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hey there, i started claiming my charges back a while sgo, all was going pretty much as all the sites on this said until the last bit which has puzzled me greatly!
my bank (Natwest) has filed a defence asking for more information most of which i have already given them and the rest most of it i dont have and have never had.
they also ask for specific clauses and facts that i'm really not sure of
has anyone else here encountered this? if so what did you do?
Standard response, regrettably - no need to be too puzzled!
Get planning, work out your tiimetable, and wait for the aq - use the time to do more research on this site. Don't waste time, make a plan and keep to it.
The Claimant respectfully suggests that special directions may be made as per the attached draft order.
If ordered, the Claimant believes the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.
- The crux upon which this claim rests is the actual loss suffered by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the Unfair Terms in Consumer Contracts Regulations 1999 and common law principles established since the early 1900's.
- In the event that the Defendant's charges were accepted as being a fee for a contractual service (which is refuted), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.
The Claimant believes that if the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, that it is imcumbent on it to disclose such information. Further, the proposed directions are already routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts.
As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that this claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.
shall i simply write 'The Claimant respectfully suggests that special directions may be made as per the attached draft order.' under other information then put the rest of the info on a seperate sheet and title it draft order?
sorry to have so many questions but i just want to make sure i get this write and sort it asap
excellent job done...
in relation to the draft order, what exactly is a statement of evidence about and where do i get copies of decided cases and other legal materials relied upon?
What on earth would we all do without Michael. Hes quite quiet, doesnt get into conversation, but boy does he come up with the info every time. Great man. Brilliant. Fendyxx Im such a fan.
NATWEST BANK CLAIM - £16,100.00 WON
ABBEY BANK - £5500.00 WON
CAPITAL ONE VISA - £1800.00 WON
HUBBYS CAPITAL ONE VISA £2012.00 WON
TOTAL WON TO DATE: £25,400
************************* ************************
NATWEST BANK -CLAIM 2 PRE 6 YEARS- ONGOING
ABBEY BANK -CLAIM 2 PRE 6 YEARS - ONGOING
YORKSHIRE BANK - AT SAR STATUS
HALIFAX CREDIT CARD - AT SAR STATUS
PLENTY MORE TO START LATER.
STRENGTH IS SOMETHING YOU CHOOSE IN LIFE, ITS A CONSCIOUS CHOICE YOU MAKE, YOU ARE NOT BORN WITH IT. YOU LEARN IT.
STRENGTH, YOURE NOT BORN WITH IT, YOU LEARN IT DUE TO WHAT LIFE DOES TO YOU.
today i became mighty confused! i got a letter from the court saying the same thing for the third time! it is a copy of natwests defence and a request for further info.
i hhd 2 on the same day one from cobbetts one from the court with a transferal of proceedings from northampton to brighton county court and then the same arrived today but with brighton coyunty court stamped all over it!
is this normal and should i just carry on as i have been in previous posts!
If you file through MCOL your case is automatically transferred to your local court when a defence is lodged. Carry on as before but address any correspondence to Brighton Court rather than Northampton. Northampton court is simply the processing centre for all MCOL claims it can not deal with claims once a defence is lodged.
CONGRATULATIONS!!!
Fax cobbetts a copy of the court order - although they've probably got it anyway! And it won't hurt to phone them either. Well done - enjoy your winnings!
Best wishes, hedgey xx
jasonic86 vrs NatWest**WON**
) has filed a defence asking for more information most of which i have already given them and the rest most of it i dont have and have never had.
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DUE TO WHAT LIFE DOES TO YOU. 
