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
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After successfully requesting a list of charges from Natwest over the last 5 years, I've worked out they've taken £2,444 (I was quite shocked at this figure!).
I am sending my request for repayment today via Special Delivery and will keep you posted of my progress.
After successfully requesting a list of charges from Natwest over the last 5 years, I've worked out they've taken £2,444 (I was quite shocked at this figure!).
I am sending my request for repayment today via Special Delivery and will keep you posted of my progress.
The other day I received what looks like a standard response, telling me they weren't prepared to pay or discuss their charges with anyone. I am now going to send out the letter before action.
Recieved a response to my lba yesterday saying sorry I wasn't happy, and thanks for letting them know of my intended course of action. The 14 days are up today, so I'm going to log onto moneyclaim today and work my way through that.
Make sure you use the correct Particulars of Claim, something I didn't do.
1. The Claimant has an account xxxxxxxx with the Defendant, opened xxxx. 2. Since xx/xx/xx the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy is attached. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £xxxx; (b) Interest per S.69 County Courts Act 1984 of 8% - £xxxx continuing at 8% until judgment or settlement at a daily rate of £0.xx; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.
The first is from Cobbetts with a copy of their defence and a CPR Part 18 request.
The second is from the court, again with a copy of the defence and CPR Part 18 request, and an allocation questionnaire.
Just to clarify, my next step would be to fill out the Questionnaire, return it to the court, and send Cobbetts a the CPR Part 18 response letter located in these forums? Do I need to respond to the defence at all?
The second is from the court, again with a copy of the defence and CPR Part 18 request, and an allocation questionnaire.
Oh right, I thought from what you wrote that you had received a request from the Court, which you would be obliged to complete. If you have only received a request from Cobbetts then yes, you are correct, send them this http://www.consumeractiongroup.co.uk...8-request.html
I recieved a letter from the court on Friday - I'm not too sure what it means:
GENERAL LETTER OF JUDGEMENT OR ORDER
Before DISTRICT JUDGE STAPLEY sitting at Newcastle Upon Tyne Country Court, Law Courts, The Quayside, Newcastle Upon Tyne.
Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of recieving it
IT IS ORDERED THAT
The Defendant must file an Allocation Questionnaire by 14th February 2007.
and in default their defence and counterclaim, if any, will be struck out and the claimant will be at liberty to request judgement forthwith.
It is just saying that they have to lodge their aq by that date if they don't then their defence will be struck out and you can get judgement .In other words you will win by default
Ring the court first thing 15th Feb ..if AQ has not been submitted by then point then to the order and say you wish to apply for judgement
This is good
When you want to fool the world, tell the truth. Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any
doubts.
magic_paul vs Natwest **WON**
over the last 5 years, I've worked out they've taken £2,444 (I was quite shocked at this figure!).
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Originally Posted by magic_paul
NAT WEST - WON - £4282.36
