nat west loan and court action

[TUTTSI]

Re: nat west loan and court action

Pesrsonally I would just stick to what is on the claims form. You cannot give an amount until you have the response from the CPR request and that you have a figure. So I would state on the claims form that you are awaiting your CPR request with a full statement from the bank so that you can verify the actual amount actually due.

As far as mis-sold PPI you need to know for sure that you have been charged this first and if it was mis-sold to you. This will be another exercise once you have a full response from the bank.

OK had a busy day....
wrote to mr Hester about his bank, and filled in the CPR request and sent it off registered to the solicitors. I also emailed it to the solicitors at 2 different addresses, but both emails have been refused and sent back. Nice.
Next step is to collate my defence. On the application from the courts i am going to admit part-liability to the debt. In that section it is requesting an amount of money that i am saying i will re-pay. Unfortunatley i do not have an amount because i have no figures describing the charges the bank has applied, or monies paid over to CMS...hence the CPR. Should i list this and send it back to the court without an admitted amout to re-pay?

anybody have any thoughts about counter-claiming for un-fair treatment, lack of disclosure and damages to servicing accounts via miss-sold PPI's?...
getting a bit techy now as to which direction to take....

[brummie]

Re: nat west loan and court action

Good evening everybody....

Email received today from GCR executive office ( Mr. Hester's team) basically confirming receipt of my complaint, and stateing that an officer will be assigned to look into my case, along with contacting all relevant parties to collect information.

Let's wait and see what happens....

[Celestine]

Re: nat west loan and court action

Brummie, just checking you noted (from Chatbox) that you have 28 days from date of Service, so long as you file the Acknowledgment by 19th September.
:beagle:

[brummie]

Re: nat west loan and court action

Hi and thanks celestine

I filed today, and advised the court of my filing CPR 31.14 to the claimant. In my statement i brought to the court's attention that at no time have i denied the debt, only questioned the claimant's charges and interest applied, for which the claimant has never provided full and legible statement.
And said nothing else.... hope i did the right thing!!

[brummie]

Re: nat west loan and court action

Evening all....

O.K. the date of 19th september approaches. I know that my letter to the solicitors has been digned for, and i know that the appeal to the courts has been signed for, so i feel that i have completed my obligations prior to the 14 days from issue. So far no response from the claimant's solicitors or the courts. waiting......:tinysmile_hmm_t2:

Did receive a letter from RBS relating to my complaint. They state that they have writen to the relevant parties, including C.M.S., to request further information. They have also stated that the issue with the court action cannot be addressed by them until blah, blah, please refer to the solicitors and they will respond on the bank's behalf.


ISN'T C.M.S. PART OF THE COMPLAINT, AND ALSO PART OF THE LITIGATION PROCEEDS? ARE THEY WRITING TO C.M.S. TO BE TOLD THAT WE ARE IN LITIGATION?


confused.

[brummie]

Re: nat west loan and court action

sorry bout the spelling and grammar, TUTTS XX:tinysmile_hmm_t2:

[TUTTSI]

Re: nat west loan and court action

I have not said a word about your spelling and grammar Brummie.

A little tip after you have posted and you see any mistakes that you want to correct you can always go back and edit.... simples :tinysmile_kiss_t4:

sorry bout the spelling and grammar, TUTTS XX:tinysmile_hmm_t2:

[brummie]

Re: nat west loan and court action

Hi guys

An interesting letter from the solicitors today....

" We regret that we have been unable to respond in the timescale that you requested.

We have spoken with our client's executive complaints department who have advised us that they will be responding to the points you raise in full.

We have forwarded your leter to CMS and will endeavour to provide you the documents you requested and to resolve the matter as soon as possible. Please confirm that you are agreeable to extend the time for our client to respond to your CPR 31.14 request until 4.00pm on 12th october 2012.

We look forward to hearing from you."


Part of me says " NO, I DO NOT AGREE TO GIVE YOU THE TIME. YOU ARE TAKING ME TO COURT, THEREFORE YOU SHOULD HAVE ALL THE REQUESTED CPR 31.14 INFORMATION IN PLACE!!."

Isn't the executive complaints department the same department ( Mr. Hester's office ) that last week told me they could not comment on this complaint, as it was in the hands of the solicitor?

"Lots of cyber-space glasses of wine to all and a fine scotch for Bill-k, please bar-tender....."

[Bill-K]

Re: nat west loan and court action

Cheers for the Scotch, guv'nor !!!

Having downed it swiftly, I must confess I'm no expert on CPR and/or court protocol. Hic...!!!

Personally, I'm in agreement with your gut reaction, Brummie. If THEY are pursuing YOU, then the onus is on them to be 'up to speed.' Their attitude seems to be "We're chasing you as fast as we can, but we can't keep up. Would you be an 'absolute darling,' and slow down for us a little ?"

Talk about a p1$$-take !!! "Let no quarter be asked - and none given."

So - my suggestion is that you go with your gut instinct on this, and stick to your guns. If they don't know the rules, then they aren't solicitors.

BUT.....having said that - there is perhaps summat to be said for being tolerant, and if you get a decent DJ, then maybe you could score some Brownie points from being 'magnanimous.' Others who have been through this process may have some opinions on this.

Personally, My belief is that - once we involve solicitors - then it's "No More Mr Nice Guy."

[miliitant]

Re: nat west loan and court action

what i would do in your situation is agree the extension as to CPR 15.5
i would enclose an unless order for directions in that if the documents are not produced by 12 october that the claim be struck out

how can you do a defence if you do not have all the required information

what did you request exactly in your 31.14 request

this is only my opinion, only you can make a decision

[Bill-K]

Re: nat west loan and court action

i would enclose an unless order for directions in that if the documents are not produced by 12 october that the claim be struck out

If it helps with your decision, Brummie - I'm all for Militant's excellent suggestion. Use the CPR's to YOUR advantage, and "Render unto Caesar that which is Caesar's."

I can't fault that.

[brummie]

Re: nat west loan and court action

Hi all

Hi Militant, i have attached a PDF of the CPR request sent to the solicitors.

Many thanks.

[miliitant]

Re: nat west loan and court action

thants fine

do you wish to go with my sugestion, we have a week to decide at most

[brummie]

Re: nat west loan and court action

Thanks Bill. I just feel that as i have stated in the CPR that i will need 14 days to compile my defence, they can have 14 days to supply the relevant information. Because how could they possibly raise the action without having this information to hand?.....

[miliitant]

Re: nat west loan and court action

Thanks Bill. I just feel that as i have stated in the CPR that i will need 14 days to compile my defence, they can have 14 days to supply the relevant information. Because how could they possibly raise the action without having this information to hand?.....

simple answer

they are hoping you do not respond to the claim and they get a judgement by default