Tempty V Natwest

[Tempty]

ok, just got through to the court.
I have been advised to write a letter to the court stateing the amount of charges I'm claiming for and the amount of interest, that's putting it over the £5,000 limit. that will then go back up the judge for his consideration, although as he's allready looked at it once I may still have to go through the fast track!!.....oh eck

[WendyB]

Well at least that gives you a chance of him changing his mind

[Tempty]

yeah let's hope so, trying to put a letter together......talk about writers block....lol
where's Fendy when ya need her.........getting ready for her hols.......LOL

[Tempty]

right sod it, gonna step away from the problem for a bit....... bike needs washing so I'll take my mind off it and try again later ......lol

[Tempty]

right had a break, then sat down to it.
this is what i came up with.....hope it sounds ok



I write in response to your letter dated 9 July 2007.
You state upon having referred my case to the District judge it has been questioned as to whether I am aware that issuing for more then £5,000 would take the case into the Fast Track where I would be at risk of costs and would have to prepare for a formal trial.

While I do not pretend to be legally trained in any aspect of the law, I have however tried to educate myself as best I can with the information readily available to me through the many websites set up to help customers such as myself win back their unfair bank charges.

May I please refer you to a paragraph relating to small claims court procedures on MoneySavingExpert.com

Small claims in England and Wales are cases under £5,000, that’s before any statutory interest is added. Try to keep claims below this if possible, either by making a separate claim for each different account with the same bank, or if you're just a few hundred above the limit you may want to consider lowering the asking amount down to £5,000 (even if your earlier letters demanded more) to minimise the risk.

While I understand the total amount of my claim including statutory interest comes to over £5,500 I would like to point out that the total amount of my claim for charges stands at £4,848.00. Total interest stands to date at £792.66
However if the judge still decides that this is a case to be heard in a Fast Track court then I will remain undeterred, will agree with the decision and prepare a for a formal hearing.


Yours Faithfully

[Fendyweather]

Tempty Tempty calm down. Just read back through the post. Even though judge has said it may be fast track, it doesnt mean it will be. You can still request small claims and hope for the best.

However, remember mine. In fast track its where the judge can request full disclosure from Cobbetts, and we all know they wont, and dont want to comply with full disclosure because they cant. Thats the point at which I won. Remember ????? They are not going to disclose Nutwests true costs for bouncing a cheque etc.etc.etc.

REMEMBER THE CHANT...... YOU HAVE NOTHING TO FEAR FROM FAST TRACK. YOU HAVE NOTHING TO FEAR FROM FAST TRACK. IN THE END IT BRINGS THINGS TO A QUICKER CLOSURE BECAUSE COBBETTS ARE AFRAID OF FAST TRACK. Remember, Im speaking from experience. AM confided, they are not in a position to comply with full disclosure. Have a drink hun. Sit down, relax.... Its your rabbit in the hat hun. Honestly. xxxxxxx they will not be able to disclose their costs. And even in the event that you lost, which we all know just wont happen, you are only liable for the first £750 of costs, no more. Chill.............and they are not allowed usually to rely on any expert witness. Honest, YOU HAVE NOTHING TO FEAR FROM FAST TRACK should the judge decide to allocate it to fast track. Truly, honestly, really. You can still request small claims. A lot of judges are letting them go through small claims even when they are just over 5K. xxxxx

[Tempty]

Thanks ian for the edit I get a bit carried away when my head is in a mess.....lol

Thanks Fendy hun, I've done a bit more reading up on fast track now, still scares the hell out of me....... more because I'm worried I'll mess it up somehow then the procces itself. feeling a bit calmer about it now though.... I know in my heart that Natwest can't comply with a full disclosure......lol spose I'm just worried with my luck they'll find a way ....eek hehe

[Fendyweather]

Remember Tempty. NO FEAR.................... No fear.............xxxx Its in the bag......xxxx

[archer_66]

tempty mine was over the £5000 and i was allocated small claims....so dont worry!!! x

[Tempty]

heard from the courts yesterday.
This claim does not seem to following standard proceedure at all!
anyway here's what Got

DISTRICT JUDGE ARNOLD has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

The hearing of the claim will take place at 11:00 on the 23 October 2007 at Torquay & Newton Abbot County Court. and should take no longer then 10 minuets.

The court must be informed immediatley if the case is settled by agreement before the hearing date.

Each party shall deliver to every other party and to the court office copies of all documents (including any experts report) on which he intends to rely at the hearing no later than 14 august 2007.

The origional documents shall be brought to the hearing.

THIS CASE HAS BEEN LISTED WITH OTHERS AT THE SAME TIME. a PERIOD OF WAITING MAY BE INVOLVED WHILST OTHER CASES ARE HEARD. THANK YOU IN ANTICIPATION OF YOUR CO-OPERATION.

please ensure that all future correspondence to the above hearing has the the hearing date and time clearly endorsed on the first page, this will ensure your corrispondence is delt with and placed on the file prior to the hearing.
Thank you.

straightforward enough you may be thinking.....but..
I have not compleated an allocation questionnaire!!!......
I have not paid an allocation fee (i'm wondering if this has been left out as they already know i'm exempt from the charge...from when i ammended my claim with the N244!!)

there's no mention of any directions for the hearing......obviously i want nastywest to provide full disclosure of their charges and a breakdown of how they made up. (how do i tell the judge this if there are no directions?)

I know I will have to put together my bundle and get it in before the 14 August (understood that bit at least...lol)

Why oh why do they have to keep changing the way they do things?
I want to tell the judge "before" the hearing....hence i assumed there would be a hearing for directions....(is'nt that the way it's supposed to work?) i want nastywest to perform the impossible....i want them to break down their charges...... will i get a chance to do this at the hearing?...... somehow doubtfull as they are lumping them all together...giving each one 10 mins each!!
here we go confussed again....lol
just follow the bloody formula...... that i can get my head around at least.... everything i've read about this process seems to fall out the window when it comes to my own claim ffs.....lol ok rant over
suggestions....more then welcome...... I'm having enough trouble rembering which day of the week i'm on atm. my bodyclock is broken...andi don't reccomend nightshift work to anyone...lol

[enaid]

I think it's ok Tempty you have to send off your bundle, I had it in mine about the AQ but mine was dispensed with so that bits ok. The bit about your bundle is your directions just do as it says.

[enaid]

I would check about your fee if your claim is over £1500 you are suppose to pay so just check they have the info that you are exempt, if you fail to pay they will throw it iut

[enaid]

I hope you will still be exempt from paying Tempty, with all thats gone on there maybe a chance your case will be put on hold, that is what I am reading betwean the lines at the mo, tis entirely up to the judge. Don't mean to put a downer on you chuck, but this OFT thing has everyone stuffed. All I know just carry on as normal.

[Tempty]

yup..... the fee bit confussed the hell out of me too........ no mention of it at all!!
I'll give em a ring on monday me thinks and point that out to em.
as far as the directions go...... so I can request a breakdown of charges and put that in my bundle? ....... righty o then... that's what I'll do

[Tempty]

well I'll cross that bridge when I come to it hun, Hmmm not sure what's going on with the OFT thing...... not read it yet.... been too busy sleeping ...lol
not sure if I wanna read it now either lol.....oh eck...spose I better had!!