Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

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Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
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    paulomarto Novitiate



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    Default Re: Whistleblower - The true cost of your bounced direct debits revealed by the BBC

    Well my first post and am I glad I've found this topic, I've just today recieved the defence from my banks solicitor in the post so when i checked the internet to do more studying to prepare for the court hearing (if I get one) I found this and read that any I could provide an interview on BBC Radio in 2004 with Peter McNamara a senior end highly respected member of the banking industry saying charges are used to fund Free Bankingicon for all personal customers, it started my brain ticking, so my question is.....Would I be able to provide this "whistleblower" video as evidence in court of a manager admitting that charges are unfair and excessive????


  2. #2
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    paulomarto Novitiate



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    Default paulomarto v RBS

    I recieved a letter from Cobbetts solicitor acting on behalf of RBOS including their defence and request for furhter information.

    I was wondering are these standard defence templates. Much of the language used makes it hard for me to understand due to the leagal jargon.

    Basically the defence says they cant plead until I have properly particularised, and so up to now there is no reasonable grounds for bringing a claim against them.

    They then ask me to provide them with:
    • My account name, number, and sort code
    • Identify the date, amount, and reason for each charge
    • and for each charge identify whether i feel the charge should not have been charged (and if so explain why I feel this), or whether I feel the charges should not have been charged in the amount (and if so explain why it shouldnt have been charged in that amount and identify how much I feel I should have been charged)
    • It also asks for why I feel the charges are, as I stated, 'an unfair penalty under the Unfair termsicon in Consumer Contracts Regulations 1999' in particular identify the regulations of the unfair terms in consumer contract regulations 1999 relied upon when making the statement alleging the "contractual provision(s) referred to are unenforceable"
    Has anyone else recieved this? is it a standard defence template used for everyone? and how have you responded to this? what answers? and how did you respond did you send it to the solicitor and the courts? Is this what the Court allocation questionnaireicon is for???


  3. #3
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    Nell2609 Novitiate Nell2609's Avatar



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    Default Re: Cobbetts defence letter

    I received my Defence yesterday. I am just going to start typing it up; it will be posted on Nell v RBSicon for you to make comparisons.

    Mine did not ask any questions, though, which is what I expected. When you have had a look, let me know if it differs any from yours.

    Here goes..


  4. #4
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    Default Re: Cobbetts defence letter

    Quote Originally Posted by paulomarto View Post
    I recieved a letter from Cobbetts solicitor acting on behalf of RBOS including their defence and request for furhter information.
    This particular letter seems to come from Cobbetts when claims have been filed on MCOL where the full listing of charges hasn't been submitted due to lack of space.


  5. #5
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    paulomarto Novitiate



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    Default Re: Cobbetts defence letter

    yeah good point. I did use MCOL does this mean a date in court would not be sent yet until they get the information??


  6. #6
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    Default Re: Cobbetts defence letter

    You do need to send them your schedule of charges. They are entitled to the info and it could come back and bite you in the ass if you don't. It won't actually delay your court date, but it could delay things once you get to that point.


  7. #7
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    Default Re: Cobbetts defence letter

    Have you submitted a charge spreadsheet to the bank and the court ? If not then you will need to act quickly. You may have to amend your claimicon with the court also. By filling out an N244icon application noticeicon. Which will cost you 35 unfotunately non refundable.
    http://www.consumeractiongroup.co.uk...on-notice.html Good luck.

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  8. #8
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    Default Re: Cobbetts defence letter

    I could be wrong, but merely submitting a schedule of charges shouldn't require a claim amendmenticon. If the totals included in the POCicon and the spreadsheet match up then it's just a question of clarification rather than amendment. Simply sending the list of charges to the court and to Cobbetts should suffice.


  9. #9
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    paulomarto Novitiate



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    Default Re: Cobbetts defence letter

    Great I think ill send the spreadsheat out but in case I need an ammendment I'll have to give the court a ring, I thought the MCOL was a bit vague should have expected them to ask for the spreadsheat though I have sent a spreadsheet to the bank, but suppose the solicitor needs it to know what they are dealing with. Thanx for the help people am gettin more and more unstuck now, im made up av found this site it's great!!


  10. #10
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    paulomarto Novitiate



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    Default Spreadsheet Mistake, help please

    Ok I was preparing my response to further information required by cobbetts solicitors that they need my spreadsheet when I noticed that the first 2 charges on the spreadsheet that I sent to my bank were wrong (and consequently my total for charge value and interest, and so total amount to be claimed back) would be wrong.

    My first charge was 13 on 8th September 2004 on my spreadsheet, however I noticed when checking statements back that it was in actual fact a charge of 35
    The second charge was 27 on 11th October 2004 on my spreadsheet, however I noticed when checking statements back that it should have been 10 on 7th October 2004
    These errors came due to me reading the line below or above the line that my charge was on on my statements.

    I understand now that if I fill another spreadsheet with the correct information and send it to the solicitor then, not only because interest would have increased on the other charges, the total amount needed to be claimed back would have slightly increases due to increase in interest and an increase of 5 in the amount of charges being claimed back. How do I ammend this, should I send a new spreadsheet to the solicitor and courts with the new charge amount and interest amount and totals and take no other action. Or do I have to fill in a form for ammendment to my claim and file it with the court, which I believe costs 35 and is not refundable and can anyone remind me the form number I need to use if I have to do this?

    Help much appreciated Thank :-|


  11. #11
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    paulomarto Novitiate



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    Default Re: Spreadsheet Mistake, help please

    Another thing. My charges on my spreadsheet are all for unpaid direct debits and cheques, but some 10 charges for Maintenance charges for unarranged overdrafts. Am I able to claim these 10 charges back as well or is the judge likely to give a settlement just for the unpaid items??


  12. #12
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    paulomarto Novitiate



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    Default Re: Cobbetts defence letter

    I was wondering if anyone knows if I have to state the amount of the unpaid items when I tell them the reason for each charge or is this information irrelevant??


  13. #13
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    Kurt_Hamster Novitiate Kurt_Hamster's Avatar



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    Default Re: Cobbetts defence letter

    Just use the description that appears on your statement. That way you can't be accused of putting words in their mouths.


  14. #14
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    grenadier2 Novitiate



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    Default Re: Cobbetts defence letter

    Hi

    I received an almost identical letter to yours from Cobbetts last week and was in a right old state as I didnt even understand half of what they were asking me! The following day I received a lettericon from RBSicon offering to repay me the full amount I had claimed (but not the interest) . After the sleepless night I had worrying about the letter from Cobbetts, I decided to accept the 2200 and run!

    You may get an offer from RBS very soon, just as I did. Good luck!


  15. #15
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    the_purple_pig Novitiate



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    Default Re: Cobbetts defence letter

    I am in the same situation: I received a partial offer from Natwest which I accepted, the a day later I received a lettericon from Cobbetts requesting heaps of information by 29 June.

    I would rather drop the court proceedings as I am happy with the partial settlement, and have little free time in between now and the 29th June. Can I simply ignore the Cobbletts letter, or how do I go about ending the legal dance?


  16. #16
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    nwuser Novitiate



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    Default Re: Cobbetts defence letter

    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 courticon 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.







  17. #17
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    paulomarto Novitiate



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    Default Re: Cobbetts defence letter

    nice 1 kurt will just say unpaid item DDicon or CHQ as it says on my statement then. thanx for ya help


  18. #18
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    Default Re: Cobbetts defence letter

    Quote Originally Posted by nwuser View Post
    I received a request for Cobbetts referring to CPR 18



    Just checking as Cobbetts are notorious for using CPR18 even when it doesn't apply, but is your claim for less than 5000 or on the small claimsicon track?

    If it does then rules of disclosure under CPR18 don't affect you, they don't apply to small claimsicon track cases.


  19. #19
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    dooumm Novitiate



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    Default Re: Cobbetts defence letter

    Thank god for your last post Kurt, my claim is under 5000

    I recieved the same letter/defence from Cobbetts and choose to not respond in the way the demanded.

    Instead I have sent them one of the nudge letters I found elsewhere on this site, with a list of my bank charges + interest, and a reduced offer to settle out of court.

    That was on 12/06/07 as of yet I haven't had a reply.

    One thing that is of concern to me is that as of yet I haven't sent anything to the courts as I filed my claim on MCOL.

    Should I have sent a copy of the list of charges to the court when sending this recent letter to Cobbettts and maybe even the letter to show I am trying to resolve the matter out of court.

    (I do not have a court date as of yet)

    Cheers,
    dooumm


  20. #20
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    Default Re: Cobbetts defence letter

    Quote Originally Posted by dooumm View Post
    Thank god for your last post Kurt, my claim is under 5000

    I recieved the same letter/defence from Cobbetts and choose to not respond in the way the demanded.

    Instead I have sent them one of the nudge letters I found elsewhere on this site, with a list of my bank charges + interest, and a reduced offer to settle out of court.

    That was on 12/06/07 as of yet I haven't had a reply.

    One thing that is of concern to me is that as of yet I haven't sent anything to the courts as I filed my claim on MCOL.

    Should I have sent a copy of the list of charges to the court when sending this recent letter to Cobbettts and maybe even the letter to show I am trying to resolve the matter out of court.

    (I do not have a court date as of yet)

    Cheers,
    dooumm
    Yes, you are always best sending to the court a copy of anything you send to Cobbetts (with the exception of letters with a a "without prejudiceicon" heading). You don't have to do a specific letter per se, just make sure the claim number is clearly visible so the clerk can add it to your "pile".



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