Big Fight With Nat West ~~ SETTLED ~~

[Deller]

30th November 2006

Phoned the court earlier to see if Cobbetts had returned their AQ but the lady was unsure. She's just phoned me back to say that it hasn't been returned and that my file will be up before the judge either 2morrow or Monday.

[Deller]

2nd December 2006

Well Cobbetts returned their AQ, right at the last minute as usual, Swines!!! I'm a little confused about their details though....or should I say lack of them. They have filled in their AQ as follows:-

Settlement: NO
Location of Hearing: NO
Small Claims Track: YES
Experts: NO
Hearing: NO
Now this is the part I was suprised at,
Section G - Other Information: Totally blank.

They havn't included a fee, and its signed Cobbetts LLP

I really expected them to enter some sort of detail in section G, and don't understand why they havn't included a fee.

Still waiting for postie today, seems to running a bit later than normal, perhaps he's carrying a bundle of cash which is slowing him down.

[Deller]

12th December 2006

Well being rather impatient I thought I'd give the court a phone call to check on the status of my claim as both Cobbetts and my AQ's were returned by the deadline of 30th Nov, and since that date I've heard nothing.
I was advised that a letter has be sent out today relating to the fact that Cobbetts defence has been struck out in relation to all points except paragraph 5. The defendant will now have until 4pm on 3rd Jan 2007 to submit a new defence or I will be able to enter judgement and make claim to all charges.

So this is looking good I think......obviously not as good as a cheque, but it's progress.

[Deller]

15th December 2006

Received in yesterday's post was a General Form of Judgement or Order.It reads as follows:-

Before DISTRICT JUDGE WATSON sitting at Bristol County Court

Upon considering the defence filed by the Defendant

IT IS ORDERED THAT

Apart from paragraph 5 of the defence (The Claimant is time-barred from bringing a claim of unauthorised bank charges prior to 2nd October 2000 by the provisions of section 5 of the Limitation Act 1980), the defence is struck out on the grounds that it fails to disclose full particulars of a defence. Unless by 4.00pm on 3rd January 2007 the Defendant files and serves a further defence that discloses full particulars of the defence, the Claimant may enter judgement for the sums claimed in respect of the period after 2nd October 2000.
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Well somehow I can't see them meeting this deadline.

[Deller]

15th December 2006

Well this is the moment I've been waiting for, got home from work to find I'd missed a special delivery.

Rushed to P.O., and yes, cheque for full amount (bar the AQ fee )

Letter read as follows:-

Dear Sir

Our client: National Westminster Bank plc
Claim No: 6QZ68737

We refer to the above matter and to your letter dated q3th November 2006.

Although our client maintains its position as stated in our letter of 8th November 2006, and is confident that it will be successful at a final hearing, its legal fees will certainly outweigh the value of the claim, and, as such, our client must take a commercial approach to such claims.

Accordingly, without any admission of liability, our client is prepared to settle this matter in full to prevent incurring any further legal fees. We enclose a cheque in the sum of £4,282.36. As previously stated, acceptance by you of this goodwill payment will be in full and final settlement of your claim against our client and strictly on the basis that you write to the County Court withdrawing your claim.

We would ask that you now write to the Court and discontinue proceedings in this matter. We have attached two copies of the Notice of Discontinuance, and we should be grateful if you would complete the copies, forwarding one to the Court and the duplicate to us.

We await receipt of the completed Notice of Discontinuance.

Yours faithfully

Cobbetts LLP

Whooopeee!!! I'VE WON



Think I will still persue the AQ fee though.

[Deller]

5th January 2006

Just got off the phone to Cobbetts and they've agreed to pay me the £100 AQ fee but have advised me that it may take 14 days as the payment must be generated by the client. I explained that the Notice of Discontinuance would not be returned until the payment was received.

I couldn't help but ask how busy we were keeping the firm, and the chap did have a little snigger down the phone, I bet they're swamped in paperwork!!

[Deller]

18th December 2006

Received cheque yesterday for the £100 AQ fee, so that seems to be Nat West done and dusted. I will still make them wait a bit though before sending in the Notice of Disscontinuance, afterall they certainly made me wait!!