mattbarradell Vs Natwest

[matthewbarradell]

Hi just received a Defence pack from a company called cobbetts

 

Any ideas what I do now? Or what will happen now as there are no instructions on the pack or moneyclaim?

 

Please help!

 

Matt

[Guest NATTIE]

cobbetts are NW solicitors, as to what you do i hope the evening shift can tell you

[Michael Browne]

Have you had their defence and AQ from the court?

 

And defence pack! How big is it?

[matthewbarradell]

Not had an AQ as yet

 

The pack is made up of a covering letter, a defence (7 pages) and a request that is written purposefully so i have absolutely no idea what it is requesting (4 pages)?!

 

Matt

[Michael Browne]

Does the request mention CPR part 18

[matthewbarradell]

Yea it says (abridged)

 

1. This request is served pursuant to CPR Part 18

2. reasons why this request has been served are set out in the defence

3 asked to provide response by 06/10/06

4. If unable contact Defendant's solicitors

5. In event of non adequate response then Defendant can apply to Court for an order requiring you to provide or an order striking out the claim

 

The Request

 

1. asks for date, amount and reason given for each charge

2. clarify a) is it the case of claimant the smae should not have been charged, if yes explain why claimant contends, if no is it not case claimant should not have been charged? if yes explain why the claimant contends and identify sum claimant contends, if no please state claimants case

3. specify clause puruant to which charges were applied, whether charges applied were due to a breach of contract by the claimant, identify in each case the particular breach that the charge related to

4. specify facts relied on by claimant in support of contentions regarding 'invalid under the Unfair... etc) and in particular identify the contractual provision that the claimant alleges are invalid by reference to UCTA / the regulations

 

I don't understand any of this gobbledy gook!!!!

 

Matt

[Michael Browne]

This is Cobbetts latest scare tactic

 

As the claim, strictly speaking, has not yet been allocated, they can make a CPR Part 18 request, so you must respond. You must also send a copy of their request and your reply to the court

 

Dear Sir or Madam:

 

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your defence & request for further information and clarification.

 

I would like to advise you that I am a litigant in person in this matter, and so do not feel that I am adequately qualified to understand or respond to the points you raise in your letter. Consequently, I have decided that I will await the hearing on xx/xx/xx, at which I will ask the judge for guidance on the best way to respond to you.

 

I anticipate that the claim would 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

 

However, for clarity, I enclose a schedule of charges and I confirm the charges I am claiming were applied to the following account:

 

Account Name: XXXXX

Account numbers: XXXXX

Sort Code XXXXX

Amount XXXXX

 

 

Yours sincerely