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Hi Guys
Ive just recievied notice of transfer of proceeding from mcol , as RBS have submitted a defence via corbetts , i have a couple of questions
1/ i filed for just under the £5000 with the mcol costs , but if i add the £100 court cost this will take me over the £5000 small claims limit (does this mean i can not use the small claim procedure? or are these cost excluded)
2/ during the period of the claim rbs have continued to add costs and penalty interest charges , will i have to caim for these separately .
3/ could i subdivide my mcol case into two separate claims ie 2005 2006 or is it to late to do this .
4/ allocation questionaire - has anyone advice on filling this out ie standard text?
5/ corbetts say i need to state the section of the unfair contract terms act 1977 , can anyone help here
6/ they also chunner about cpr part 18 , i know i read that this does not apply , but i need to understand what it is and why it does not apply
7/ anyone else got this far and had a defense from corbetts for rbs ?
read he longer threads, theyve got plenty of info...fee isnt included so will be small claims track, can claim the subsequent charges in a later claim so doesnt take u over small claims limit
check out big cols, tomba90s, willows, as well as mine
and check out the ones which have already their charges back such as gargoil, staceymason etc... dont think theres much that could possibly happen which hasnt happened in our threads
1/ i filed for just under the £5000 with the mcol costs , but if i add the £100 court cost this will take me over the £5000 small claims limit (does this mean i can not use the small claim procedure? or are these cost excluded) Court fees and 8% interest are excluded from the £5000 limit
2/ during the period of the claim RBS have continued to add costs and penalty interest charges , will i have to caim for these separately . Yes
3/ could i subdivide my mcol case into two separate claims ie 2005 2006 or is it to late to do this . Too late 4/ allocation questionaire - has anyone advice on filling this out ie standard text? See guide here: http://www.consumeractiongroup.co.uk...ompletion.html
5/ corbetts say i need to state the section of the unfair contract terms act 1977 , can anyone help here
6/ they also chunner about cpr part 18 , i know i read that this does not apply , but i need to understand what it is and why it does not apply
Send them this letter:
CPR REQUEST REFUSAL
Dear Sir or Madam:
Claim No: XXXXX
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 enclose a schedule of charges and I confirm the charges I am claiming were applied to the following account:
read he longer threads, theyve got plenty of info...fee isnt included so will be small claims track, can claim the subsequent charges in a later claim so doesnt take u over small claims limit
check out big cols, tomba90s, willows, as well as mine
and check out the ones which have already their charges back such as gargoil, staceymason etc... dont think theres much that could possibly happen which hasnt happened in our threads
DAVID CAN YOU ADVISE ON FORM N149/ALLOCATION QUESTIONAIRE RECIEVED FROM HMCS
help needed defence filed via corbetts
have submitted a defence via corbetts , i have a couple of questions
Reply With Quote
Re: help needed defence filed via corbetts
Originally Posted by davidhannam
