Reject Offer ****WON IN COURT****

[walshj]

Good Morning

Anybody Help

Had An Offer From Bank Sent It Back On 15 May Not Heard Anything Since. My Court Date Is 21 June, Do You Think I Will Hear Anything Before, Im Panicing Now Because A Lot Of People Are Losing Thier Claims The Judges Are Just Throwing Them Out According To The Tv And Papers.
What Does Any Body Think

Julie

[steven4064]

Don't believe everything you read in the papers. Possibly 2 people have lost and those were oddball situations. 10s of THOUSANDS have won - some in court (see http://www.consumeractiongroup.co.uk...truck-out.html)

If your court date is 21 June, my guess is you'll have an offer on 20th - Cobbetts strategy is to go right to the line and waste as much public money as possible. (It's got nothing to do with the fact that they are paid by the hour, of course)

Look at this too: http://www.consumeractiongroup.co.uk...sts-order.html

We're right behind you.

Steven

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[walshj]

Hi
Thanks For That, Do I Have To Take Anything To The Court With Me

Julie

[steven4064]

Have a read of the court cases won in the thread referrenced in my last post. You'll need your copy of everything you sent to the court (your court bundle, statement of evidence, etc) and it may be worth while taking an estimate of your costs - in the unlikely event that you get to go into court and the much more likely event that NatWest don't show up - you might be able toclaim wasted costs there and then. Have a look at Reka's thread in the court cases won thread referrencd above - particularly posts 61, 76 and 93

Steven

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[walshj]

Good Morning Everybody

All The Advise Has Been Great, Its Now Come Upto D/day In Court Tomorrow And Im Getting Alittle Scared Now. I Have Got Together All The Copies That I Sent To Court, Is That All I Need To Take With Me

Julie

[steven4064]

Have you received a court bundle from Cobbetts? If not, that means they haven't sent one in because you have to have it before the court date with enough time to digest it (if it is the usual Cobbetts nonsense that could take weeks, if ever!!)

Have a read through http://www.consumeractiongroup.co.uk...bey-court.html

Steven

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[walshj]

Steven

I Have No Court Bundle From Cobbetts, So What Should I Do Now, Do I Need To Do Anything Else Before Tomorrow.
Julie

[steven4064]

Originally Posted by walshj

Steven

I Have No Court Bundle From Cobbetts, So What Should I Do Now, Do I Need To Do Anything Else Before Tomorrow.
Julie

Julie

You sent in your court bundle because yuo receiveed an order from the court telling you to do so. Cobbetts received the same order which they have obviously not complied with (they never do) - even though they were ORDERED TO BY THE COURT - They will not show up!

THis from reka's thread

My opening will be to respectfully request that the defence be struck out pursuant to CPR 3.4 (2) (c) and (b) as no documents were supplied as stipulated in the court order and the fact they have also failed to atend. If thats granted the i will request wastage costs.

The relevant bit of the CPR is

3.4 (2) The court may strike out a statement of case if it appears to the court – (b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or
(c) that there has been a failure to comply with a rule, practice direction or court order

Estimate your costs - time(suggest at least 30 hours)@£xx/hour, travel to court, time off work, photocopying, postage, phone calls, £10 for S.A.R - (Subject access request) - put them in writing so that the court can have a copy. Take a draft wasted costs order http://www.consumeractiongroup.co.uk...sts-order.html (although leave out point 4).

Steven

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[walshj]

Hi Steven
Im Sorry Im Abit Thick And Im Getting Myself In A Right State, But I Dont Understand What Your Saying

[steven4064]

Sorry Julie

What I am saying is that Cobbetts obviously have not complied with the order from the court to supply a court bundle (if they had complied, then you would have a copy - but you haven't).

There is no way they are going to turn up in court when they have not complied with the court's order - that would be stupid!

So, if you do get to go into court you should have a brief statement to read out based on what reka did -

"I respectfully request that the defence be struck out pursuant to CPR 3.4 (2) (c) and (b) as no documents have been supplied as stipulated in the court order and the fact that NatWest and their solicitors have failed to attend."

If the court grants that request then say

"Further I would repectfully ask the court to grant wasted costs on the grounds that the Defendant has acted unreasonably in defending the claim without any intention of allowing the matter to proceed to trial."

You could then produce a list of over 80 other cases where Nat West have done exactly the same (see http://www.consumeractiongroup.co.uk...hlight=settled)

Make sure you have everything you sent to court. Make sure you have a copy of NatWest's T&Cs with you too, if they are not in your court bundle.

Have a read through reka's thread. If you are still worried/puzzled PM me.

Steven

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[walshj]

Hiya

I Dont Have A Copy Of NatWest T&c. Is This Going To Make A Difference (not That I Am Going To Win)

Julie

[steven4064]

Originally Posted by walshj

(not That I Am Going To Win)

Oh yes you are!!!!

NatWest's T&Cs for 2002 and 2006 available here (I'm sorry there are no others, but that's all that have been posted on CAG that I can find) I don't know when your account was opened - if it was pre say 2003, take the 2002 ones, otherwise take the 2006 or take both - just don't take none.

But above everything - Don't Panic!

Steven

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[steven4064]

Julie

All the best for court tomorrow. Don't panic, all will be well

Steven

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[holster73]

Julie,

Steven's advice is spot on - he's covered everything you need to take / prepare for. You WILL get your money - they won't bother turning up.

Good luck and stay calm.
Holsterx

[seen the light]

hi julie

fingers crossed and good luck ,

PLEASE MAKE SURE YOU RUN HOME FROM COURT AS FAST AS YOUR FEET WILL CARRY YOU SO THAT YOU CAN UPDATE US WITH THE OUTCOME !!!

i am still a novice on here but have read so many similar threads , i will be as nervous as you when its my day but from the other threads i have read and the fact that you have received no bundle from cobblers indicates they are unlikely to show up. It will be you showing them up !!

im excited for you

stl

[walshj]

Morning Guys
Thanks For All The Advise, Very Scared But Will Let You All Know How I Get On

Julie

[seen the light]

any news yet julie ???

ive got my fingers crossed that you are out celebrating and thats why we havn'e seen an update from you ??

stl

[steven4064]

... and I'm sitting here hitting the 'reload' button every few minutes!

Steven

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[cl0nd0n]

Hey

Where is walshj? Waiting to hear his good news!

[steven4064]

Originally Posted by cl0nd0n

Hey

Where is walshj? Waiting to hear his good news!

her good news

Steven

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