Thread: Help Required

I'm hoping this might get a better response here than the Natwest forum, I feel that a lot of people there may not be this far ahead so are unable to offer advice, hopefully this forum will provide more hrlp.

Taking Natwest to court, Cobbetts have sent their defence today, along with CPR18 request.

So far, this is my response:

In response to your defense and CPR18 request dated 11th August please find enclosed a list of unlawful charges applied to my account between 2001 and 2006. I have sent this list to Stuart Higley at Natwest twice (16th June and 26th June) whose final response was that he would be notifying Natwests lawyers and litigation department of my intentions to pursue this through the court. I assumed he would have provided you with this information already and if not, Natwest have full access to my past statements and could have provided a list of charges themselves no doubt, if they had so wished. I feel this, along with your decision to leave filing your defense to the very last day a poor excuse to drag things out longer than necessary.

In reference to the CPR part 18 Request, well, I’m sure you already know that this does not apply to the small claims track and it is not necessary to respond, this inquiry is nothing more than an intimidatory tactic of which I will bring to the notice of the court.

Is this sufficient enough? Is there anything else or anything more specific I need to add? Does a copy of this letter along with a list of charges need to be forwarded to the court as well?

thanks

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http://www.dca.gov.uk/civil/procrule.../pd_part18.htm

have a read of this about cpr18

Hmmm, thanks I'm not too sure that's necessary.

I'm only claiming £866 (+ interest and costs, £1200 or so in total) so I believe this will be allocated to the small claims track. As it's the small claims track then the CPR18 (from what I've read here) is irrelevant and not necessary to respond to.

Cobbetts letter basically said my Particulars of Claim didn't particularise my claim enough (due to MCOL limiting how much you can fill in). Is sending them the list of charges (with dates, kind of charge, how much for, etc) enough information for them? Do I need to supply copies of my statements or should I leave that for them to arrange? Seeing as Natwest have access to this information, am I expected to do all the work or should they have to check themselves (also so they can confirm that my list of charges is accurate)?

Is there any more information I need to add or provide them with, anything else I need to do (notify the court, etc?) or is it simply a case of sending them the charges and telling them to bog off in regards to the CPR18?

im only new to this myself but a mod will be along shortly who know more but reading that has the cpr18 request been laid out properly ie

A Request (whether made by letter or in a separate document) must ?
(a)
be headed with the name of the court and the title and number of the claim,
(b)
in its heading state that it is a Request made under part 18, identify the first party and the second party and state the date on which it is made,
(c)
set out in a separate numbered paragraph each request for information or clarification,
(d)
where a Request relates to a document, identify that document and (if relevant) the paragraph or words to which it relates,
(e)
state the date by which the first party expects a response to the Request.

you can tell them to bog off but you have to follow this

(1)
If the second party objects to complying with the Request or part of it or is unable to do so at all or within the time stated in the Request he must inform the first party promptly and in any event within that time.
(2)
He may do so in a letter or in a separate document (a formal response), but in either case he must give reasons and, where relevant, give a date by which he expects to be able to comply.

4.2 (2)
Where a second party considers that a Request can only be complied with at disproportionate expense and objects to comply for that reason he should say so in his reply and explain briefly why he has taken that view.

so it looks like you may need to reply but only if its in the proper requested format.

Check here:

http://www.consumeractiongroup.co.uk...ighlight=CPR18

As you'll see, you can tell the solicitors that you won't be replying to their CPR18 as it isn't necessary. You can, if you want, even submit them your own CPR18 request.... which they'll promptly ignore