Thread: little lady's first post!!! ** WON**

hello everyone! Have been reading this site for a while, looking for info for my own claim agaisnt smelly Natwest! i have sent all my letters to them over the last couple of months ( have kept all dates i sent the letters) and they did offer me a settlement of £1700, but my claim is for £ 4250 plus interest, so i told them to take a long run off a short pier!! ha ha

They have since put in a defense and Cobbetts have sent me a REALLY long winded cpr 18 thing which is just plain scary when you first read it!
But having looked at your site, i sent them a letter explaining that the cpr doesnt apply as a small claims ?? now i am waiting for some sort of reply, will i get a reply, or a court date ?? what happens next........

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Well, you've come a long way before posting, and well done so far.

Have you seen this? http://www.consumeractiongroup.co.uk...-re-cpr18.html

I've no personal experience of the CPR18 request, so hope others will advise too.

Good luck.

thanks for the advice. i have already sent a letter explaining that the cpr 18 didn't apply et etc.... just feel a bit stuck now really. am i waiting for a court date ? will i have to go to court or will evil Natwest give me my money? help!!

Hi little ladyFirstly stop worrying this is the normal run for Cobbetts. You can go one of two ways. 1 send the standard response that this is not required in small claims. I did this and end up with the court ordering me to do it. 2 The other which is the track I will take in the future, (I have four others on the go for my family) is that I will reply with the CPR18 response that I, with help from others on the site have developed. This I hope will take the wind out of their sails.If you wish I can post the whole of the defence for you, as far as I have been ordered in a reply.StevePMIf you find this helpful please click my scales.

hi parkvale. thanks for your reply. Wow...well done on getting all your money back!!! bet you feel triumphant!

i have recieved a transfer of proceedings in the post, and they have crossed out the sentence about sending back an aq. Does this mean i wont recieve one now? Also, it tells me my local court now has my claim.
As i sent all correspondence to Northampton Court, shall i resend it all to my local one now too?

So many questions....sorry!

hi stevepm. thanks for all your advice. so there is a posibility that old cobblers might make me answer that cpr 18? if that does happen i would be grateful for all your help as i think i will be a bit stuck.
Good luck on all your claims.

okay, so you are sending Cobbetts a cpr 18? so this would be asking them all those questions they wanted me to answer? where do i get this from? is that what stevenpm meant he would post for me? oooohhhh that will prob really annoy them.....excellent!

justa bit worried i might not get my money, seems to be taking ages to get anywhere. i expect this is where they want us to give up. but most people do get their money back don't they?

hi guys

I sent a cpr18 request to cobbetts to fill out and they paid out within the 14 days i gave them to respond............I was on the fast track which DOES require a cpr18 to be completed..........

if anyone wants me to post it .........let me know


Scott

covering letter


In the xxxxxxxxxxxx county court CLAIM NO xxxxxxxx
BETWEEN

xxxxxxxxxxxxxxxxxxx CLAIMANT

AND

National Westminster Bank PLC DEFENDANT

CPR18 REQUEST

REQUEST FOR FURTHER INFORMATION AND CLARIFICATION

• If the defendant fails to apply with the attached CPR18 the claimant will make an application to the court pursuant to part18 S5 for compliance.
• You are being asked to provide a response to this request in accordance with CPR part 18 within 14 days.
• In the event that you do not provide an adequate response to this request by the 17th April 2007 then the claimant can apply to the court for an order requiring you to provide the information requested or an order striking out the claim.

Yours Truly


Scott xxxxx

The CPR18 REQUEST FOR COBBETTS TO COMPLETE



In the xxxxxxxxxxxx county court CLAIM NO xxxxxx
BETWEEN

xxxxxxxxxxxxxxxxxxxx CLAIMANT

AND

NATIONAL WESTMINSTER BANK PLC DEFENDANT



REQUEST FOR FURTHER INFORMATION AND CLARIFICATION


1. In relation to each and every breach by the Claimant which resulted in a charge being levied as confirmed by the Defendant in its Defence please provide full details (with all relevant supporting documentation) of:


a) any letters, telephone calls, or incidents of manual intervention into the account in respect of each and every charge claimed by the Claimant in the Particulars of Claim;

b) how charges are applied to the account (whether automatically or by some other means) and when;

c) the Defendant’s assessment of the cost to it of sending any letter making any telephone call or otherwise administering the account, with details of how the cost to the Defendant is calculated and what items of expense are included, or such other costs as are foreseeable in the context of contractual damages and the remoteness thereof and which can be specifically identified and defined and which can be reasonably attributed to each and every breach on the part of the Claimant;

d) the justifiably objective principles upon which all such costs are calculated and result in the specific level of each charge levied by the bank in respect of each of the breaches which resulted in the charges now claimed by the Claimant.


2. Of paragraph 7.2.5 of the defence in which the Defendant avers that the charges are applied in return for the provision of a banking service to the Claimant:

a) Please identify each and every such service referred to in the defendant’s terms and conditions and identify the charges, by reference to those terms and conditions, that the Claimant is required to pay for each service identified.

b) Please confirm what steps are taken by the defendant in providing the alleged services referred to in the defence. Please provide copies of all notes, memoranda, or other information retained by the defendant to demonstrate the provision of the alleged services to the Claimant.

c) Please confirm whether charges are applied automatically.


Yours truly,


SCOTT

thanks sooo much you guys for giving me all that info, it really has helped. i am going to send Cobblers a cpr 18 and hopefully move this along a little quicker!

i wil keep you posted on my ongoing battle with the EVIL moneygrabbing Natwest people!!!
i have read a few threads that mention a court bundle am i sposed to know what one of these is???

i have sent the court a letter about not answering the cpr 18 and a full schedule of all charges and why i was charged, so have i already sent one?
Cheers x

Hi little lady, have a look here Basic Court Bundle and Examples of Witness Statements / Disclosure by List / Draft Directions / Case Summary and GOT A COURT DATE? Important, please read...... to start getting your court bundle together. Plenty of time yet! Good luck, hedgey xxx

cheers hedgey i have looked at your link and it is a great help, thanks. having a cuppa reading it all through! x

My pleasure! xx