New Member Advice

[Budgie]

Re: New Member Advice

Ah OK, I just read back a few posts once again, but to be honest I wasn't 100% sure whether you had actually filed your claim or not.

If you have actually filed your claim, then the next correspondance you are likely to see from Nat West will be a cheque for full settlement including the interest that you have claimed and the court fee.

Look forward to hearing that news.

Budgie

[Guest]

Re: New Member Advice

@Cetelco - How do you calculate for distress/inconvenience/stuff that you can't show receipts for?
Is there some kind of table (quantum?)

your advice would be most appreciated

Rather unsurprisingly, yes there is. For example, in Sealey v Hammersmith and Fulham LBC (1997) three weeks without a boiler and one week without a bath or toilet was deemed worthy of £1400 plus a futher £100 for each of four children, although the total length of time of the inconvenience was far greater. In Appleton v Murton (1993) new windows admitted draughts and leaks and although the suffering was "not great" £400 was awarded. In Makan v British Gas (1994) a collapsed living room and bathroom ceiling and resultant mess and damage led to an award of £2000. These sums are for distress and inconvenience over and above any other sums and costs recovered.

Damages are usually quantified by means of reliance loss, restitution loss or loss of bargain and although there are further certain heads of loss which are incapable of being recoverable, distress and inconvenience will be recoverable. In cases where the contract itself “was to provide peace of mind or freedom from distress” (Bliss v SE Thames RHA (1987)), a holiday for example, such loss will be recoverable. In Jarvis v Swan Tours (1972), another holiday case, the Court of Appeal made it clear that substantial damages may be recovered for disappointment, vexation and mental distress caused by a breach in the holidaymakers contract.

In Farley v Skinner (2001) the House of Lords affirmed the importance of contractual damages for distress and disappointment and RGH Contracts Ltd v (1) A Strover (2) Mrs Strover (2007) concerned the installation of a handmade wooden staircase in their property. The Claimant was claiming the outstanding contract price and the Defendant's were claiming that the installation of the staircase was defective and the contract should be rescinded. At the hearing the Judge considered expert reports from both parties and concluded that the installation of the staircase was defective and the manufacturing problems could not be rectified, as a result the Defendant was entitled to rescind the contract. The Defendant's counterclaim also included a claim for damages to compensate for the distress and inconvenience caused by the defective installation and inevitable removal and reinstallation of the staircase. The Judge found that that the Defendant's, who had young children, were not able to use the stairs due to safety concerns and as a result were not able to use the upstairs to their property for a substantial period of time. In light of such inconvenience and distress the Judge award the Defendant's £1,200 in damages.

In this case, the full value of the contract has been lost, due to a breach and/or misrepresentation by the original supplier which as resulted in considerable distress and inconvenience to the OP.

[charitynjw]

Re: New Member Advice

Thanks for that, Cetelco

cnjw:tinysmile_grin_t:

[John3421]

Re: New Member Advice

I have logged into the court service web site and i am being asked the following question. Can anyone tell me what i should be ticking.

Do you wish to enter Judgment by Default or by Admission? Please select one of the options below:
The defendant has not filed an admission or defence to my claim
(Judgment by Default)

You will need to decide, how and when you want the defendant to pay. You can ask for the Judgment to be paid by instalment or in one payment.
The defendant admits that all the money is owed
(Judgment by Admission)

If the defendant has given a new address on the form of admission to which correspondence should be sent, update the defendant's details within the following Judgment request.

Thanks.

[Amethyst]

Re: New Member Advice

Neither as yet.... you need to wait until you have received the defence/admission or until at least 14 days have passed since the claim was served on the defendant.

[John3421]

Re: New Member Advice

Well had a suprise phone call from Natwest today. They have received my court action and would like to sort it out now. They asked if i had received their letter offering the £2011 and £50 compensation. I stated I had and that my court costs were £100 and my compensation was for £300 and £100 for staionary. He said he would speak to his manager and ring me back. Sure enough he called back and offered £2011 refund of my deposit and £400 compensation and court fees. I said I would contact my solicitor and let them know.
I take it I should reject this and say that I am claiming for the full amount as I am entitled to?
If the full amount was paid to me as you state will the fact that I have still got a gas fire worth £2000 in my possesion be taken into consideration? Resulting in the claim being dropped by this amount.

Thanks for advice.

[Budgie]

Re: New Member Advice

Well had a suprise phone call from Natwest today. They have received my court action and would like to sort it out now. They asked if i had received their letter offering the £2011 and £50 compensation. I stated I had and that my court costs were £100 and my compensation was for £300 and £100 for staionary. He said he would speak to his manager and ring me back. Sure enough he called back and offered £2011 refund of my deposit and £400 compensation and court fees. I said I would contact my solicitor and let them know.
I take it I should reject this and say that I am claiming for the full amount as I am entitled to?
If the full amount was paid to me as you state will the fact that I have still got a gas fire worth £2000 in my possesion be taken into consideration? Resulting in the claim being dropped by this amount.

Thanks for advice.

A phone call from the Defendant

Not a surprise at all, you will probably get another phone call tomorrow as well.

Personally, I would call the guy back and just tell him to stop messing about and settle your court claim in full.

The gas fire in your possession is irrelevent, you do not even need to consider it.

Just stick to your guns.

You will likely have full amount of claim in your bank account by end of the week.

[Guest]

Re: New Member Advice

Well had a suprise phone call from Natwest today. They have received my court action and would like to sort it out now. They asked if i had received their letter offering the £2011 and £50 compensation. I stated I had and that my court costs were £100 and my compensation was for £300 and £100 for staionary. He said he would speak to his manager and ring me back. Sure enough he called back and offered £2011 refund of my deposit and £400 compensation and court fees. I said I would contact my solicitor and let them know.
I take it I should reject this and say that I am claiming for the full amount as I am entitled to?
If the full amount was paid to me as you state will the fact that I have still got a gas fire worth £2000 in my possesion be taken into consideration? Resulting in the claim being dropped by this amount.

Thanks for advice.

They are idiots, or worse, they think you are.

You are not suing for a refund, you are suing for breach of contract and are therefore entitled to be compensated for the full amount of the contract breach.

From Robinson v Harman [1848] "...the rule of the common law is, that where a party sustains loss by reason of a breach of contract, he is, so far as money can do it to be placed in the same situation, with respect to damages, as if the contract had been performed." James Parke, Baron and 1st Baron Wensleydale (1782–1868)

NatWest are liable for the whole amount of the contract, not just the part that you paid. Under the law, where a person makes a contract and breaks it, he must pay the whole damage sustained. This is encapsulated in the Consumer Credit Act (1974), s.75 and if NatWest do not like it, they need to stop issuing credit cards.

Reject this offer, in writing and also inform them that you will be raising an official complaint with the Financial Ombudsman regarding their handling of this matter and their continued denial of your legal right to a full and complete refund.

[John3421]

Re: New Member Advice

Well Natwest on phone again this morning asking if i had considered their offer. Told them I had and that I would be continuing the court action for the full amount that i am entitled. The reply was "Well I can not do any more then I will be passing it onto our defence department" Told him ok and that was that. Will keep you informed.

[Budgie]

Re: New Member Advice

Oh well, I was a day out !!!!

Stand by the phone, I suspect that you will get another call this afternoon or on Monday.

Their defence department basically have no possible defence so will be looking to get this settled asap.

Stay strong

Budgie

[John3421]

Re: New Member Advice

Have just received a letter from the courts this morning. It includes an Acknowledgment of Service from the Natwest which states that they intend to defend all of the claim. I take it this means I am going to court with this?

[Budgie]

Re: New Member Advice

Have just received a letter from the courts this morning. It includes an Acknowledgment of Service from the Natwest which states that they intend to defend all of the claim. I take it this means I am going to court with this?

Still highly unlikely that you would need to go to Court.

The acknowledgement of service is exactly what it says it is.
It is simply them confirming to the Court that they have received the claim.

They now have a further period of time in which they must submit a formal defence. As it is not possible for them to defend themselves against your action they will certainly settle with you before the deadline for submitting a defence.

As mentioned in an earlier post just stay strong, don't go doing anything silly like phoning them up to accept their previous offer.

Budgie

[John3421]

Re: New Member Advice

Thanks for that Budgie the thought did cross my mind if only for a second. Like you say they have 28 days now to defend the claim. Will see what happens next and keep you posted.

[John3421]

Re: New Member Advice

Well this is getting like deal or no deal. Just had another call from The banker - Natwest the very un helpful lady who was helpful today. The offer now is £3000 plus the £100 court costs. I stated to her that I would consider the offer and let them know. I think it is time to say to them again pay the full amount or I will see you in court, where you will be forced to pay the full amount as the Consumer Credit Act states. I have already told the person last week this but it is not sinking in.

[Budgie]

Re: New Member Advice

Well this is getting like deal or no deal. Just had another call from The banker - Natwest the very un helpful lady who was helpful today. The offer now is £3000 plus the £100 court costs. I stated to her that I would consider the offer and let them know. I think it is time to say to them again pay the full amount or I will see you in court, where you will be forced to pay the full amount as the Consumer Credit Act states. I have already told the person last week this but it is not sinking in.

It's time to finish this, they are just chancing their arm and hoping that you might settle for a lower figure than you are actually entitled to recieve.

I suggest that you give them a ring back, say that you feel you are being harassed and that you will ensure that the court is made aware of their actions should it eventually proceed to a court hearing. Say that you would appreciate them not calling you again unless it is a phone call to inform you that they are settling your claim in full.

It also sounds like you are now enjoying yourself John !!!!!!!!!!!
Which is good to hear.