Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I've today received a defence from Cobbetts saying I need to provide Account details, charges information. Do I actually do this, some threads I've read say CPR Part 18 is not applicable to the small calims court (ie. under £5,000) and some say they have given the information to Cobbetts. I'm not sure what to do or whether I should just wait for the allocation questionnaire to arrive from the Court??
just reply saying that cpr pt 18 does not apply to small claims etc
Cobbetts LLP
Ship Canal House
King Street
Manchester
M2 4WB
*date)
Dear Sir or Madam:
Claim No: xxxxxxxxxxxx
I acknowledge receipt of your defence & request for further information and clarification.
I anticipate that the claim would 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:
Do not worry. It is just scare tacticts. They will also say in their next letter that they believe your case will fail in court. Of course they do not really believe that, otherwise they would let all these cases go to court instead of settling in the last minute. I bet the letter you have received is also a standard letter they send out to every claimant.
Remember when you filled out that spreadsheet to work out the interest, so you could include this in your claim? Simply print this out and send it back to them with the letter as suggested in this thread (you may have to slightly edit saying you are including a list of the charges). That should make it easy for them to see how it's all worked out.
HELP NEEDED - Completing Allocation Questionnaire!
Can anyone help me answer questions on my allocation questionnaire please, I've read the notes but am still not entirely happy I am answering the questions correctly:
A - Settlement - Do I want to give them a one month stay? - I GUESS NOT AS I'VE GIVEN THEM LONG ENOUGH ALREADY?
C - Pre-action Protocols - I've completed Part 2 (no pre-action protocol appplied to this claim) and YES, I have exchanged documents (evidence) to other party - IS THIS THE CORRECT ANSWER?
F - Proposed directions - What is a list of directions? It's asking if I'm going to attach them and if I've agreed them with the other party - I DON'T KNOW AS I DON'T KNOW WHAT DIRECTIONS ARE?
Other Information - Information to help the judge manage your claim - CAN ANYONE GIVE ME SOME INSPIRING WORDS PLEASE?
VERY VERY NERVOUS THAT I MIGHT BE GOING TO COURT NOW AS QUESTIONNAIRE HAS TO BE BACK BY TUESDAY 12TH SEPTEMBER AND NOT A PEEP OUT OF COBBETTS YET!!!!!!!!!!!!!!
It is out client's contention that your Particulars of Claim did not properly particularise your claim. For example, out client cannot properly defend a claim where you have not given your account details and the details of each charge you claim is disproportionate and unreasonable.
The Court is bound by an overriding objevtive to deal with cases justly and ensure that parties are on an equal footing. It was clearly the case that our client could not respond to your claim where you did not provide sufficient particulars. Our clainet there object to yoru alledgation that the request is intimidating.
I DID SEND THEM THE EXCEL SPREADSHEET LISTING WHAT THE CHARGE WAS FOR , DATE INCURRED AND interest CALCULATED. AT THE TOP OF THE SPREADSHEET IT CLEARLY INDICATED ACCOUNT NAME AND NUMBER.
Has anyone else received a letter like this, am I going crazy or are they just trying to intimidate me further?!! HELP!!!!
It is out client's contention that your Particulars of Claim did not properly particularise your claim. For example, out client cannot properly defend a claim where you have not given your account details and the details of each charge you claim is disproportionate and unreasonable.
The Court is bound by an overriding objevtive to deal with cases justly and ensure that parties are on an equal footing. It was clearly the case that our client could not respond to your claim where you did not provide sufficient particulars. Our clainet there object to yoru alledgation that the request is intimidating.
I DID SEND THEM THE EXCEL SPREADSHEET LISTING WHAT THE CHARGE WAS FOR , DATE INCURRED AND interest CALCULATED. AT THE TOP OF THE SPREADSHEET IT CLEARLY INDICATED ACCOUNT NAME AND NUMBER.
Has anyone else received a letter like this, am I going crazy or are they just trying to intimidate me further?!! HELP!!!!
they tell us all that they dont have information of claim, even though we have all sent account number, sort code, and spreadsheet, write back acknowledging their letter give them account number, sort code and include spreadsheet with your Breakdown of charges, then sit back and dont worry, it is just one of their scare tactics
It is out client's contention that your Particulars of Claim did not properly particularise your claim. For example, out client cannot properly defend a claim where you have not given your account details and the details of each charge you claim is disproportionate and unreasonable.
The Court is bound by an overriding objevtive to deal with cases justly and ensure that parties are on an equal footing. It was clearly the case that our client could not respond to your claim where you did not provide sufficient particulars. Our clainet there object to yoru alledgation that the request is intimidating.
I DID SEND THEM THE EXCEL SPREADSHEET LISTING WHAT THE CHARGE WAS FOR , DATE INCURRED AND interest CALCULATED. AT THE TOP OF THE SPREADSHEET IT CLEARLY INDICATED ACCOUNT NAME AND NUMBER.
Has anyone else received a letter like this, am I going crazy or are they just trying to intimidate me further?!! HELP!!!!
Your thread title says another letter from Cobbets - do you mean this in general oor is this another letter you have received from Cobbets, after the defence and CPR18 request?
Thanks for all your replies, looks like they are just sending out the standard letter which makes me feel slightly better. I will acknowledge the letter and send them another copy of the charges and account details.
I need to return my allocation questionnaire to today, can anyone help me with my queries in my other post (Help with Allocation Questionnaire) please?
If I do give you advice please be aware of the following:
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
03/10/06 - NatWest Claim Settled in Full to the amount of £2344
09/10/06 - 2nd Natwest Claim - Pre Lim sent | Halifax CC S.A.R - (Subject Access Request) Sent | Natwest CC S.A.R Sent
Thanks Logan21 - Would you be able to help me with my queires on my allocation questionnaire, please see above in this thread. I see you have already returned yours.
If I do give you advice please be aware of the following:
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.
03/10/06 - NatWest Claim Settled in Full to the amount of £2344
09/10/06 - 2nd Natwest Claim - Pre Lim sent | Halifax CC S.A.R - (Subject Access Request) Sent | Natwest CC S.A.R Sent
A grey area as to whether you are required to do this, but it is certainly best practice.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
"Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)
Cobbetts Defence Received - ** WON **
. Do I actually do this, some threads I've read say CPR Part 18 is not applicable to the small calims court (ie. under £5,000) and some say they have given the information to Cobbetts. I'm not sure what to do or whether I should just wait for the allocation questionnaire
Reply With Quote
Re: Cobbetts Defence Received - PLEASE HELP!!!
xx
HELP NEEDED - Completing Allocation Questionnaire!
Originally Posted by Agusta109
MCOL submitted 19/07/06 
