New Member Advice

[Sapphire]

Re: New Member Advice

This is getting better than Eastenders !

[WendyB]

Re: New Member Advice

Have they actually mentioned who their Solicitors are? It usedto be Cobbetts (affectionately known as Cobblers) who were actually okay to deal with. Sounds as if they have done away with Cobblers - to minimise costs perhaps lol, and now their legal defence department probably consists of some underpaid no-bonus scribe, 2 telephones and a law book. Obviously the chapter about CCA 1974 s.75 is right at the end of the book and the poor bloke hasn't got to it yet. At this rate their 28 days to file a defence will have expired before he realises that they actually have no defence in law whatsoever........
But it's keeping us all entertained so he deserves some credit for that at least pmsl.

If we were running a sweep my quid would be on 4.27pm tomorrow, but that depends on how fast he's reading and if there are pictures to help him understand the difficult words, you know, the ones like "no" and "defence"

[AdvS1]

Re: New Member Advice

Hello there John,

I’ve also been reading the development of your situation with Natwest, and felt that I had to put fingers to keyboard.

As a fellow claimant and forum member, I really felt your initial anguish and reluctance in wanting to ‘take on’ the might of the big bad Natwest, hence your delays in taking action.

However, persistence and determination (from both sides of this forum) prevailed and I was very relieved to know that you eventually filed your court claim

I’m currently awaiting replies to my own claims and just want to assure you that you have certainly taken the right stand.

With Cetelco also highlighting that you have an Act of Parliament to refer to, to add weight to your claim, then Natwest (as the Defendant) should be the ones to be worried, especially with the deadline looming.

In your post #59, it was also quite apt to see you state the following “I have already told the person last week this but it is not sinking in.”

I had to smile when I read that.
I’m glad to know that you are in a position to realise this, no matter the length of your learning curve in your claim and the situations that lead up to it.

As Budgie has already said, ‘just stay strong‘ as the tide is already turning in your favour re: the increases in Natwest's settlement offers.
　

Regards,
AdvS1.

[Budgie]

Re: New Member Advice

Any news John ??

[John3421]

Re: New Member Advice

Well Budgie I had 7 missed calls yesterday from a with held number and today got a message on voice mail. Message was from Natwest regarding the conversation last week. Asked if i could ring them urgently. I have not had time to ring them and not sure if I am going to. They were not very helpful with this in the early stages so think it is time for me to get my own back. Think time may be running out for them to sort their defence out so they need to speak to me urgently.
------------------------------- merged -------------------------------
In reply to your post AdvS1 yes I was very reluctant at first. Before finding this forum I had contacted two solicitors and the response from both was not very helpful. They both failed to mention the Consumer Credit Act and for that reason I was unsure of the way forward. I had hoped it would be all sorted out without going to court. I look back now and read through all the letters from Natwest trying to avoid any payment. Well I am not there yet but maybe soon i will come on and say "we did it." I say we as I would not have got this far without all the help from people on this site. Thanks again john.

[Budgie]

Re: New Member Advice

Two ways to go here

1) Take a call from them, tell them to settle in full or you will see them in Court. I suspect that is why they are trying to contact you ( to tell you they wish to settle in full ). Some would suggest that you do not need to or shouldn't talk to them. Personally, I believe that provided you do not allow them to attempt to negotiate and as long as you are confident in your ability to control the call then there is no harm in speaking to them.

2) Ignore their calls and just let them settle with you and then defend the claim on the basis that they have settled in full.

Either way, same result. The only difference is in the amount of time it will take to get your claim settled. But either way it is probably only a few days difference.

What is the latest date for them to submit formal defence?

Budgie

[WendyB]

Re: New Member Advice

But by avoiding calls, not responding to messages, couldn't they use that in court as not being reasonable, say they were trying to settle etc and try to make it look vexatious? I know that it wouldn't change the outcome as there is no way out for Natwest. I personally think I would return their call as suggested by Budgie. Just make sure the only offer you accept is the whole lot, plus your costs and expenses as you've told them already on numerous occasions.

[Budgie]

Re: New Member Advice

But by avoiding calls, not responding to messages, couldn't they use that in court as not being reasonable, say they were trying to settle etc and try to make it look vexatious? I know that it wouldn't change the outcome as there is no way out for Natwest. I personally think I would return their call as suggested by Budgie. Just make sure the only offer you accept is the whole lot, plus your costs and expenses as you've told them already on numerous occasions.

Claimant could be away working or on holiday etc etc there are many reasons why calls couldn't be returned. Defendant would be extremely foolish to try the vexatious angle. There comes a point where repeated calls from a Defendant to attempt to get a Claimant to settle at a figure lower than they are entitled become considerable as harassment / intimidation rather than genuine ( misguided ) attempts to resolve issues.

In spite of the above if this were my own claim I would be calling them back. That's why I asked John for the latest date for defence filing so that we can be clear about timings.

[John3421]

Re: New Member Advice

The date on the Acknowledgment of Service is 27/10/09 so take it they have 28 days from that date. I take on board your posts regarding the phone calls. I was not avoiding answering the other day but work prevented me from doing so. They were not happy to speak to me by phone at the begining and were really un helpful, it all had to be done by letter. Will try to ring them tomorrow and see what they have to say.

[Amy]

Re: New Member Advice

They have 28 days from the date the claim is deemed served, which is usually 5 days, but only if they file an acknowledgement of service within 14 days.

[John3421]

Re: New Member Advice

Just checked and the claim was issued on the 17th October 2009. Not sure when it was served.

[Guest]

Re: New Member Advice

Do not talk to them, you have no obligation to enter any kind of negotiation now as you have filed your claim. The time for talking is over. They had time enough to negotiate yet they played games over £2011.62 and £50 compensation, then £2011.62 and £400 compensation and finally £3000 plus £100 court costs.

You were absolutely correct to decline them all. You are not conducting an auction, this is litigation and they brought it upon themselves.

This ends with them paying you the full amount of your claim and not before.

Your claim was deemed served on 23rd October (since the 17th was a Saturday) and this means they have until 20th November to file a defence, as they have filed their Acknowledgement of Service, although given that there is no defence, I would look forward to a cheque.

[Guest]

Re: New Member Advice

Two ways to go here

1) Take a call from them, tell them to settle in full or you will see them in Court. I suspect that is why they are trying to contact you ( to tell you they wish to settle in full ). Some would suggest that you do not need to or shouldn't talk to them. Personally, I believe that provided you do not allow them to attempt to negotiate and as long as you are confident in your ability to control the call then there is no harm in speaking to them.

2) Ignore their calls and just let them settle with you and then defend the claim on the basis that they have settled in full.

Either way, same result. The only difference is in the amount of time it will take to get your claim settled. But either way it is probably only a few days difference.

What is the latest date for them to submit formal defence?

Budgie

But by avoiding calls, not responding to messages, couldn't they use that in court as not being reasonable, say they were trying to settle etc and try to make it look vexatious? I know that it wouldn't change the outcome as there is no way out for Natwest. I personally think I would return their call as suggested by Budgie. Just make sure the only offer you accept is the whole lot, plus your costs and expenses as you've told them already on numerous occasions.

Claimant could be away working or on holiday etc etc there are many reasons why calls couldn't be returned. Defendant would be extremely foolish to try the vexatious angle. There comes a point where repeated calls from a Defendant to attempt to get a Claimant to settle at a figure lower than they are entitled become considerable as harassment / intimidation rather than genuine ( misguided ) attempts to resolve issues.

In spite of the above if this were my own claim I would be calling them back. That's why I asked John for the latest date for defence filing so that we can be clear about timings.

Just to clarify these points.

What is the point of talking after you have issued a claim? If you are prepared to talk, you are not ready to issue the claim. Once the claim is filed, unless you plan to alter it (in which case, why file it?) then the time for talking is over. Notwithstanding that a claim may only be altered by filing an Application Notice at this stage.

Once a claim is filed, a dispute is in litigation and has thus become the subject of a formal court action and is distinct from negotiation or any form of Alternative Dispute Resolution. Litigation might be defined as a "contest, authorised by law, in a court of justice, for the purpose of enforcing a right."

If NatWest are calling to settle, have them send a cheque or deposit the full amount of your claim in an account that you specify and then you will withdraw your claim. Anything else is wasting your time.

[John3421]

Re: New Member Advice

Just to update the post. I have been contacted by Natwest regarding their offer. I stated that it was not acceptable and that i would only accept what i have claimed for in my claim. The person said ok and quickly put the phone down. I will wait and see what the next move is. Hopefully a call to say they are willing to settle this. Will let you know.

[Guest]

Re: New Member Advice

They have until 20th November, so they may try again to bluff you into accepting less than you are entitled to. However, you must hold firm and not be fooled.