!!!!! eventhough they missed the deadline.

So I'm afraid it might not all be over yet. They will still give in in the end, it just might take a little longer. Sorry

Steven

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[Kieran1974]

Thanks for the info Steven, looks like I might have to prepare myself to go all the way after all. I am not going to give up tho. I also have £1600 to reclaim from NatWest for a differant account so they will be fed up with me by the end of it all.

Kieran

[steven4064]

Originally Posted by Kieran1974

so they will be fed up with me by the end of it all.

Kieran

Here's hoping!!

Steven

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[Kieran1974]

Hi All,

I have just realised that I have the option to get a warrant issued against NatWest to enforce payment. Is this worth doing now or should I wait until the original deadline of 18th June?

Kieran

[steven4064]

I might be being thick, but why do you have an option to get a warrant when NatWest had until 18 June to respond?

Steven

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[Kieran1974]

Thats what I thought was a bit strange. The only thing I can think of is that NatWest agreed they owed me the money when the claim was served on the 30th May. Thats why I could ask for a judgement on the 31st and why I can issue a warrant now. If this was the case shouldn't I have received written confirmation that NatWest had agreed to the claim by now?

Kieran1974

[steven4064]

Can you post what the court sent (details removed of course)

Steven

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[Kieran1974]

OK, I have no scanner so I will type it in as best I can.

NOTICE OF ISSUE

Claimant Kieran1974
Defendant NatWest Bank

Your claim was issued on 30th May 2007.

The court sent it to the defendant by first class post on the 30th May 2007 and it will be deemed to be served on the 4th June 2007.

The defendant has until 18th June 2007 to reply.

The defendant may:-

Pay your total claim.

file an acknowledgment of service. This will allow the defendant 28 days from the date of service of your particulars of claim to file a defence or contest the court's jurisdiction.

Dispute the whole claim. The court will send you a copy of the defence.

Admit that the money is owed. The defendant will send you a completed admission form and you may ask the court to entre judgment.

Not reply at all. You may ask the court to enter judgment.

Note: If the claim is disputed and the defendant is an individual, the claim may be transferred to the defendant's local court.


It was the day after I received this letter that the option the to ask the court to enter judgement appear on my HMCS account. I filled out the form online and asked for the full amount to be repaid in one installment. I then received the following form in the post:

NOTICE OF JUDGMENT ENTERED

Claimant Kieran1974
Defendant NatWest Bank

Date 31st May 2007

In accordance with your request judgment was entered against the Defendant on the 31st May 2007.

I havent received anymore paperwork and I have the option to request a warrant to be issued.

Any help would be extremely appreciated.

Kieran1974

[steven4064]

Is this on MCOL? Did you click the judgement button?

You should proabably contact MCOL in Northhampton and talk through the situation with them

It has to be a mistake. There is no way you should have been given judgement the day after you filed your claim and before it was served on the defendant.

Steven

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[Kieran1974]

Thanks Steven. I will ring them today. On a differant theme I received a letter from NatWest today offering me £1100 in settlement. I take it that it wouldn't be a good idea to accept this offer?

Kieran1974

[steven4064]

Originally Posted by Kieran1974

Thanks Steven. I will ring them today. On a differant theme I received a letter from NatWest today offering me £1100 in

That depends how close it is to what you are claiming and ho wdetermined you are to get everythinbg back

Steven

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[Kieran1974]

I have just spoken to MCOL and the advisor said that the judgement had been entered against NatWest and that the money is no owed to me. Should I apply for a warrant now or should I wait until 18th june which was the original deadline for Natwests response.

Kieran1974

[steven4064]

I still think it's a mistake so I can't really comment on that question. Did the MCOL advisor not give you any guidance on that?

Steven

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[Kieran1974]

He said that I could apply for the warrant now.

I have decided to reject their offer and I have included in the rejection a letter that basically says I have secured judgement against them for the full amount. If I dont hear anything in the next seven days then I shall apply for a warrant to enforce the judgment.

Kieran1974

[steven4064]

In that case, go for it

Steven

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[Kieran1974]

Hello All,

The deadline has come and gone and the application for a warrant of execution has gone in. Is this the final hurdle or are there still some more dirty tricks that they can play?

Kieran1974

[steven4064]

THey could apply for a stay but I suspect that wouldn't go down too well with the court.

Steven

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[Kieran1974]

Hello all.

An update on my quest for vengance against NatWest. I have received payment on the warrant I issued and as I need the money now have settled for a slightly less amount on my other account.

All in all I hace claimed back just under £4000 from a totla amount of aroun d £4500 so I am really delighted with that result. I want to thank you all for your help in assisiting me.

One more question. I only claimed for charges credited to my account before the end Jan '07. NatWest has carried on applying them to one of my accounts since then. Can I start another claim for this ammount. Does it matter that I settled for a lesser ammount and signed a letter that stated

'Any charges that properly accrue in the future will be applied to your account in line with our published tariff and in accordance with your agreement with the bank. Should you be unwilling to accept any such charges, then we may need to consider if we are prepared to continue to provide you with your existing banking facilities. Instead we may offer you a simple account that does not offer borrowing facilities or other services.'

Have I ruined any future claims or is it just a threat to stop allowing me to bank with them? It doesn't matter as I am about to close my accounts anyway.