Jump to content

Isobel Daly

Registered Users

Change your profile picture
  • Posts

    87
  • Joined

  • Last visited

Everything posted by Isobel Daly

  1. Alejandro, This is standard prcedure. Their lawyers must be working overtime!! If your claim is under £5000 then you do not have to reply to their request to complete the CPR part 18. They have no legal right to ask you for this. I have sent the standard in response to you defence........... blah blah. Enclose a copy of your bank charges you are claiming and also yout Account name, Account no and sort code. They are trying to delay people up by saying they do not have this information. Good luck - we are all in the boat.
  2. You can still send it to them!!!!!!!!!! What can they do apart from refuse to reply? No-one says you only have one chance to respond to their outragous demands. Isobel
  3. Hi Chris, Just for your amusement I am thinking of sending this to Cobbetts: Turning the tables. It has worked for someone I know. Cheque sent back in 2 days!!!!! Isobel Please find my request pursuant to CPR part 18 you are asked to respond by XX XXX 2006. · In relation to each and every breach by the Claimant which resulted in a charge being levied as confirmed by the Defendant in its Defence please provide full details (with all relevant supporting documentation) of: a) any letters, telephone calls, or incidents of manual intervention into the account in respect of each and every charge claimed by the Claimant in the Particulars of Claim; b) how charges are applied to the account (whether automatically or by some other means) and when; c) the Defendant’s assessment of the cost to it of sending any letter making any telephone call or otherwise administering the account, with details of how the cost to the Defendant is calculated and what items of expense are included, or such other costs as are foreseeable in the context of contractual damages and the remoteness thereof and which can be specifically identified and defined and which can be reasonably attributed to each and every breach on the part of the Claimant; d) the justifiably objective principles upon which all such costs are calculated and result in the specific level of each charge levied by the bank in respect of each of the breaches which resulted in the charges now claimed by the Claimant. 2. Where the Defendant avers that the charges are applied in return for the provision of a banking service to the Claimant: a) Please identify each and every such service referred to in the defendant’s terms and conditions and identify the charges, by reference to those terms and conditions, that the Claimant is required to pay for each service identified. b) Please confirm what steps are taken by the defendant in providing the alleged services referred to in the defence. Please provide copies of all notes, memoranda, or other information retained by the defendant to demonstrate the provision of the alleged services to the Claimant. c) Please confirm whether charges are applied automatically. Please note however, I consider that upon allocation this case will be referred to the Small Claims Track, accordingly I consider your CPR Part 18 request to be intimidatory as Part 18 would not apply. Having been in touch with other Nat West claimants I am aware of your recently devised tactics and attempts to cause claimants in person to give up. I shall not be responding to your requests designed to intimidate. I shall of course respond to the order of the Court leaving the matters to be settled by the court. Yours faithfully __________________ Hunbun
  4. Hi Plutos, Worth a look at this: Please find my request pursuant to CPR part 18 you are asked to respond by XX XXX 2006. · In relation to each and every breach by the Claimant which resulted in a charge being levied as confirmed by the Defendant in its Defence please provide full details (with all relevant supporting documentation) of: a) any letters, telephone calls, or incidents of manual intervention into the account in respect of each and every charge claimed by the Claimant in the Particulars of Claim; b) how charges are applied to the account (whether automatically or by some other means) and when; c) the Defendant’s assessment of the cost to it of sending any letter making any telephone call or otherwise administering the account, with details of how the cost to the Defendant is calculated and what items of expense are included, or such other costs as are foreseeable in the context of contractual damages and the remoteness thereof and which can be specifically identified and defined and which can be reasonably attributed to each and every breach on the part of the Claimant; d) the justifiably objective principles upon which all such costs are calculated and result in the specific level of each charge levied by the bank in respect of each of the breaches which resulted in the charges now claimed by the Claimant. 2. Where the Defendant avers that the charges are applied in return for the provision of a banking service to the Claimant: a) Please identify each and every such service referred to in the defendant’s terms and conditions and identify the charges, by reference to those terms and conditions, that the Claimant is required to pay for each service identified. b) Please confirm what steps are taken by the defendant in providing the alleged services referred to in the defence. Please provide copies of all notes, memoranda, or other information retained by the defendant to demonstrate the provision of the alleged services to the Claimant. c) Please confirm whether charges are applied automatically. Please note however, I consider that upon allocation this case will be referred to the Small Claims Track, accordingly I consider your CPR Part 18 request to be intimidatory as Part 18 would not apply. Having been in touch with other Nat West claimants I am aware of your recently devised tactics and attempts to cause claimants in person to give up. I shall not be responding to your requests designed to intimidate. I shall of course respond to the order of the Court leaving the matters to be settled by the court. Yours faithfully
  5. Carrie, I am at the same stage as you, Chris and Plutos. The date on my letter from Cobbetts is 30th Aug. I am not sending the CPR part 18. They have asked for it to be returned by 13 Sept, court AQ has to be filed by 19 Sep. There is a standard very long winded but legal sounding document to return to their request for CPR part 18. There is a copy in the library. Someone used it and they sent a cheque out within a couple of days. Fingers crossed. Isobel
  6. Hi Are you going to send the CPR request back or are you going to send reply as above? I am going to go to the court on Monday with revised charges and AQ form. I am looking at putting in the standard CPR request which is abit long-winded but looks legal and official. Your thought...... Isobel
  7. Hi Wissa, how is it going? Not seen you about lately.
  8. Hi Plutos I received the standard defence pack from Cobbetts on Saturday with a request for CPR part 18. You'll laugh at this................. every part of the 7 point defence matters is the same - different wording but they say they have not had details of particulars (list of charges). Also got an AQ from the court. The easy one - N149. Both sets of letters came standard post. Good luck!!
  9. Hi there Is there any benefit to sending the AQ back to the court immediately or should I wait until near the last date for filing? Also have spotted a mistake on my spreadsheet that was originally sent to NAtwest. Can I send an ammended version to the court with AQ? I saw someone had done this and it was OK am I the only stupid person out there?
  10. Hi Chris I am at the same stage as you - They sent defence 1 day past MCOL deadline. Are you going to complete the CPR part 18? I know I don't have too but it might make a difference. Am taking AQ and standard reply to defence tommorrow to court. Good luck.
  11. You have to wait the 28 days and maybe one more. They filed the days after and still were allowed it. If you try to click a message will say that the time is not here yet fo you to proceed. Shame that. being totally stupid now - is lol - laugh out loud? Or is there some other meaning? Duhhhh!!
  12. But impossible, They had to the 30th August to defend my MCOL, they didn't so I requested judgment online and they put in a defence one day late which was accepted by MCOL. Now had defence letter from Cobbetts and AQ form from court. More paperwork to do!!! Am going to the court to hand in on Monday. The fight goes on!!
  13. AQ is the questionnaire from the court to let you know where (ha ha) your case will be heard. Just a tick box easy form to fill in with 10 yes/no answers.
  14. Hi Matt, Just a nudge but it is better if you use the same one thread all the way through. As anyone who has looked at your thread will get an e-mail when someone has replied to you.
  15. Hi Matt It is a delaying tactic. I put in my MCOL and the default date was 30th August. I filed for default online and was just going to press the button to complete and the judgment was halted. 1 day late. Now recieved the AQ form from court and defnce letter from Cobbetts and a request to complete CRP Part 18. I was scared but learnt this is another frightener. Going to fill forms on Monday and take down tothe court. Apparently they even send full refunds before the court set a date. Good luck you will be fine.
  16. Hi Guys, Got the Cobbetts standard letter requesting CPR Part 18 to be completed. Also got the AQ to bent sent to Oxford County Court. Still fighting to the bitter end, that's them not ME!! Chris have you heard anything their time was up on Friday I think?
  17. Thank for that. Thought I had got away with an easy ride. No chance!
  18. I was online to make judjment and my MCOl froze. Logged in again and the judjent has been halted they have put in a defence today. 1 day late. Spoke to MCOL they have deffered defence to my local court. How long till I get their defence and wha happens next. Anyone!!!!!!!!!!
  19. me again, MCOL claim not defended. Do I add to my MCOL 80p per day from 28th July to 29th Aug? Or is there another calculation. I want to finish this ASAP.Please!!!!!!!!
  20. Hi I have filed for a default this morning as now 29 days over Cobbetts time limit. On the claim it asks do I want to claim other interest to date can anyone tell me how to add interest from 28th July 2006 to date? Is there a template to do this? Thanks
  21. Hi, They need a copy of your spreadsheet with interest and the account number and sort code on the top. Also there is a letter in the library to tell them about themselves and why you are claiming. The template is there you just need to put in the figures where the xxxxxxx's are. Good luck. I'm in the same boat. Today is their last day for defence!
  22. Thanks for that!! Just feeling a bit panicky at the moment. Isobel
  23. My claim was deemed to be served on the 2nd August. I hd a photocpy of Acknowledgment of Service with intent to defend by Cobbetts LLP. No signature or name of person responsible. My calculations show they have to the 30th August to defend. Is this true? I haven't had any correspondence as yet from anyone. My MCOL has 'started' in the status box. Do I wait a couple of days extra? Thanks for all your help todate. Isobel
  24. Well done you. I filed on the 10th Aug - the same as you - still waiting !! Hopefully not for too much longer.
  25. Hi, I got the same letter from Capital One a week after asking them for all the charges on my card account. Coincidence - I think not! isobel
×
×
  • Create New...