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Thread: Cera vs RBS

  1. #1

    Default Cera vs RBS

    Story so far:

    Did all me letters to the bank claiming £3800 ish and had an offer of £102.10 (not sure where they came up with that figure). Anyhow, started proceedings on Money Claim Online, they acknowledged within the time frame then defended at the 11th hour and now I have a letter from Cobbetts requesting "Further Information".

    Also received stuff from court stating that it has been transferred to my local court with a copy of the letters that they sent me. I haven't had an aqicon though.

    Have done a response letter to Cobbetts based on various bits of info I've pulled from forums but me questions are:

    a) Why haven't I had an AQ - I thought you got one as soon as they filed defence.

    b) In my response to Cobbetts, do I include - as they have requested details of charges - my spreadsheet INCLUDING interest?

    Am getting dead scared about things now and would appreciate any advice I can get.

    Thanks in antic.

    Cera x

  2. #2

    Default Re: Cera vs RBS

    Could someone please look over the reponse I've put together:

    1. In your claim you state "the Defendant applied numerous default charges to the Claimants account”.

    2. Please provide the following particulars in support of your claim:

    2.1 To what account(s)(giving details of the account name, number and sort code) were the charges applied.

    All letters sent to your client clearly stated my account name and number. However, for clarification, they are as follows:

    Account Name: xxxxxxx
    Account Number: xxxxxxx
    Sort Code: xxxxxxx

    2.2 In relation to each charge please identify (a) the date when the charge was charged; (b) the amount of the same; (c) the reason(s) given for the charging of the same

    These have also been provided on numerous occasions however, I have again enclosed a spreadsheet detailing all charges, dates and details as per statements. I am also entitled to claim interest at 8 per cent per annum from the date when charges were first applied to my account until a judgment is made. This has been included on my spreadsheet.

    2.3. In relation to each charge, please clarify the following: (a) is it the case of the Claimant the same should not have been charged? (b) if yes; please explain why the Claimant contends that the same should not have been charged? (c) If no; is it the case of the Claimant that the same should not have been charged this amount? (d) If yes; please explain why the Claimant contends that the same should not have been charged in this amount and identify the sum the Claimant contends should have been charged; (e) If no; please state the Claimants case.

    In response to Para 2.3

    (a) Yes, the Claimant should not have been charged an amount above the true administrate cost incurred by the respondents.

    (b) The Claimant alleges that the charges are Penalty charges and are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963 It was held that a contractual party can only recover damages for an actual loss or liquidated losses.

    (c) The Claimant should have been charged the true administrative cost.

    (d) The Respondent has asked what the Claimant should have been charged. To answer this Claimant will need a break down of the administrative costs incurred by the defendant in applying the said charges.

    3. In your claim you state that “[the] charge is deemed to be a penalty”

    A charge is deemed to be a penalty if, in reference to the case Wilson v Love in 1896, it does not reflect the true cost of an item.

    4. Please provide the following particulars in support of your claim:

    4.1 Please specify the clause(s) pursuant to which the charges were applied.

    4.2 Please specify whether the charges applied were due to breach of contract by the Claimant

    4.3 Please identify in each case the particular breach of contract (by reference to appropriate term(s) of the contract) that the charge related to.

    In response to the Paragraph 4.1, 4.2 and 4.3, made by the defendant the Claimant will not be able to responded to these until the Claimant has disclosure and inspection of documents as the Claimant will be requiring a copy of his contract with the defendants.

    5. In your claim you state that the charges are: “a breach of the Unfair termsicon in Consumer Contracts Regulations 1999”

    6. Please specify all of the facts relied on by the 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.

    In response to Para 5 and 6 the respondents seem to misunderstand this point, the responsibility is on the defendant to prove that their terms are not contrary to the Unfair terms in Consumer Contract Regulations, however once the respondent has sent a breakdown of their administrative costs and a copy of the contract to the Claimant. The claimant will be happy to point out the contractual provision(s) that the claimant alleges are invalid.

    If the defendant requires any further information, the Claimant will be happy to provide this once the discloser of documents/information has been dealt with by the court, or the defendant has provide the requested information.

    Again, thanks guys - any time I can help anyone with anything I will.

    Cera x

  3. #3

    Default Re: Cera vs RBS

    OK so, I've had no response from anyone, but I thougt I'd keep you informed - had to respond to Cobbetts by 17th April and still, as of now, had no response from them. CC'd the letter to the Court also.

    Will post if I get a reply from Cobbetts...

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