Hi Gary Have a look at this i sent this on the 25/03/07 -and- NATIONAL WESTMINSTER BANK PLC Defendant RESPONSE TO REQUEST FOR FUTHER INFORMATION AND CLARIFICATION NOTE- IMPORTANT 1. This response is served pursuit to CPR 18 The Response 2. In response to Para 2.1 and 2.2 (a)(B)© of defendants request please find herewith (attached Schedule one) a break down of the charges applied to the claimants account this includes the claimants account number sort code and the dates of the charges were applied and the reason. 3. In response to Para 2.2 © of the defendants request, the claimant has already explained why the charges should not have been applied but for the avoidance of doubt the claimant alleges that the charges are Penalty charges 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. 4. In response to Para 2.3(a) Yes, the claimant should not have been charged an amount above the true administrate cost incured by the respondents, (B) the claimant should not have been charges for reason out lined in Para 2. © the claimant should have been charged the true administrative cost, 5. In response to Para 2.3(d) The Respondents have asked what the claimant should have been charged, to answer this the claimant will need a break down of the administrative cost incured by the defendant in applying the said charges. 6. In response to the further question 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 respondents 7. 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. Yours truly,

hi Helen how u doing read through the sticky threads all the answers are in there New strategy for Allocation Questionaires regards scott ps you can have a cheque,you will need to tell them when they settle

thanks gizmo had a read and its very helpful thanks again i need to read it a few more times to let it sink in lol scott

hi has anyone else been asked to attend a CMC in Gt.Yarmouth on the 11th May 2007 regards Scott

thanks Gary ive already sent in the CPR18 with aletter asking the court to direct cobbetts for disclosure scott

Gary i forgot to mention that i did send the CPR18 request to cobbetts &the court and asked the judge to direct disclosure of costs as i had answered there Cpr 18 which could help the court to decide on which track the case should be heard.So cobbetts have all the info that they asked for in the CPR18. I can't think of anything that cobbetts can ask of me at the hearing, i will ring the court on monday (very helpful people by the way) and see if the court has requested disclosure of costs as asked by myself. Iwrote to the court saying i was complying with cobbetts request for a completed cpr18 and respectfully asked the court to direct disclosure as i was trying to save court time scott

hi GARY Thanks for your advice i will prepare as if they will definately appear so that im fully ready for anything they might throw at me.. Would u know if anyone has had a CMC and what types of info i would need to take with me, as i believe i wouln't need to take my court bundle at this hearing. Any help is better than no help thanks in advance fof any replies scott

good luck all your answers are in the treads & stickies read read read then u will understand the process, look for letter templates as they have all been used successfully any help required don't be afraid to ask.... go get your money stevie regards scott

Hi Stevie Nothing to worry about you have probably recieved all there standard defence, your cpr18 request is a request so you dont have to answer any questions on that if you are going through the small claim track,read through lots of threads and that will set your mind at rest, we have all recieved a variation of these letters from cobbetts have aread through this then post any questions u have http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html don' t panic scott

congratulations

hi all yeah i read all that yesterday, it would seem to be that if the CMC went ahead i would ask (as i have already twice) the judge to make nat west disclose there actual cost of charges. nat west aren't going to disclosethe costs so i assume that means they will settle before the CMC hearing. Reading through other cmc threads they allways settle before hand. any comments welcome scott

hi shuffie follows all the guidelines & templates on here if you need any help whatsoever post it on your thread and someone will ALWAYS help you you will get all your money back so go get em girl good luck scott

hi willo you will get use to delaying tactics it took me nearly 2 months b4 i started court proceedings as i hand delivered my LBA to my local branch i followed that up with aphone call to confirm it was being forwarded to the correct department.I was told it will be sent through there internal mail system and to ring again in 2-4 weeks.i rang them after the 14 days (from the LBA) and was told they coulnt find any letters from me,a week later they said did i have any proof i had dropped a letter to my local branch.Obviously i didn't so i started from scratch again,so dont be surprised if they lose items etc make sure you send all correspondence recorded delivery so you have proof that they have recieved documents. Incidently cobbetts still said that 1 doc i sent them wasnt in the envelope ,so i now send all docs etc by post and fax then ring and check that they have recieved the fax and letters.. hope this helps &good luck you will get your money back ,be patient go get it....... scott

HI Tiggs Read your thread and its put my mind at rest Congratulations on your wins i hope my win will follow soon thanks for your help i really appreciate it Scott x

hi Amelia i would write to them to acknowledge you have recieved their defence as it will look better for you when you get to the latter stages of the case.It doesnt cost to much to do everything that is asked of you within reason if youre not sure check on here regards Scott Good Luck

thanks tigs have they settled with u now if not how did the hearing go????

reading through that i would guess cobbetts will have to settle with me or they will need to disclose the true cost of charges before the hearing. looks like im on the home run

found this on court website Case Management Information Sheet The information supplied should be printed in bold characters Case Management Information Sheet Party lodging information sheet: Name of solicitors: Name(s) of advocates for trial: [Note: This Sheet should normally be completed with the involvement of the advocate(s) instructed for trial. If the claimant is a litigant in person this fact should be noted at the foot of the sheet and proposals made as to which party is to have responsibility for the preparation and upkeep of the case management bundle.] (1) By what date can you give standard disclosure? (2) In relation to standard disclosure, do you contend in relation to any category or class of document under rule 31.6(b) that to search for that category or class would be unreasonable? If so, what is the category or class and on what grounds do you so contend? (3) Is specific disclosure required on any issue? If so, please specify. (4) By what dates can you (a) give specific disclosure or (b) comply with a special disclosure order? (5) May the time periods for inspection at rule 31.15 require adjustment, and if so by how much? (6) Are amendments to or is information about any statement of case required? If yes, please give brief details of what is required. (7) Can you make any additional admissions? If yes, please give brief details of the additional admissions. (8) Are any of the issues in the case suitable for trial as preliminary issues? (9) (a) On the evidence of how many witnesses of fact do you intend to rely at trial (subject to the directions of the Court)? Please give their names, or explain why this is not being done. (b) By what date can you serve signed witness statements? © How many of these witnesses of fact do you intend to call to give oral evidence at trial (subject to the directions of the Court)? Please give their names, or explain why this is not being done. (d) Will interpreters be required for any witness? (e) Do you wish any witness to give oral evidence by video link? Please give his or her name, or explain why this is not being done. Please state the country and city from which the witness will be asked to give evidence by video link. (10) (a) On what issues may expert evidence be required? (b) Is this a case in which the use of a single joint expert might be suitable (see rule 35.7)? © On the evidence of how many expert witnesses do you intend to rely at trial (subject to the directions of the Court)? Please give their names, or explain why this is not being done. Please identify each expert's field of expertise. (d) By what date can you serve signed expert reports? (e) When will the experts be available for a meeting or meetings of experts? (f) How many of these expert witnesses do you intend to call to give oral evidence at trial (subject to the directions of the Court)? Please give their names, or explain why this is not being done. (g) Will interpreters be required for any expert witness? (h) Do you wish any expert witness to give oral evidence by video link? Please give his or her name, or explain why this is not being done. Please state the country and city from which the witness will be asked to give evidence by video link. (11) What are the advocates' present provisional estimates of the minimum and maximum lengths of the trial? (12) What is the earliest date by which you believe you can be ready for trial? (13) Is this a case in which a pre-trial review is likely to be useful? (14) Is there any way in which the Court can assist the parties to resolve their dispute or particular issues in it without the need for a trial or a full trial? (15) (a) Might some form of Alternative Dispute Resolution procedure assist to resolve or narrow the dispute or particular issues in it? (b) Has the question at (a) been considered between the client and legal representatives (including the advocate(s) retained)? © Has the question at (a) been explored with the other parties in the case? (d) Do you request that the case is adjourned while the parties try to settle the case by Alternative Dispute Resolution or other means? (e) Would an ADR order in the form of Appendix 7 to the Commercial Court Guide be appropriate? (f) Are any other special directions needed to allow for Alternative Dispute Resolution? (16) What other applications will you wish to make at the Case Management Conference? (17) Does provision need to be made in the pre-trial timetable for any application or procedural step not otherwise dealt with above? If yes, please specify the application or procedural step. (18) Are there, or are there likely in due course to be, any related proceedings (e.g. a Part 20 claim)? Please give brief details. [signature of solicitors] Note: This information sheet must be lodged with the Clerk to the Commercial Court at least 7 days before the Case Management Conference (with a copy to all other parties): see section D8.5 of the Commercial Court Guide.

hi Gary its a notice of case management conference has no relevant info hearing time, which court, it could be moved etc, it has been issued by the court to myself &cobbetts (offical form advising a cmc which isnt on the courts website a bit confusing cause i cant find any info about this,although i dont think its anything to worry about scott

thanks all for your repies a correction to my quote i have been given a date for CASE MANAGEMENT CONFERENCE does anyone know what to expect and would i take my court bundle along to this hearing... surprising im not in the least bit worried im looking forward to it as it appears my claim is coming to an end soon. I would like to hear from anyone who has been to a CMC or have reiceved the letter and what happens between myself the court & cobbetts. any help and advice gratefully accepted Scott

hi everyone at last ive been given a court date 11th may and its been allocated to multi-track. etc, im assuming nat west will settle b4 we reach court date if they don't i will prepare my court bundle and get ready for the fight. If anyone has any tips or advise i would appreciate hearing about this stage in my claim..... Regards Scott

hi boilerman i would wait until the 14 days are up as your LBA gives them 14 days,they might get back to you with an improved offer in the near future so hold on and stick with the time tables that are recommended on this site,you will get your money so try to be patient bear in mind if you take the bank to court you will claim interest, so they possibly will increase there offer.i would write back to them and decline the offer and state that you want the whole amount that you are claiming on your LBA or you willproceed through the courts. hope this helps scott

i find it amazing that so many people give up their spare time to help so many others,i didn't believe there was such a community spirit left in this little old country of ours,it is helping to restore my faith in the general public as no one seems to have any time for anyone else these days .probably to busy trying to earn some money to pay there bank charges.. Anyway keep up the good work everyone.... perhaps we can start harrassing the banks to clear cheques quicker next good luck eveyone scott

nearly did it to me as well, i echo your words parky,i just can't wait for the day the postman delivers my little old cheque the day will be sweet and remembered till my dying day lol another 3 people claiming bank charges today cause i told them about it,also a mate has recieved £11000 back (not nat west tho)

thats the spirit go get em,get all you can good luck