Thread: cobbetts defence & req for info & cpr18 HELP NEEDED

hI folks

I received an offer from Nat West the other day but am aware i need to continue with court action until i actually receive the cheque.

i yesterday received my first communication from Cobbetts ( cobblers ) and am now at a loss despite reading many threads. Will i shortly receive an allocation questionaire from the court ?? how do i get it transferred to my local court instead of northampton. also i did not include the itemised list of charges when i did my claim on moneyclaim ( i didn't see whre it would be entered ) i did however send the Breakdown of dates 7 charges etc to Nat west twice by recorded delivey. Do i copy this in my reply to cobblers.

i will send the letter re cpr 18 request to the court and copy cobblers, of course it will have a CAG sticker on.

i stated in my claim THE CHARGES ARE AN UNLAWFUL EXTRAGANT PENALTY, (4.1) cobblers have asked me to specify the clause pursuant to which the charges were applied ? (4.2) They have asked me if the charges were due to a breach of contract by the claimant . ( 4.3 ) identify in each case the particular breach of contract by ref to appropriate terms of contract that the charge relates to .

(5)In my claim I stated thet the charges are "AN UNFAIR PENALTY THE UNFAIR TERMS IN CONSUMER CONTRACTS REGULATIONS 1999 "

cobblers have asked me to specify all of the facts relied on by claimant in support of the contentions in paragraph 5 above and in particular please identify the contractual provision(s) that the claimant alleges are invalid by reference to the regulations.

I need your help folks, i will not get past this stage on my own but hope that in a couple of months time i will be able to help people who receive this request myself. Am i correct to think its a standard request almost line for line from cobblers here?

I knew it wasn't going to be easy and i know they are trying to make it as difficult for people of average intelligence like myself to go any further past this preliminary stage but i am determined to beat them.

plwase help meget my money back from nat west folks a

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They don't say they are embarrassed . the POC is below

1) between ( start date & final date of charges ) the defendant debited various charges from the claimants account
2)The charges are an unfair penalty under the Unfair Terms in Consumer Contracts regs 1999, because they are a disproportionately high sum in compensation compared to the cost of the purported breach.
3) Under the law of penalties, the charges are an unlawful "extravagabt" penalty.
4) under the county courts act the claimant is entitled to interest of 8% per annum from the date they were deprived of the money, This totals
£x amount, accruing interest at 0.021% until judgement or payment.
5) The claimant asks the court to enter judgement in their favour for £x amount plus interest totaling £x amount

nb i have replaced my actual figures used in the courts POC by £x amount so as not to identify me to anyone from Nat west that may read the forums.

many thanks gizmo 111 for your reply

As soon as a defence is lodged Northampton will automatically notify you of transfer to your local court. You must send your charge spreadsheet to Cobbetts along with your CPR18 answer. If your claim is for less than £5,000 then a Cpr18 answer is not needed. In that case send Cobbetts this:
Dear Sir or Madam:
Claim No:

I Acknowledge the receipt of the defence posted on behalf of National Westminster Bank plc.
I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative
Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. However, for clarity, I confirm the charges I am claiming were applied to the following account:
Account Name:
Account number:
Sort Code:

Also send the court a copy along with your charge spread sheet. As gizmo has requested. Is there anything in their defence to say they are embarassed by your lack of particulars? The rest of the defence looks the norm from Cobbetts and you don;t have to answer anything at the moment Finally the chances are you will not have to fill out an aq as the courts are so bogged down.
You will receive directions from the courts shortly. Keep us posted. Good luck.

many thanks for your reply parkvale ,

just one thing , which court do i send my letter to Northampton ?or should i expect to hear from either them or my local court within the next few days ??

thanks again

You can send it to Northampton or it might be worth hanging off a few days until your notification of court change arrives. Good luck and keep us posted.