Thread: Deathjester V NatWest ###won###

Well i've been reading the forum for a while now, and i've started reclaiming my charges, however i've recieved a request from Cobbetts for a CPR part 18 (as it appears a lot of people have) and i was just wondering what i should do about it:

It says:

In your claim you state: "the Defendent applied numerous default charges to the Claimant's bank account".

Please provide the following particulars in support of your claim:
To what account(s) (giving details of the account name, number and sort code) were the charges applied.
In Relation to each charge please identify (a) the date when the charge was charged; (b) the ammount of the same; and (c)the reason(s) given for the charging of the same.
In relation to each charge, please clarify the following: (a)is it the case of the Claimant the same should not have been charged? (b) If yes; please explain why the Claimant contends that the same should not have been charged? (c) If no; is it the case of the claimant that the same should not have been charged in this ammount? (d) If yes; please explain why the claimant should not have been charged this ammount and identify the sum the Claimant contends should have been charged. (e) If no; Please state the claimants case.

In your claim you state that "the charges are an unlawful, extravagant penalty"

Please provide the following particulars in support of your claim:
Please specify the clause(s) pursuant to which the charges were applied
Please specify whether the charges applied were due to a breach of contract by the Claimant
Please identify in each case the particular breach of contract (by reference to the appropriate terms of the contract) that the charge related to.

In your Claim you state that the charges are: "the charges applied constite an unfair penalty under the Unfair Terms in Consumer Contract Regulations 1999"

Please specify all of the facts relied on by the claimant in spport of the contentions in the paragraph above, and in particular please identify the contractual provision(s) that the claimant alleges are invalid by refereance to the Regulations

Now my POC states:

1. Between the dates of 31/01/03 and 29/12/06
the Defendant applied numerous default
charges to the Claimant's bank account.
2. The charges applied constitute an unfair
penalty under the Unfair Terms in Consumer
Contracts Regulations, which state: "A term
is unfair if it requires any consumer who
fails his obligation to pay a
disproportionately high sum in compensation".
The amount charged does not reflect the cost
of the breach.
3. Under the law of penalties, the charges
are an unlawful "extravagant" penalty.
Referring to the case of 1896, Wilson v Love,
a charge is a penalty if it does not reflect
an item's true cost.
4. The claimant claims interest under section
69 of the County Courts Act 1984 at the rate
of 8% a year from 31/01/03 to 23/02/07 of
£217.23 and also interest at the same rate up
to the date of judgment or earlier payment at
a daily rate of £0.49.

This was also sent to the court with 3 Copies of the Bank Chages which i am claiming. So why they need all this information again is beyond me!

Is this just a scare tactic by the bank? And do i just send them the letter in
Here

I'm claiming a total of: £1829 at the moment + the little intrest that should have been incurred since the submission date.

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ABSOLUTELY NOTHING. Cobbetts are notorious for sending demands for CPR18 . As your claim is under £5k it is not necessary. You can reply to the court and cobblers complaining if you wish. http://www.consumeractiongroup.co.uk...equest-16.html. That thread should help you. Also i presume you have sent copies of your spreadsheet to the court and cobblers. If so sit back and wait for the allocation questionaire from the court. Good luck
http://www.consumeractiongroup.co.uk...tml#post436526

Thought as much, I'll send that off tomorrow

Thanks for the prompt response.

Pleasure

Well having done all that I now have a court date of: Tuesday July 3rd at 10am in Brighton county court

I have to have my stuff in 14 days before then:

Now i need:

A witness statement
My account T & C's
All the stuff that they have sent me that relates to penalty charges etc...

anything i might have missed?

Bump for Fendy (!!!)............ has he got everything he needs??? xxx

Cheers fendy, Yeah it's already been allocated to small claims, this is the full sheebang

I've got more than a month, but I don't want to be caught napping in 3 weeks time

That's the spirit!!!!!!!

Good luck deathjester............ let us know how you get on!!! Best wishes, hedgey xxx

Just got my cheque from Natwest....

And it was almost time to hand over my documents as well

They sent me a cheque for £1930 (£100 more than i'm claiming for YAY!)

Cheers everyone.

They have made the cheque out to me, but it also has the Account number of my account

So: XXXX into a/c XXXXX

Does that mean i have to pay this cheque into that account? or can I pay it into another account?