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Well Cobbetts are getting quicker - defence received today - short version no Cpr 18 request - maybe cos thsi is my 2nd NW claim.
First 3 paragraphs say that the claim is not particularised properly and is requesting a case management conference so that I be allwoed to particularise claim properly.
I did this on N1 form - 3 copies with schedules atttached - 2 to court, 1 for me. Shall I just write back to Cobbetts and point this out or shall I wait for aq?
Here is the full defence and my proposed letter to send back to Cobbetts any thoughts welcome - this is my 2nd claim with them - the first isn't settled yet.
1. This Defence is filed and served without prejudice to the Defendant's case that the Particulars of Claim do not disclose reasonable grounds for bringing a claim against the Claimant to recover the bank charges (and interest thereon) referred to in the Particulars of Claim or any other sum(s). In the event that the Claimant does not properly particularise her claim then the Defendant will apply to strike out the claim and/or for summary judgement in respect of the same.
2. On allocation the Defendant invites the Court to direct that there be a case management conference in order for the Court to consider the making of appropriate orders to give the Claimant the opportunity to properly particularise her claim.
3. No admissions are made as to what charges have been debited to the Claimant's bank account.
4. In relation to the allegation that the contractual provisions pursuant to which the charges have been applied are unenforceable by virtue of the Unfair Contract Terms Act 1977 ("UCTA 1977") and/or the Unfair Contract Terms in Consumer egulations 1999 ("the Regulations") and/or the common law, the Claimant is required to identify:
4.1 (a) the section(s) of The Unfair Contract Terms Act 1977 ("UCTA 1977"); (b) the regulations of The Unfair Contract Terms in Consumer Regulations 1999 ("the Regulations"); and (c) the principles of common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable; and
4.2 the contractual provision(s) that the Claimant allege are invalid by reference to UCTA 1977 and/or the Regulations.
Until such time as these sections/regulations/provisions are identified the Defendant cannot (save as appears below) plead to the allegation referred to in paragraph 4 above. The Defendant therefore reserves its right to plead further to the allegation once (and if) the Claimant identifies the relevant contractual information.
5. Save as hereinbefore appears the Defendant joins issue with the Claimant on her claim(s) and denies that it is liable to the Claimant as alleged or at all
Proposed reply
Thank you for letter dated 2 November and the enclosed defence, which I acknowledge, receipt of.
With regard to paragraph 1, 2 & 3 of your clients defence, it is my belief that the claim is correctly particularised and that when issuing the claim a schedule of charges was submitted to the court with each copy of the claim. If you are saying that the court did not forward these on to you, then that I believe is a matter to be brought to the attention of the court manager. Please confirm that this is the case, and I will request that the court looks into the situation.
In addition I have supplied your client on 2 occasions a schedule of charges and interest that I am claiming, which was compiled solely from information sent to be by your client. However for ease of reference I have enclosed a further copy of the schedule of charges and confirm that the account number that I am claiming on is xxxxxx, and the sort code is xx-xx-xx
I therefore will be objecting to your request upon allocation for a case management conference as the claim is in fact correctly particularised, and will be requesting a full hearing in the small claims track.
Lots of very long winded legal terminology in an attempt to put you off continuing with your claim.
Perfect response.
I dont know if you have mentioned in your aq or notes to the courts that there is a lack of case history in this area, mainly because the banks have normally settled before their day in court.
Thank you for letter dated 2 November and the enclosed defence, which I acknowledge, receipt of.
With regard to paragraph 1, 2 & 3 of your clients defence, it is my belief that the claim is correctly particularised and that when issuing the claim a schedule of charges was submitted to the court with each copy of the claim. If you are saying that the court did not forward these on to you, then that I believe is a matter to be brought to the attention of the court manager. Please confirm that this is the case, and I will request that the court looks into the situation.
In addition I have supplied your client on 2 occasions a schedule of charges and interest that I am claiming, which was compiled solely from information sent to be by your client. However for ease of reference I have enclosed a further copy of the schedule of charges and confirm that the account number that I am claiming on is xxxxxx, and the sort code is xx-xx-xx
I therefore will be objecting to your request upon allocation for a case management conference as the claim is in fact correctly particularised, and will be requesting a full hearing in the small claims track.
Looks good to me honey, consice and of course accurate and although you are stating that 4 copies of the schedule's of charges have been sent previously you have still attached another. Let's see what happens with this now. They're just fighting for time!!
Boo x
Boobaby Please hit the scales if you think I've helped!
Please note that advice given is purely my opinion and should be treated as such. FAQ’s http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/
HSBC Claim - August 2006 £2,700 paid November 2006
Halifax Claim - August 2006 £4,100 paid December 2006
GE Capital - August 2006 - settled
Log Book Loans - August 2007 - sorted
Thanks guys letters will be posted tomorrow - do I send a copy to court or shall I send a copy with the aq and put on there that I will object ot any request for case management conference as well.
Thanks guys letters will be posted tomorrow - do I send a copy to court or shall I send a copy with the aq and put on there that I will object ot any request for case management conference as well.
Personally I would send it to the Court under seperate cover
Boo x
Boobaby Please hit the scales if you think I've helped!
Please note that advice given is purely my opinion and should be treated as such. FAQ’s http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/
HSBC Claim - August 2006 £2,700 paid November 2006
Halifax Claim - August 2006 £4,100 paid December 2006
GE Capital - August 2006 - settled
Log Book Loans - August 2007 - sorted
Just received an offer of £600. Word for word identical letter as my other claim regarding the loan interest. Lucky I have a word for word refusal to send them.
Just found some post that was delivered the other day and signed for my a fmaily member who was here doing some repairs on house. Cheque for £1082.37 enclosed - usual thing again about the loan interest being irrecoverable and unfounded , cheque in Full and final blah blah - I now have 2 cheques in my in tray that I can't cash!
Well after sending the cheques back again - I have received the full amount from Cobbetts including loan interest, on this claim and my other Nat West Claim.
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.
Nat West - 2nd Claim ** WON **
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Originally Posted by gizmo111
Boobaby
