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Hi all,
Thanks to this god send of a site I have managed to get this far without having to post a thread!
I have read from a number of other threads about a Cobbetts CPR 18 Request? When I received a copy of the defence through the post all I received was 3 pages with 6 points and no mention of a part 18 request?
My understanding, having read through other threads, is to proceed with the completion of the aq and reply to Cobbetts explaining all the information they have requested will provided if the judge deems necessery. Is this correct?
Thanks Michael,
However it does seem to indicate that they require further information. I have scanned a copy of the defence received and was wondering if anyone could supply me with an email address so as to take a very quick look and give me an idea as to whether I need to respond to this or just simply complete the aq?
Anyones help woould be appreciated I must submit the AQ by the 22nd which is Monday.
Hi Isubeila, I think we are at the same stage, I received Natwest's defence this morning, same as yours I think, 6 points, no further info required and no CPR 18 mentioned. Will you be sending an acknowledgement receipt? Also, you say that you will be sending yr aq, did you received one already - I haven't!
Thanks Enough,
Yes I have already received my aq but Im unsure how to respond to the copy of the defence they have sent. There is no mention of the CPR 18 and so Im unsure if I need to respond at all?
Further to the above cobbetts have made me an offer which is half of what im claiming for I have no intention of accepting this offer but do I need to inform them of my decision?
I have read many posts and some people do send a letter of rejection, some don't, if it were me I think I would. THere is a reply already compiled to send in the template library I think. How long did you wait for your aq?
I got a copy of the defence direct from Cobbetts then a day or 2 later I received a copy of the defence and the aq from the court. How long has it been since you received a copy of the defence, i take it this was direct from Cobbetts?
Hey egough,
I managed to speak with someone in a chat room last night and I now have a letter prepared to return to Cobbetts give me a shout if you need a copy. Any sign of your aq yet?
Hi there, got my aq this morning and found the info in the template library as to how to fill it out. Got a deadline of 2nd Feb to file it, do you know if I get it back quicker it will speed things up any? Have you filed your AQ yet?
I file mine today (due on the 22nd), I dont think that by submiting it early will make any difference because you and Cobbetts will both have the same deadline date to file the aq and you can be sure Cobbetts will not file thiers until deadline date.
That is my understanding of it anyway. If anyone knows any different I would be keen to hear about it.
I file mine today (due on the 22nd), I dont think that by submiting it early will make any difference because you and Cobbetts will both have the same deadline date to file the aq and you can be sure Cobbetts will not file thiers until deadline date.
That is my understanding of it anyway. If anyone knows any different I would be keen to hear about it.
It is totally down to you when you wish to send your AQ, so long as it's before the deadline.
I filed mine early as it gave me great pleasure in knowing it was gonna cost Nat West a further 100 quid.
Thanks for the replies,
Deller - I have now recived a copy of Natwests aq from Cobbetts. In part G it reads;
'The Claiment has not shown that he has reasonable grounds for bringing the Claim and despite the Defendant requesting that the Claiment remedy the lack of particularity pleaded in the Particulars of Claim, the Claiment has failed to do so.
Case management directions cannot be proposed until the Claiment fully particularises his claim. In light of this, the Defendant may amend its defence or apply to strike out.'
I understand that the particulars of claim was included in the original claim sent to the court. I used the template from this site so is there any reason they should be asking me to 'Fully particularise my Claim'?
Further to the above after I received a copy of their defence, again claiming that I had not properly particularised my claim, I sent the following letter provided from this website.
I have received your defence.
I notice that you say that my particulars of claim discloses no reasonable grounds for bringing a claim against the defendant.
I have to say that I find this frankly surprising. I have clearly identified the account contract to which I'm referring. I have made it quite clear the source of the monies which I am claiming is derived from money taken by your clients in respect of my breaches of the account contract and I have even supplied a detailed Breakdown of the charges on a separate schedule. And I have also explained why I consider that the charges are unenforceable and that they are unenforceable at common law.
I will add now that the recent Office of Fair Trading report concluded that bank penalty charges are indeed excessive and in breach of the common law because they exceed the actual costs caused by my breach. It is true to say that the OFT report dealt principally with consumer contracts, but as there is absolutely no difference in the penalty charges between consumer contracts and business contracts it is clear that there is a read-across from the OFT consumer-oriented report to business accounts.
Finally I have made it clear the total figure which I am claiming.
As I have clearly stipulated
A. The contract
B. The term of the contract in question
C. The wrong which I say you have committed
D. The amount of my damage suffered
I really do not see what else you expect to find in my particulars of claim. In fact I would say that your defence does not answer my particulars of claim in any way and therefore this letter which I am copying to court is my formal request to the court to grant me a summary judgement for the entire sum claimed.
You have a further 6 days to file a proper defence before the date for the submission of the allocation questionnaire and if you do so then I will say now that I will raise no objection to your amendment.
I have noticed quite recently that there are now several cases or on the same bank charges issue which have now been transferred to the mercantile court in London. I also understand that there may be a group action on the same issue and that there may even be an attempt to refer the OFT failure to take their own action.
If you decide that you wish to oppose my application for summary judgement then I suggest that you let me have your amended defence directly as well as filing your copy with the court.
Yours sincerely,
Have I anything to worry about? should I send them any further information or just hold tight and wait for information from the court?
'The Claiment has not shown that he has reasonable grounds for bringing the Claim and despite the Defendant requesting that the Claiment remedy the lack of particularity pleaded in the Particulars of Claim, the Claiment has failed to do so.
Case management directions cannot be proposed until the Claiment fully particularises his claim. In light of this, the Defendant may amend its defence or apply to strike out.'
I have read this far too often, you'd think by now they would have come up with something a little more original.
You've used the POC from this site, and they have been tried and tested many, many times, all successful may I add. This is a typical scare tactic from Cobbetts to try and intimidate you, don't be alarmed by this as it has happened to many others and I'm pretty sure it'll happen to a lot more in the future. So far you've followed the correct procedure and therefore have nothing to worry about. It's now a case of sitting tight and waiting for directions from the court.
Hi Isubiela, I received Cobbetts aq today and it says exactly the same as yours, I'm so relieved that someone else has had that response too!!! As you say, I too filled in my N1 form with the POC from the templates library so don't know what they are going on about!!! Have you heard anything else? I hope we don't get a court date!!!!! Let me know!! Good luck!
The deadline date for my aq was on the 22/01/07. To date I have heard nothing from the Court or Cobbetts so I gave the court a call this morning just to make sure they had received my AQ and how long I could expect to wait and was told the claim had been passed to the judge and so could expect to hear something within the next two weeks. Im guessing when I hear from the Court it will either be a court date or they have acted on the draft order of directions I sent with the AQ. Hopefully the latter as, from what I have read, this should be the quicker route.
The deadline date for my aq was on the 22/01/07. To date I have heard nothing from the Court or Cobbetts so I gave the court a call this morning just to make sure they had received my AQ and how long I could expect to wait and was told the claim had been passed to the judge and so could expect to hear something within the next two weeks. Im guessing when I hear from the Court it will either be a court date or they have acted on the draft order of directions I sent with the AQ. Hopefully the latter as, from what I have read, this should be the quicker route.
Hi Isubiela,
I too received exactly the same AQ from Natwest, loada dribble and scare mungering. Frustrating I know, but nothing to worry about.
Like me, it's just a matter of waiting for directions from the judge, be it a court date or to extend you POC further.
Originally Posted by egough
Oh bugger, I never sent a draft order with my AQ. Keep me updated!!!
Don't worry, neither did I, it's not obligatory, just another option is all.
In your court bundle, don't you have to put in the actual terms and conditions that Nat West were operating under?
What if you didn't keep the old T's & C's?
If you turn up at court alleging that the terms are unlawful etc, surely you have to quote/show/read them? If you are alledging that they are invalid, the Judge will want to see them, surely?
Or is it a case of saying I want the charges back, and they have to prove they were lawful? In which case, can't they just stand there and say "Which Terms are you saying are unlawful? Come on, show us."
If you can't produce them, doesn't that blow your case out?
You can hardly say that you want to borrow theirs, can you.
Or do they have to put them into their court bundle?
A very good and intersting question, Todge, but one that you should have saved for your own thread
I have just gone to national Westminster Banks website and entered in a search for terms and conditions and have come up with a number of different hits, depending on what account you have. So if you needed them, and in the unlikely event that you actually make it to court before they crumble and pay you in full, then the information is at your disposal.
Hope this helps.
Lee v Natwest (Natwest Defence Filed)
and reply to Cobbetts explaining all the information they have requested will provided if the judge deems necessery. Is this correct?
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Originally Posted by lsubiela
CURRENT CLAIMS
