Hedgey vs Natwest

[Imagine]

Hi gang - I've started a thread for my mum and dad's claim, so I thought I'd start one for my own as well!!!

In a nutshell........... and as brief as I'm able (!!!)........... claim against nutty west is for £1,136 (charges only). No response to prelim or LBA (not even a standard bogoff letter which I was most peeved about!). Filed N1 at county court on 15th May - was deemed served on the 18th. With 8% stat interest + court fees the total claim is now £1482.61 (and rising by the day with accruing interest methinks!!)

Finally got a response from the one and only Stuart Higley last week offering all charges (as a goodwill gesture only of course). I responded with a letter explaining I'd be happy to accept providing they add on the court filing fee of £120, saving them a few bob in stat interest.

No response from Stuart babe.......... he hasn't even responded to the two emails I sent him either! Cobblers had until today to file a defence.................... but they love me so much that they filed it early!!! How special am I!

I think the defence is standard (4 page 7 point defence - is that the standard cobblers from cobbets??) so I'm just about to send them a short letter along with a copy of my schedule of charges with a copy to the court.

Updates on the way as they happen!
hedgey xxx

[Nattie]

It may be worth giving Customer Relations Unit a call on Monday and asking whether they will pay the £120 or you will continue the claim. I doubt they will but onwards and upwards as they say.

[Imagine]

Thanks Nattie, I'll give them a try on Monday! Gee though................ this is just sooooooooo much fun - scary, exciting, daunting, fabulous.............. should have started reclaiming years ago!!!! xxx

[Nattie]

lol, i think you should have but hey ho, you are here now. Is there a Y missing from the title---too excited eh?!

[Fendyweather]

Hedgey you know youre gonna win, as usual, its a case of when and not if............... and with the fabulous nattie here to help we cant go wrong. Lol xx

[Imagine]

Oooooooo.......... Hedgey missed the y off the end of her name on the thread title!!! Trust you to pick it up you mischievious little piggie!!! How can anyone spell their name wrong though?? Nurr nurr hedgey I am now............. me brains got all puddled from hangin' about with you lot for too long!! Lol.............. next stop - Rampton!!!! xxx

[Amethyst]

all fixeded

[Imagine]

Awwwwwwww............. thanks Amethyst!

Can't believe how nice everyone is over here - it's a lovely place to be!

Thanks again, Hedgey xxxx

[Fendyweather]

Told ya Hedge,,,,,,,,,,,, much more, homely, Lol xxx

Good morning my friend. Hows the claim going ??? Fendy xxx

[Imagine]

Good morning honey! Funny you should ask actually!! Was just reading over my defence again this morning and I think there's something 'non standard' in there that's puzzling me a bit.

Paragraph 1 is standard............ e.g., defence is filed and served without prejudice to the Defendant's case (blah di blah). In the event that the claim is not properly particularised the the defendant will apply to strike out the claim/and or for summary judgement in respect of the same.

However, paragraph 2 says - Without prejudice to the foregoing paragraph, if and to the extent the the claimant proves the allegation that the defendant debited charges to the claimant's bank account, insofar as such charges were debited on a date or dates more than six years prior to the issue of this claim, any remedy in respect of the same, whether damages, restitution or otherwise, is barred by the operation of the Limitation Act 1980 and/or the doctrine of laches and the defendant will apply to strike out this aspect of the claim and/or for summary juedgement.

Am I right in thinking that they're saying any charges that were older than 6 years once I filed the claim at court they're going to apply to have struck out??? Cos if they are, well no disrespect cobblers but it's not my fault that yer client can't shift themselves and sort these claims out when they first get them.

Muppets. Starting to get a bit peed off with them all now!!! xxx

[Tempty]

OOooo Hedgey I've just checked my defence!!!! reads exactly the same!

just try an let em reduce my claim is all i can say...... hehe c'mon bring it..... i may keep dozzing off atm (bloody pills) but's it all go when I am awake LOL

[Imagine]

Awww tempty, you need a serious chill out weekend hun. You need to take it easy on them pills............. and you both need to get a whiplash claim in as well. Hedgey's orders!!!

I've drafted a letter to cobblers - what'cha think?

Dear Cobblers,

On 14th June 2007 I received a copy of your defence in the above case.

You may not be aware that your client has previously offered to return all penalty charges applied to my current account (copy of your client’s offer letter attached). However, as I filed this claim at xxxxxxx County Court on 15th June 2007, I am unwilling to accept any offer that does not include the court filing fee of £120. Please find attached, a copy of my response to your client’s offer, which they have not responded to.

Should your client wish to settle this claim amicably, I am prepared at this stage to accept a full refund of all charges plus the court filing fee of £120.00.

For your information I attach a schedule of the charges I am claiming back.

Yours sincerely

Hedgey

C.C. xxxxxx County Court

[Fendyweather]

Hedge I gotta perfect response to the 6 year thing should you need it hun. Its ace.................. all backed up with laws etc. Shout if you want it. You dont need it yet, but should you, Ive got it here hun. Refers to statute of limitations not being valid where fraud has occured. And it will apply to you hun. Fendy xxx

[Imagine]

Yaaaaaaayyyyyyyyyy for Fendy!!!! Thanks hun, I'll shout you as soon as. Sounds like i might be needing it! xxx

[Fendyweather]

I shall be using it myself for my pre 6 year claim, once I can get my damn hands on the info. Nut west being extremely non forthcoming with SAR request for the pre six years. Miserable s*ds. Theyre determined to make this as hard as poss for me. xx