archer V natwest ***WON***

[Ashley]

Fendyweather[/LEFT];5487]Archer

Im

no expert at this, but I have asked an expert for you, and that expert has said Yes you can use it. If the judge chooses to disregard it, then that is for him or her to decide that, but the fact is YES you can put it in there and it wont damage your case. I have this on fact from a solicitor. Honestly, I

wouldnt

tell you you could if you

couldnt

. At worst, if you get one of the old school type judges, then he will simply just disregard it. He wont strike your case out because of it being in there, if he

doesnt

want to use it.

I have this from the horses mouth.

Fendy

xxxx

I agree with your friends views, and I may chance it my self, if I knew the Judge and how he reacted to such things, but as far as rules go, see the above link.

[Fendyweather]

Ashley Im sure you are right based on court etiquette, but I can only go on what I was told. It cant harm the case in any way to put the letter in there, at worst, they can just disregard it like its not there, but at best, they might just read it and it may just end up being relevant to the case, so my view is always if in doubt, stick in there, and let the judge decide if its relevant or not........... he/she certainly wont strike it out for being in there at all, but they might choose to just ingore it like its not there. Soz, not treading on anybodys toes, dont want to, dont mean to, but its purely just MY PERSONAL OPINION, I would stick it in there anyway. Doesnt mean Im right, Im only saying that it what I would do, based on advice form a learned friend in the profession. All the best anyway. Fendy xxxxx

[archer_66]

many thanks all... it has an interesting bit on the end where it says that if i bring another claim they will seriously reconsider me having my banking with them!! lol ill be reporting this to agencies when im finished sure its blackmail!

[archer_66]

ok posted bundle to cobbetts and took other one to court so im on time ......... will they be?

[WendyB]

Well this is Cobbetts you're talking about....last minute probably....

[Tempty]

Well this is Cobbetts you're talking about....last minute probably....

very last Second I reckon Lol

[archer_66]

i reckon not at all! lets see whos right cos by rights the court should receive it tomorrow its 14 days then til court date!

[archer_66]

well no surprises the court bundle hasnt turned up! i didnt think it would!

[Glenn UK]

RE WOP

letters can only be considered as falling within the realms of WOP if they contain a serious attempt at negotiating a settlement. So marking a letter threatening you with costs is not WOP and marking it so has no effect.

Now the rub, even letters that are not marked WOP can be considered so if they form part of a chain of correspondence so in theory you could receive or send a letter which does not contain an offer of settlement, the response could and your first letter therefore becomes considered WOP.

Personally if i received a letter marked WOP I would not put it in my bundle or produce it in court unless it was unlikely to embarrass me or the court and was critical to the claim.

As an example Abbey threatened me with costs twice, both marked WOP. I could have put copied them to the court quite legitimately but they were not anything to do with my claim and therefore in that context there was no point in producing them.

JMHO

Glenn

[archer_66]

well its been sent off now and the letter WOP is actually one from a diff claim! i was having a good sift thru things and found it..so all my bundle has gone out now
i emailed cobbetts asking where their bundle was but no reply as yet...thats ok cobbetts u have loads of time left 13 days to be exact ....til the court hearing!

[veilside01702]

Hey archer,
Same letter I got from cobbetts offering settlement....
Did they enclose the old This offer is to be kept quiet......gagging order??
I also got the bit about accepting further charges or their clients could change or close my account.....lol
As if I'm bothered....I stopped using my nastywest account and have left it £300 over the £3000 overdraft limit.....lol
My charges are for about the same amount with interest....lol
So all they will do is clear my overdraft....They pay themselves off.....lol
I will hopefully pay off part of the overdraft with the first claim....and the rest with the next one for the charges added since first claim filed.....lol
Cobbetts will be so busy me thinks......lol

[cinders]

I would imagine you will get an offer pretty soon tbh archer. I did naziwest from september last year (no copy of thread from the other side because I got all help in the chat room).... It took ages to get to the stage that you're at due to how busy my local court is however, about 4 days before the court date a nice recorded delivery letter arrived with a cheque for the full amount enclosed and including costs. I think payday is imminent for you hun.
Keep us updated! Its a fantastic feeling reading the letter with the cheque attached!

Ruthie
xx

[archer_66]

yea veilside that sounds like the letter i got just after filing!!
ruthie that would be great to get a nice cheque ..i can hope

deller lol im not planning on the money lasting long but just so long as I get everything done with it that I want,then thats going to be great!!
why do they leave it all til the last minute though!?
still no bundle and no reply off email i sent .........

[Fendyweather]

Hows it going archer. Any cheque yet ??? Fendy xxx

[archer_66]

no fendy how flipping annoying!! no reply to email or to the message i left on the answer machine earlier