Thread: stoney8 v rbs

Hi there, i am a new user on this site and am starting to get out of my depth, i have used proforma letters taken from another website and gone through all the same processes that i have read about on this site. Last month i filed a claim on the money claim on-line website and i received an 'intention to defend' reply from cobetts solicitors that has been mentioned on other threads. Their deadline was the 26th march. yesterday i found a pack from cobetts containing 1/ Defence and 2/ Request for Further Information. Information was supplied from Lynsey Burgoyne. I have already supplied the bank with a list of all the charges that i am claiming for. What advice do people suggest, how best do i provide this information ? what is my course of action now ?

the easiest way to describe is to write it out ;

REQUEST FOR FURTHER INFORMATION AND CLARIFICATION

NOTES

1. This request is served pursuant to CPR part 18 alternatively with regard to CPR Rule 27.2(3)
2. The reasons why this request has been serves are set out in the defence which has been served by the defendant
3. You are asked to provide a response to this request in accordance with CPR Part 18 by 3rd April 2007
4.If you are unable to provide a response by this date then you are asked to contact the deendants solicitors promptly and tell them when you will be able to provide a response.
5. In the event that you do not provide an adequate response to this request by this date then the defendant can apply to the court for an order requiring you to provide the information requested or an order striking out the claim.

THE REQUEST

1. In your claim you state ;"the defendant made various deductions from the accounts"
2.1 To what acc's (giving details of the account name, number and sort code) were the charges applied.
2.2 In relation to each charge please identify a) the date b) the amount and c) the reasons given for the charging of the same.
2.3 ain relation to each charge, please clarify the following: a) is it the case of the claiment the same should not have been charged ?
b)if yes; please explain why the claiment contends that the same should not have been charged ? c) if no; is it the case of the claiment that the same should not have been charged in this amount ? d) if yes; please explain why the claiment contends that the same should not have been charged in this amount and identify the sum the claiment contends should have been charged e) if no, please state the claiments case.
3. In your claim you state that "the claiment will contend that (the charges) are unenforceable in common law, being penalty clauses".
4. Please provide the following particulars in support of your claim:
4.1 Please specify the clause(S) pursuant to which the charges were applied;
4.2 Please specify whether the charges applied were due to a breach of contract by the claiment;
4.3 Please identify in each case the particular breach of contract (by reference to appropriate terms of the contract) that the charge related to.



So is all of the above just meant to scare me off, should i reply, what do i say in reply ? is this a standard response from cobett's?

please help.

i have just received notification that my case is being transferred to my local court and that i have to fill in a questionairre thats costing £100, can i add this cost to my claim and is their a thread anywhere i can read for tips on how best to fill this questionnaire in ? I dont want to go wrong at this stage !

i wish i had found this site sooner, it is much more in depth than the one i started on, doing my reasearch for filling in my ap questionairre ive realised i have made a grave error, when i submitted my court claim i ticked the button saying i wish to claim interest at 8 % but i never added this figure onto my claim, can i redeem this mistake and claim the interest ?

please help

sorry, im getting confused with something at work, its not ap questionairre, its 'allocation questionairre' and is there a thread anywhere that has examples of people filling it in, ive read the directions in the library but do not understand what i should write in section g 'other information', has anyone any advice ? please help,

hi, need help again, i have received yesterday a copy of the allocation questionairre from the other side, from cobetts. In section g - further information - they have said

"Case management directions cannot be proposed until the claiment serves a reply to the request for further information which was due on the 3rd of april 2007. In the light of this, the defendant may amend its defence or apply to strike out "

i have received no directions from the court as suggested in an earlier post.

Should i be submitting information or wait for something from the court.

Please can someone suggest the best course of action, im getting a little nervous again !

there has been no court order as yet to reply to cobblers. i read the response bigcol gave to them about intimidation and thought it was a great response.

So is my best course of action to wait for direction from the court or put in a response to cobblers aq ?

thanks for all the advice, im starting to feel very confident again.

a quick update, got my court date through and i have been allocated to the 'Small Claims Track (Hearing)' at the end of july and the hearing will take 'no longer than 15 minutes'

The following directions have been applied to my claim :

1/ Each party shall deliver to every other party and to the court office copies of all documents (including expert's reports if the court has given permission for expert evidence to be used) on which he intends to relay at the hearing

2/ The copies shall be delivered no later than 14 days before the hearing

3/ The original documents shall be brought to the hearing

4/ Signed statements setting out the evidence of all witnesses (including expert witness if permission has been given to use them) on whom each party intends to rely shall be prepared and copies included in the documents mentioned in paragraph 1. This includes the evidence of the parties themselves and of any other witnesses whether or not the witnesses are going to come to court to give evidence.

5/ The court must be informed immediatley if the case is settled by agreement before the hearing date.


So can anyone pick the bones out of that, am i right in thinking that being allocated 15 mins that if i even get to court the judge is going to declare me the winner or is that wishfull thinking on my part ?

Off to do more reasearch and get all my 'documents' in order.

i am just prepairing my court bundle and am two letters missing that i sent to the bank at the beginning of my correspondance. They were on the hardrive of my dad's computer which he has since replaced so gone forever. Will this cause a problem for my case ?

also, has anyone produced a 'statement of evidence', i keep reading this term but not sure what it is.

many thanks

THERE'S SO MUCH INFO TO TAKE IN, i have been reasearching today and would like to know if anyone wrote to cobblers after receiving directions from the court, giving them a settlement figure you would accept ?

as advised before, i should take directions from the court only, so i have never supplied cobblers with the Breakdown of my claim. It has also increased since i filed my mcol, extra charges, aq questionairre fee etc, should i be keeping them informed of my current claim figure ?

i feel i should be doing something proactive apart from prepairing my court bundle.

can someone advise please, im feeling lost at sea just now.

about to send my court bundle in but do not have a copy of my terms and conditions of my account ? what is my best course of action now ?

Many Thanks

PLEASE HELP, my claim value today does not match my original mcol value, i.e extra 8% interest, extra charges, + court fees. Do i need to contact solicitors / court to inform them of this or do i just carry on with my updated schedule of charges ?

Your claim value won't match the original value as the 8% s69 interest accrues on a daily basis. Don't worry - whatever your schedule of charges says at the moment is the correct amount.

I've just had a read through your thread and you're obviously working really hard to get everything together right now. Do you have everything you need to submit your court bundle?

thanks for that, i was a bit concerned, youve put my mind at ease, the only thing i dont have and am not sure about is a copy of t's & c's, do i need a copy or can i get by without putting one into the court bundle ?

You really do need to include a copy of the T&C's in your court bundle. If you can't get hold of a copy from when your account was opened, at the very least include a copy of the current ones.

If you have a look in the nat west forum sticky on T&C's, Steven4064 has posted (number 30ish!) the current T&C's and given a commentary on why they're actually penalty charges. It's worth having a look at to see if you could apply some of this to RBoS current T&C's.

Don't leave them out though.