Having raised my claim through MCOL I could not attach the summary of charges, so I sent them separately via post to MCOL in Northampton with my reference number clearly marked. This morning I recieved 2 letters one from the courts to say the claim has been transferred to where the claimant lives and a Aq to be completed, and a letter from Corbetts in 2 parts 1. Defence 2. Request for further information.
I have read other post in the forum but mine appears to be slightly different I don't know if I should take the same approach as others or is this totally different Please help. Defence 1.The defence is filled and served without prejudice to the defendants case that the particulars of claim do not disclose reasonable grounds for bringing a claim against the claimant to recover the bank charges and intrest theron refered to in the particulars of claimor any other sum. in the event that the claimant does not properly particularise his claim the the defendant will apply to strike out the claim and or any summary for judgement in respect of the same.
2.No admissions are made as to what charges have been debited to the claimants bank a/c
3.Although the claimant refers to alist of charges, one was not attached to the claim and has not been received.therefore the claimant is put to strict proof of each and every charge the subject of the claim and must identify in respect of each charge(a) the date the same was debited (b) the amount of the same and (c) the description applied to the charge.
4.In relation to the allegation that the contractual provisions pursuant to which the charges have been applied are unenforcable by virtue of the Unfair Contract terms of act 1977(UCTA 1977) and/ or the unfair contract terms in consumer reg 1999.The claimant is required to identify : 4.1 (a)The section of the unfair contract of terms act 1977 (b) the regulation of the unfair contrcat of terms in consumer regs 1999 and (c) the principles of common law relied upon by the claimant in alleging that the contractual provisions referred to are unenforcable; and 4.2the contractual provisions that the claimant allege are valid by reference to UCTA1977 and /or the reg.
Until such time as these sections are identified the defendant cannot plead to the allogation referred to in paragraph 4 above. The defendant therfore reserves the right to plead further to the allogation once the claimant identifies the relevant contractual information.
5. to assist the claimant with the paper particularisation of his claim the defendant serves with his defence a request made pursuant to CPR part 18.if the claimant fails to provide the particulars requested inthe time stipulated and / or defects with the claim (referred to in para1) remain then the defendant will apply to the court for an order striking out the claim.
6. Pending the proper particularisation of the claim the defendant is unable to plead to the claimant's claim beyond at this stage denying that the defendant is liable to the claimant as alleged in the claim or at all. The defendant reserves the to amend this defence to plead further to the claimant's once or if the claimant properly particularise the same.
7.The claimant is time barred from bringing a claim of unathorised bank charges prior to 5 sept 2000 by the provisions of section 5 of the limitation act 1980
8. save as hereinbefore appears the defendant joins issue with the claimant on his claim and denies that it is liable to the claimant as alleged or at all.
The Letter from Corbetts outlined: 1. This request is served pursuant to CPR part 18
2. The reason why this request has been served are set out in the defence
which has been served by the defendant.
3. You are asked to provide a response to this in accordance with CPR part 18 by 20th Oct 2006
4 If you are unable to provide a response by this date then you should
immediately contact the defendant solicitor etc.
Request
In your claim you state the claimant claims the return of the amounts in respect of charges
2.Please provide the following particulars in support of your claim :
2.1 In relation to each charge please identify date / amount / reason
2.2 in relation to each charge please clarify the following (a) is it case of the claimant the same should not have been charged (b) if yes please explain why the claimant contends that the same should not have been charged (c) if no is it the case of the claimant that the same should not have been charged in this amount, (d) if yes please explain why the claimant contends that the same should not have been charged in this amount and identify the sum the claimant contends should have been charged (e) if no please state the claimants case.
3. in your claim you state that the charges are unforceable by virtue of the unfair terms in consumer contracts reg 1999 the unfair contract terms act 1977 and the common law,
4. pleaes specify all of the facts relied on by the claimant in support of the contentions in para 3 above , and in particular please identify (a) sections of the unfair contract terms act 1977 (UCTA 1977) (b) the regulations of the unfair contract terms in consumer regs 1999 and (c) the principles of common law relied upon by the claimant in alleging the the contractual provisions referred to are unenforceable. Please also identify the contractual provision that the claimant alleges are unenforceable by ref to UCTA/the Reg
Its all gettig very stressful iwnat to carry on but don't know if i am making any progress please help
Just about to start 
Next step with NatWest (Help) 
