Court Claim Help Please - Natwest / Irwin Mitchell

[Budgie]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Letter looks great

If you're happy with this (based on the POC's I've posted, yesterday, then I'll send, by Special Delivery this morning ?

I've actually added in the date of my previous CCA request - is this OK or should I ddelete it ? LEAVE IT IN

Am I correct to send this to Irwin Mitchell NOT the courts ?
SEND ORIGINAL TO IRWIN MITCHELL, COPY TO COURT and COPY TO NATWEST

Am I correct to send Special Delivery ? YES

Am I OK sending on a Friday - which means Saturday delivery ? YES - THEY WILL NOT TRY TO DELIVER TO A COMPANY UNTIL MONDAY

Do I need to send a copy to the courts ? YES and NATWEST

Finally and most importantly do we sign this letter or not ? I've read many posts which say never use your signature (BUT in CCA cases) - what about in these type of situations ? SIGN BUT DISGUISE YOUR SIGNATURE IN SOME WAY SO THAT YOU KNOW IF THEY HAVE USED THIS MODIFIED SIGNATURE TO FORGE THE VERSION ON THE CCA

Thanks again and rest assured this will be sent as soon as I hear back from you ?
EXCELLENT

Kind regards,

R

PS Once this stage is completed I'll sort a copy of the spreadsheet, as requested. Thanks again.

.

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Do I need to send all 3 copies Special delivery or will Recorded do, for any ?

3 x SD is pretty expensive !

Thank you again.

[Budgie]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Just send the Irwin Mitchell by recorded and then normal post for the other two.

If you have an email address for Irwin Mirtchell ( Check the court paperwork ) then it wouldnt hurt to send an email as well.

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Hi Budgie,

Thanks for your further reply and apologies for my delay (my youngest has just been prescribed tamiflu - thats both the children in less than a week now !).

Anyway all 3 letters went off yesterday (Fri 13th) - I did in fact send all 3 by recorded delivery.

I didn't have an e-mail addy for I.M. (not on court papers) so I guess just a paper copy will be sufficient ?

Can you please tell me what the timescales are now - the claim was raised on 6th, I rcvd on 11th, acknowledged service on 12th & sent reply on 13th.

In your opinion what is the likely outcome now - anyone familiar with Irwin Mitchell at all ?

My next stage is to forward spreadsheet to you - this will follow this weekend, if OK ?

BIG thanks for all your help - still worried but feel better now I've done all I can, for the moment anyway !

R

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Thanks Budgie, for all help, to date.

R

[Budgie]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Hi Budgie,

Thanks for your further reply and apologies for my delay (my youngest has just been prescribed tamiflu - thats both the children in less than a week now !).

Anyway all 3 letters went off yesterday (Fri 13th) - I did in fact send all 3 by recorded delivery.

I didn't have an e-mail addy for I.M. (not on court papers) so I guess just a paper copy will be sufficient ?

Can you please tell me what the timescales are now - the claim was raised on 6th, I rcvd on 11th, acknowledged service on 12th & sent reply on 13th.

In your opinion what is the likely outcome now - anyone familiar with Irwin Mitchell at all ?

My next stage is to forward spreadsheet to you - this will follow this weekend, if OK ?

BIG thanks for all your help - still worried but feel better now I've done all I can, for the moment anyway !

R

Hi R,

No problem, Let me have your spreadsheet, when you are ready.

I suggest we start work on your defence / counterclaim this week.

Will get back to you once spreadsheet received.

Budgie

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Hi Budgie,

Please note I've just sent you a PM, via your supplied addy, with my spreadsheets attached.

Thanks again, for all your help and I look forward to your thoughts......

Kindest regards,

R

[Budgie]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

OK a quick summary

From the MSE spreadsheets

First claim
Charges total £772
Calculated interest that you paid NW on these charges £94.72

Second claim
Charges total £195.20
Calculated interest that you paid NW on these charges £11.47

Sorry, but I do not personally agree with these types of spreadsheets as they make assumptions regarding how much interest they have actually charged you which are usually incorrect. I wont confuse you by going into too much detail on this at the moment but will happily expand on this matter later.

The most interesting thing is that in your original claims to the bank you did not attempt to claim anything from NW in the way of compensatory interest for the time value of the loss of your money.

Should you file a claim at a county court you would be entitled to claim ( as a minimum ) statutory court interest ( calculated at 8% per annum ) from the date of each charge to the date of eventual settlement. Alternativly you would be entitled to claim compound interest calculated from the date of each charge to the date of eventual settlement.

My own spreadsheets ( which may be found on this site ) can calculate either statutory court interest or compound interest.
Note : On my spreadsheets I do not take into account interest that the bank might have charged you as a direct result of the charges as there is no need to do so. Mainly because you cannot argue against the contractual right of the bank to charge you interest on your overdraft but as I mentioned above I will explain this in more detail at a later date.

So using my own spreadsheets

I make your total charges £967.20

A claim based on statutory court interest at std rate of 8% PA would add a further £377.72 to your claim calculated up to 30/10/09.

or

A claim based on compound interest at a rate of say 20% PA would add a further £1870.60 to your claim calculated up to 30/10/09

So total claim / counter claim would be for either £1344.92 or £2837.80 depending on which of my interest calculations you decided to go with.

Personally, I would recommend going with a compound interest claim / counterclaim with an "in the alternative" approach of a statutory interest claim / counterclaim.

Either way the purpose of a claim / counterclaim would be to argue that the NW claim against you is based on an overdrawn balance on the account that has been significantly increased due to what you consider to be unfair charges applied by NW and also by interest applied on those charges.

As the issues surrounding these charges are currently being clarified as part of the test case between the OFT and the banks ( including Nat West ) the purpose of the claim / counterclaim is to ensure that the claim against you is placed on hold ( stayed ) until the test case is resolved and a clear situation regarding your current account can be determined.

I will pause now to see if you have any questions.

If you are happy and understand everything I suggest we work on and post up a draft outline for the claim counterclaim that we can then work on together ( with the help of others ) over the next few days. I am pretty sure that a similar counterclaim already exists elsewhere on these forums which will provide a good starting point.

I am pretty tied up tomorrow but will try to post in response to any questions that you might have.

Rgds Budgie

PS Regarding the other point in your email ( in CAPS ) I am pretty sure we can do what you are suggesting. I suggest we discuss this further off forum.

[Budgie]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Please can you just double check, what is the latest date by which you need to file your defence / counterclaim ( notwithstanding the fact that we could apply for an extension to this time period on the basis that IW will probably not supply the documents requested in the CPR 31.14 request letter )

Budgie

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Hi Budgie,

Just to acknowledge / thank you for your 2 x replies.

Unfortunately I've only picked up this morning (as mentioned my 2 lads both having swine flu has made home life tricky !) !

I'm at work now BUT off from late afternoon until Monday so I'll drop you a reply later, if thats OK ?

Regarding the dates I'm not 100% sure BUT I can advise that:

Court Claim raised on 6th Nov,
Court Claim received, by me, on 11th Nov,
Claim acknowledged, by me, on-line, on 12th Nov,
My reply sent to I.W. (copy court & copy natwest) on 13th Nov

Does this help - I'm not 100% sure how the dates all work from here ?

BIG, BIG thanks & kindest regards,

R
------------------------------- merged -------------------------------
PS regarding my CAPS comments, in PM and your reply - I have just sent you a further PM !

Thanks again,

R

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Hi Budgie,

Based on the above what are my deadlines ?

Sorry to be so dim !

Kind regards,

R

[Amethyst]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Will be 28 days from 6th November sooooooooooo around 2nd december ? Get it in by the end of the month should be fine

Defence and counterclaim on charges isnt it?

[Budgie]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Ame is correct.

2nd December is latest date by which you need to either file defence and conterlcaim or by which you need to apply for an extension on submission time pending response from Irwin Mitchell regarding your CPR 31:14 request.
The stipulate 7 working days response time for Irwin Mitchell runs out at the beginning of next week so we need do nothing until then.

However, I am mindful that events at the Supreme Court may occupy some of us on Wednesday / Thursday next week so suggest we draft up a defence / counterclaim on Monday Tuesday anyway, just so we are not rushing at the last minute.

[R B 1968]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Thank you both Ame and my kind 'mentor' Budgie, as always.

Budgie - what do you suggest regarding my spreadsheets as supplied - I'm not sure what's best now ?

BTW I've checked Tracking and Natwest & Irwin signed for my paperwork on 16th N ov BUT Northants Court delivery not yet signed - do I need to do anything to counteract this potential issue ?

Kind regards,

R

[Budgie]

Re: Court Claim Help Please - Natwest / Irwin Mitchell

Thanks for the compliment R but please do not consider me as a Mentor.

We have a great team on Legal Beagles and we all chip in and assist with matters wherever we can. I have just been a little bit quicker than others at responding on your thread. :tinysmile_grin_t:

Re the spreadsheets, personally I think when preparing your counterclaim we should go with the compound interest claim with statutory interest as an "in the alternative".

You do not need to do anything at the moment, enjoy the weekend, see if you receive anything from IM in the post tomorrow or Monday morning and we will then review matters and press ahead on Monday.

Amethyst is brilliant with defences and counterclaims so I have already asked her to help with this if it becomes necessary.