Victory for bank charge dad - News - Manchester Evening News

No it is not in Birmingham, sorry.

Received a Notice of Allocation to the Small Claims Track (Hearing) N157 this week. It says it is a preliminary hearing of the claim and should take no longer than 15 mins. Also that the Judge has considered the statements of case and allocation questionnaires. The bank has appointed a solicitor. My queries are: Do I need to get my ‘Court Bundle’ together for this. If not is there anything I should send in. What is the Judge referring to ‘statements of case’. It says that you do not have to attend so long as you give the court 7 days notice, is it better to attend. Is there likely to be another court date for a final hearing. Hope someone can help – was nervous a few weeks ago – but am very determined to see it through to the bitter end.

I received a request for Cobbetts referring to CPR 18 - I followed the advice given ie sending another list of charges, bank account name and numbers and what the charges were for also mentioning the intimadatory nature of the request. Then I received a copy of cobbets AQ which said I had not responded to their request and asked the judge to strike out the claim. I immediately sent a copy of everything to the County Court along with the recorded delivery slip for the letter. My question is: Is it too late to send another letter to Cobbetts asking them to my request Part 18 re charges and terms and conditions ie: I require that the Defendant supply a copy of the full Terms and Conditions which applied to the account at the time the account was opened. I require that the Defendant supply copies of any amendments to the Terms and Conditions applying to the account, which have come into force since the account was opened. Should be hearing from the county court this week - and want to be fully prepared.

I am claiming Bank charges from RBS (£2,100) - they entered a defence on the 27th day with MCOL. The same day their solicitors, Cobbetts, sent me a letter and a lot of legal jargon, requesting further information and clarification. They say 'You are asked to provide a response to this request in accordance with CPR Part 18 by 17th May 2007' it goes on '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 you to provide the information requested or an order striking out your claim. They ask for the following information: in relation to each charge identify a the date when the charge was charged b the amount of the same and c the reason given for the charging of the same. There is also lots of other legal questions, which I do not understand ie 'specify the clause pursuant to which the charges where applied' I received advice on the above and sent the following letter : Dear Sir or Madam: Claim No: I Acknowledge the receipt of the defence posted on behalf of rbs. 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: Please also find enclosed a breakdown of all charges I am claiming. I also asked them to explain 'specify the clause pursuant to which the charges where applied' because This is a highly ambiguous statement meaning that it is open to or having several possible meanings or interpretations. And asked them for a full explanation stating that the paragraph was ambiguous. Yours Faithfully" I included a breakdown of charges with the letter and I did send it recorded delivery (have got the slip to prove it) in good time. I have now received a copy of the solicitors Allocation questionnaire and in the section for other information they have stated: Case management directions cannot be proposed until the Claimant serves a Reply to the Request for Further Information which was due on 17th May 2007. In light of this, the Defendant may amend its defence or apply to strike out. I telephoned the Court this morning and they said I cannot do anything about it now because it has been referred to the Judge and we will hear something shortly. Should I write to the court with a copy of the letter I sent to Cobbets along with a copy of the recorded delivery slip. I am very worried now that I may not even get to court with then asking for it to be struck out.

I am claiming Bank charges from RBS (£2,100) - they entered a defence on the 27th day with MCOL. The same day their solicitors, Cobbetts, sent me a letter and a lot of legal jargon, requesting further information and clarification. They say 'You are asked to provide a response to this request in accordance with CPR Part 18 by 17th May 2007' it goes on '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 you to provide the information requested or an order striking out your claim. They ask for the following information: in relation to each charge identify a the date when the charge was charged b the amount of the same and c the reason given for the charging of the same. There is also lots of other legal questions, which I do not understand ie 'specify the clause pursuant to which the charges where applied' I received advice on the above and sent the following letter : Dear Sir or Madam: Claim No: I Acknowledge the receipt of the defence posted on behalf of rbs. 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: Please also find enclosed a breakdown of all charges I am claiming. I also asked them to explain 'specify the clause pursuant to which the charges where applied' because This is a highly ambiguous statement meaning that it is open to or having several possible meanings or interpretations. And asked them for a full explanation stating that the paragraph was ambiguous. Yours Faithfully" I included a breakdown of charges with the letter and I did send it recorded delivery (have got the slip to prove it) in good time. I have now received a copy of the solicitors Allocation questionnaire and in the section for other information they have stated: Case management directions cannot be proposed until the Claimant serves a Reply to the Request for Further Information which was due on 17th May 2007. In light of this, the Defendant may amend its defence or apply to strike out. I telephoned the Court this morning and they said I cannot do anything about it now because it has been referred to the Judge and we will hear something shortly. Should I write to the court with a copy of the letter I sent to Cobbets along with a copy of the recorded delivery slip. I am very worried now that I may not even get to court with then asking for it to be struck out.