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COZMO1

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  1. Considering my local court is Croydon County Court I can imagine i'll be in for some wait - LOL. Thanks, a great help as always!
  2. Ok cool. I think i'll sit and wait then. Approximately how long do most people wait to have a court date allocated to them?
  3. Hi guys, I returned my AQ as well as the CPR 18 request to my local court and Cobbetts as needed. My response to Cobbetts CPR 18 request is as below and a combination of a some of the templates on here (thank you) as well as my own workings. My general stance was that all the information they require has already been provided. Also that the CPR 18 request was not suitable for the small claims track and that I feel that the sole purpose of this request is intimidation. Despite my objections I complied with their request as best as I could. My response was as follows..... ------------------------------------------------ Dear Ms Lynsey Clare Burgoyne: In response to your request for further information and confirmation of receipt; as requested by Cobbetts acting on behalf of NatWest Bank PLC, pursuant to your CPR Part 18 Request, dated 15th January 2007. I anticipate that my claim will be allocated to the small claims track and therefore I do not expect to have to deal with a Part 18 request, since these are excluded under Part 27 unless the court specifically orders me to do so of its own initiative. The Defendant’s part 18 request suggests very strongly that I have not supplied them with enough information to mount a defence. Despite this, they have submitted a very full and complicated defence. The information you request has been provided previously in the schedules attached to each letter of correspondence to NatWest Bank at every stage of this claim. Furthermore, I consider that the CPR part 18 request is for intimidation purposes only and I intend to bring this intimidation to the notice of the court. However, I am anxious to co-operate as much as I can and therefore I am providing the following information as well as sending a copy to the court. In Part 2.1 of the request, whereupon you ask me to identify the date, amount and reason of each charge, once again the attached schedule lists the details of all the above. However, I do not understand why this information is required as I sent the defendant a copy on both 17th October and 13th November 2006. I also filed a copy with my claim form, which you will find in the court file, and presumably, the court must have served this on the defendants with the claim form. In section 2.2 the defendant asks why the charges should not have been levied against me, but it has already been explained in the claim, the charges are disproportionate penalties. In fact section 3 of the defendants request makes it fully clear they are aware to the answers to their section 2.2 as they specifically refer to the reasons for my claim. As to Part 4 of the request. If NatWest Bank PLC are claiming their charges are ‘fair and reasonable‘, I contest this. Moreover, I believe they exceed each transgression and are disproportionate contrary to common law and consumer legislation. Without the benefit of a detailed breakdown of your costs, here’s why I believe the charges are disproportionate. NatWest claim their charges are ’fair and reasonable’. However, their method of charging its customers is an automated process. As such and being that the process operates many thousands of times each day and millions each year; it is fair to assume that the true cost is spread over this huge number of transactions and is shared equally between them. Without a clear breakdown of your client‘s costs, one can only assume this is probably less than 50p per transaction. Unless you can clearly offer evidence to the contrary, why should it cost any more? If NatWest Bank PLC do not contest this issue and are instead claiming that their charges are the price of a contractual service, then I claim that their price exceeds what is reasonable as required by S.15, Supply of Goods and Services Act 1982. S.15 states that where no price is agreed at the time the contract is made, a reasonable price will be implied. I believe this not to be the case when charging £30 per automated refusal. A bank is a High Street business. Normal mark-ups on a High Street business are 100%. It would not be reasonable for Banks to mark up significantly higher than this without a full and detailed explanation to their customers. I hope this response has covered all aspects of your request for further information satisfactorily? For a fair and reasonable hearing, I would expect you on behalf of NatWest to offer a detailed summary of how their costs appertain to each charge as listed, or offer a settlement in full for my claim. Enclosed: Schedule of charges. ------------------------------------------------- Cobbetts received all of my correspondence on the 24th January. On the 29th January I received a copy of their completed AQ and the expected defence of my claim. However, in Section G of their AQ (Other information) they quoted the following..... "Case Management directions cannot be proposed until the claimant serves a Reply to the Request for Further Information which was due on 29 January 2007. In light of this, the Defendant may amend its Defence or apply to strike out". What does this mean? I did reply to their CPR 18 request. Is this standard? I haven't heard anything since then so I do not know what is happening. Is their something else I now need to do? The Court banked my £100 a couple of weeks ago so do i just sit patiently and wait for word from the court? Sorry about the essay guys, but I wanted to give a clear picture so you can best help me. Thanks again.
  4. Hi guys, Is the £100 that needs to be sent with the AQ reclaimable?
  5. Hello comrades, Received the defence and CPR 18 request for more info from Cobbetts today. I am ready to fire back with one of the template letters detailing the intimidation and the fact that I have already supplied the info a number of times. A couple of questions: 1, I haven't received an AQ as of yet. I know that I should reply to the CPR 18 request by writing to Cobbetts and sending a copy to my local county court. However, I am confused as to who the local county court are. Are they the Northampton county court detailed in cobbetts correspondence? I recall that my online court claim was a court based in Northampton also. If it is the same one I am not sure if this place is the correct place to send my letter. 2, Will the above become clear if I wait for the AQ? Is that when I find out who to send my court correspondence to? 3, When I reply to Cobbetts and the court with my rejection of their request for more info, shall I include the schedule of charges again? I am a bit concerned as I no longer have a copy of the original. I still have the spreadsheet but this is now a different amount to the original as it has been accruing per day. Any help - thanks!
  6. Hi guys, I sent my letter off declining their offer on the 20/12/06. Yesterday, however I receive a letter dated 30/12/06 from Natwest. The letter was basically exactly the same as I received last time round offering me the same amount of money that I declined last time. I just had to sign and accept within one month The only thing that seems to have changed is the date. Is this another delay tactic after they know well and truly that I am going to reject such an offer a second time? What type of a response shall I write to this lastest offer? Has anyone got a template lying around that I may peek at? BTW Cobbetts acknowledged and decided to defend my court claim on the 19th December. I haven't received a questionnaire or anything yet. I'm assuming they are waiting for my response to Natwest's latest offer first? However the 28 days and counting is now down to 12 days. Cheers.
  7. Superb. Thanks for everything - will keep you all posted.
  8. Cool. Last question. In the template letter you posted above should I just give them a total of the fees that I want refunded or shall I edit it slightly to include the breakdown of refund of charges plus court fees @ £120 plus interest @ 8% accruing at X amount per day? Is this necessary for legitimacy or am I just over egging it for this response?
  9. Ok, I think that is what I will do then - cheers! What do you think is the next likely step for them? Are they likely to say fair enough or do they start playing hardball now? Up until now Cobetts have not been involved. I expect that by the time your suggested response gets to them with the Xmas post and all Cobetts would have put in their defence and the long drawn out process begins - something I have avoided thus far. Sod it, I never expected anything back this soon so I think I will fight them all the way with this even if it takes another 6 months. Thanks again.
  10. Hi guys, The latest is that I issued my Court claim on the 12th December and it was deemed as served on the 17th December. However, today I received a letter in the post from NatWest dated the 16th of December offering to refund all of the 6 years charges incurred. It goes on to say that I have one month to accept their full refund of £1,130 but if I am not willing to accept it as full and final settlement to let them know in the enclosed envelope. The problem now is that with my court claim I applied for 8% interest which has currently accrued to £357.61. Also I have paid the £120 court fees to launch the claim. What should I do? 1, Should I accept their offer? 2, Should I accept their offer as part payment and also ask for my £120 court fees back? 3, Should I see it through all the way and hold out for my 8% interest plus my £120 court fees as well? Any advice will be appreciated. Thanks
  11. Just filled out the MCOL paid the £120 and submitted the claim. Now we wait - I will keep you all informed.
  12. Hi guys, Quick question. Currently filling out my MCOL. I am not sure what to put down as the address of the defendant. My prelim letter and my LBA I addressed to the manager of my branch. Shall I continue with this or should I use the Natwest registered address as the address of the defendant? Probably a silly question but thanks.
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