Thread: ChiChi V NatWest ******WON*******

Hi there i wonder if anyone can help? I completed my Natwest AQ questionairre with the information in the template and as seems quite normal Cobbets completed the AQ with the fact I had not provided the right information and they may appeal for it to be struck out. Today I recieved the following Judgment and I am a bit stuck on what I should do now?

It is ordered that
1. The claim be stayed as it makes no serious attempt to comply with CPR 16.4(1) by setting out a concise statement of the facts. (Stylised particulars do not constitute compliance.)

The claimant must amend or substitute its particulars of claim setting out the claimants case in plain English by 4.00 on 14th February 2007 and in default, the claim be stuck out without further notice.
If the above order is complied with the Defendant has permission to file and seve an amended defence in accordance with CPR 16.5 setting out its case in Plain English

2 This order was made without a hearing. Any party affected by it may apply within 7 days of service for it to be set aside, varied or stayed.

Of course i have aloong the way supplied the statement of charges with every letter i have sent.

Any advice would be much appreciated thanks

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am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.


Is the exact wording I put in is this ok?

The Claimant has an account ******** with the Defendant, opened 1990 2. Since 29/09/00 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 will be sent. 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% - £xxx 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.


Just copied this off my claim form, and this is the same one i used against Abbey?

many thanks for the advice I will do that tomorrow and get it sent to the judge.

Just one more question
You say submit the POC on plain paper, I have the lawpack recommended on this site so i can download forms . Do you think it would be better for me to complete a new N1 form? Or just submit it on plain paper set out as a N1 form? Many thanks for your help.

HI, Yesterday I received the following from the court - does anyone know of anything similar? Has anyone any advice on how to proceed, should i organise the telephone conference etc? It has thrown me a bit as i have not seen this before and i have been coming on and reading on the forum since last July? Any help would be greatly appreciated.

Notice of Allocation or Listing Hearing

District Judge ***** has considered the statements of case and allocation questionnaires submitted in the claim and has decided that a hearing is necessary before a final decision about allocation can be made.
Reasons for hearing are as follows: The Legal Arguments Make Claims of this nature unsuitable for Small Claims Track

District Judge ***** orders you to attend at 10am on the 21 March 07
Important Notice

The hearing of this case will take place by way of telephone conference.

The Claimants/Defendant’s Legal Representative is ordered to arrange the telephone conference.
Please quote telephone number ***** ****** when arranging your telephone conference.
Time estimates for hearings must be accurate, as they will not be allowed to over-run. In the event that a time estimate is insufficient then please contact the court. Please note that time has been allocated for the judge to read all papers in advance of the hearing.

Thank you so much Michael starting to get a bit jittery now, what format do you think the call will take? have you heard of this happening before? should i make special preparation for it? Do you think something like below will suffice to send to cobbetts?


I am writing with reference to the Notice of Allocation or Listing Hearing issued from District Judge ***** on 1st March 2007 (copy enclosed).

District Judge ***** has ordered that a telephone conference be set up on the 21 March 2007 at 10.00am.

CPR 23 2.4:
The claimant's legal representative (if any), or the legal representative of such other party as the court directs, shall be responsible for arranging the telephone hearing.

As detailed above normally the claimant has to arrange the telephone conference, unless she is unrepresented (i.e. by a solicitor), in which case it is the responsibility of the defendants solicitors.

Can you please confirm that you will be arranging this, please confirm in writing details of the conference call when it has been arranged.

Yes, that seems fine to me. How much are you claiming? Over £5000?

under 2k

I was thinking i might prepare the court bundle and send it in to the judge pre telephone conference ? Also there have been some excellent supporting articles in The Independent and a large article in the News Of The World that i would like to send in. I realise i would not be able to claim any costs for preparing this but wonder if it would be worth it? Can this be used as supporting documentation pre court date? Or should i just try and get them to settle prior to the call?

This an Allocation Hearing. See here:
Court Date? - A Guide to Different Hearings
GOT A COURT DATE? A guide to the later stages

There is no need to send a court bundle to the court. Send the letter to Cobbetts and after a week or so phone them to see what they have arranged.

Thanks Michael that helps put my mind at rest