Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
1 in your claim you state: “the defendant debited numerous charges to the
claimant’s account”.
2 please provide the following particulars in support of your claim:
2.1 To what account(s) (giving details of the account name, number
and sort code) were the changes applied
2.2 in relation to each change please identify (a) the date when the charge was changed; (b) the amount of the same; and (c) the reason(s) given for the charging off the same.
2.3 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 changed? (c) if no; is it the case of the claimant that the same should not have been changed in this amount? (d) if yes; please explain why the claimant contends that the same should have been charged in this amount and Identify the sum the claimant contends should have been charged . (e) if no; please state the claimant’s case.
3 In your claim you state that “the charges are an unlawful, extravagant penalty”.
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 changes applied were due to a breach of contract by the claimant;
4.3 please identify in each case the particular breach of contact (by reference to appropriate term(s) of the contact) that the charge related to.
5 in your claim you state that the changes are: “contrary to the unfair terms in consumer contracts regulations 1999”
6 please specify all of the facts relied on by the claimant in support of the contentions in paragraph 5 above , and in particular please identify the contractual provisions that the claimant alleges are invalid by reference to the regulations.
1 in your claim you state: “the defendant debited numerous charges to the
claimant’s account”.
2 please provide the following particulars in support of your claim:
2.1 To what account(s) (giving details of the account name, number
and sort code) were the changes applied - This should have been in all previous correspondance with the bank and also in the POC of your claim. If it wasnt, why not?? If it was then this should be pointed out to them.
2.2 in relation to each change please identify (a) the date when the charge was changed; (b) the amount of the same; and (c) the reason(s) given for the charging off the same. This is on your Schedule of charges, if you haven't sent them a full Breakdown (and you should have already several times - Prelim, lba, MCOL) SEND IT NOW. If you have sent it them then a suitably polite-but-pointed letter telling them so will be needed
2.3 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 changed? (c) if no; is it the case of the claimant that the same should not have been changed in this amount? (d) if yes; please explain why the claimant contends that the same should have been charged in this amount and Identify the sum the claimant contends should have been charged . (e) if no; please state the claimant’s case. I really think we are going to needs to see a posting of your POC and some prior history of the claim....it sounds like you haven't particularised very well, possibly
3 In your claim you state that “the charges are an unlawful, extravagant penalty” That doesn't sound like the template
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 changes applied were due to a breach of contract by the claimant;
4.3 please identify in each case the particular breach of contact (by reference to appropriate term(s) of the contact) that the charge related to.
5 in your claim you state that the changes are: “contrary to the unfair terms in consumer contracts regulations 1999”
6 please specify all of the facts relied on by the claimant in support of the contentions in paragraph 5 above , and in particular please identify the contractual provisions that the claimant alleges are invalid by reference to the regulations- I don't think you have to respond to 4,5 or 6 at this time. However you can identify the 4.1 from your T&C's, 4.2 Nobody ever said it WASNT from breach of contract, the issue is the level of 'penalty', 4.3 they want you to tie 4.1 to your schedule - doing their work for them. 6 - Identify the paragraphs in the UTCCA (para 8 and sch2(1)(e))
thanx for the reply,got the templates from mse had no problems untill cobbetts defence paper work arrived the request is served pursuant cpr part 18 do i need to reply ?
Well it used to be the case that cpr18 didn't apply to the small claims track, but I think that may have changed. I'm afraid I'm not too clued up on that with current info because my case is in Fast Track.
PM a Moderator, they will be able to assist in this, but I have seen this defence in other threads.
steve v rbs
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Originally Posted by buttercup10
