rbs solicitors what they are asking

**MARTIN3030** · 1st August 2006 06:56

Saw this today.
From a case they are defending........this is what they are asking.

Information requested by banks solicitors:
1. Account details (No., name, sort code)
2. Breakdown icon

of charges
3. In relation to claim that the charges are a disprpportionate penalty and therefore unenforceable: a. Specify the clause(s) persuant to which the charges were applied -b. Specify whether the charges were due to a breach of contract - c. Identify in each case the particular breach by reference to terms of contract.
4. Please specify all the facts relied on in claim that charges were invalid under the Unfair (Contracts) Terms Act 1977 and Unfair Terms in Consumer Contracts Regs 1999 Goods & Services.
5. In relation to each charge please clarify: a. is it the case of the claimant the same should not have been charged? b. If yes, pl;ease explain why. c. If no, is it the case that you should not have been charged in this amount? d. If yes, please explain why. e. If no, please state the case.

Similar Threads:

**Sophie-Jane** · 1st August 2006 07:40

Sounds to me its another stalling tactic, they should by this stage (Solicitors) have been told what the Claiment is claiming for, Why and under what statues etc

Without prior correspondence that the Claiment has posted, and the replies, It would be unwise to reply back to the solicitor at this stage

Or am I not getting something here ??

**MARTIN3030** · 1st August 2006 08:23

Yes its a challenge but a poor one.

This is why its so important to be thorough and make sure they have been given all this info.

I read recently of a Barclays icon

case whereby the claimant was being asked to complete the allocation questionaire.
Barclays claimed he had not given them an account number/list of charges etc.

This despite him sending letters/schedules from the beginning.

Then there was Abbey icon

.........they complained to the Judge that the defendant had not sent a copy of their terms and conditions icon

in with the claim ??

:o

**Karnevil** · 1st August 2006 08:40

God, it sounds like they are asking the client to spell out the bt that they should be defending.... can you ignore this kind of letter, and just write back saying I already have given you this information in my claim and correspondance, its up to you to research it.

**MARTIN3030** · 1st August 2006 08:49

Another one here

http://www.consumeractiongroup.co.uk...est-story.html

This time Nat West.

**Karnevil** · 1st August 2006 08:55

ahh ! they are part 18 icon

requests..... so you just write back and say its not applicable to small claims ?

letter to deal with part 18 requests;

Originally Posted by original author's been edited out over time I guess sorry

Dear Sir or Madam:

Claim No:

I Acknowledge the receipt of the defence posted on behalf of National Westminster Bank icon

plc.

I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative

Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. However, for clarity, I confirm the charges I am claiming were applied to the following account:

Account Name:

Account number:

Sort Code:

Please also find enclosed a Breakdown icon

of all charges I am claiming.

Yours sincerely

**MARTIN3030** · 1st August 2006 09:12

Actually no I think this was quickly drafted as a short but swweet response for Toilet Bandit to send in.

**davidhannam** · 1st August 2006 11:56

hey, sounds like i got exactly the same defence letter!...Cobbetts must just have it on their computers ready to be sent out....

i replied.....

I acknowledge the receipt of the defence posted by Cobbetts on behalf of Royal Bank of Scotland icon

(RBS

).

In Cobbetts defence response, they requested further information under CPR part 18 icon

. The guidance that I have received indicates that CPR Part 18 does not apply to the small claims track and is therefore irrelevant in this case. I am sure that Cobbetts are already aware of this and I can therefore only conclude that the inquiry was intended to intimidate. However I am aware that Part 27.2(f) applies subject to paragraph 3 of part 27.2 which states that the Court of its own initiative may order a party to provide further information if it considers that is appropriate to do so. In acknowledgment of this and in good faith as well as respect for the court I will provide the following information.

Breakdown icon

of charges, account details etc...also put RBS details of charges etc...(know didnt really need to but didnt get reply in my post about what to say back so thought better safe than sorry, and anything to possibly speed it up!)

However as stated in my original claim and letters the charges laid out in the original contract are unlawful penalty charges and cannot be legally enforced. i.e. charges in relation to unauthorised overdraft icon

, Referral, Chq/DD/SO Unpaid and Default Notice etc are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2 (1) (e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

I hope this clarifies the situation for you.

...............

sent this off to cobbetts and the court couple of weeks ago now, does anyone know what the next stage is, and when? cheers

**MARTIN3030** · 1st August 2006 12:18

Simplt really...........they have to go on and defend..........or pay up !!

(and we all know which one it will be )

**aisforandy** · 1st August 2006 12:31

Have just had the smae letter - I didn't catch this thread before updating my own, but info here is proving helpful - many thanks.

Ajs - rbos
http://www.consumeractiongroup.co.uk...-ajs-rbos.html

**stacymason** · 1st August 2006 13:51

yeah I had exactly the same as well, just re sent the spreadsheet and account number and told them no to other CPR part 18 icon

requests.

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