Hi all here are my details should it be of any assistance. LCB LZD RR Started my claim on 23 August 2006 for just over 3k Cobbetts LLP have paid up this morning however id did contact them last week to see where my acceptance to partial payment was they stated they were waiting for response from the bank. then 7 days later my cheque arrived. hope this is ok and the details you wanted.

as you are aware i have recieved my cheque today, however they have paid me all i ask for except the 100.00 paid out for AQ, should i just write this off or should i contact cobbetss/natwest and ask for this to be refunded.

Can Mod Plse Move Thread Thanks All For Your Help!

JUST AN UPDATE RECIEVED MY CHEQUE IN THIS MORNING POST YIPEE will make donation once cheque is cleared

WHEREMYWALLET REALLY GOOD TO HEAR YOU HAVE WON CONGRATULATIONS CAN I JUST ASK I RECIEVED THE SAME DETAILS IN THE COPY OF AQ FROM COBBETS ABOUT CASE MANAGEMENT DID YOU SEND THE LETTER ABOVE TO THEM, OR DID YOU RECIEVE THE PAYMENT FIRST. JUST WANTED TO KNOW AS NOT SURE WHETHER I SHOULD RESPOND TO THIS OR SIT TIGHT FOR A BIT LONGER. CONGRATUALTION AGAIN

shelty. From your thread i can see you and i were at about the same stage. can i ask when you AQ was due back to the court. I know you have now won but just wounder if the same will happen for me shortly

jus to keep thrad updated, AQ sent back to courts, have spoken to courts who have informed me that details will be passed on to district judge who will then set a date should hear shortly about date of hearing. AQ were supposed to be with courts on 06/11/06, have recieved a copy of cobbetts aq. However have notice in Question G OTHER INFO cobbetss have stated there request for further information which was due on 31/10/06 and in light of this may amend there claim or apply to strike out. have i missed anything or is this standard as have sent numerous copies of charging schedule so they have all details. do i need to respond to this now or is it just a matter of waiting.

Just keeping you up to date have now recieved a just about 50% offer from cobbetts for claim. i am i right in saying i should write back accepting this as part payment and will continue with claim or as the letter stated this is in full settlement should i decline letter states it is a goodwill gesture and acceptance by myself of payment to settle claim in full on basis i agree to not disclose to any third party the fact and details relating to this payment . and i write to court to withdrawl claim, as this letter is written without prejudice save as to cost in event i decline offer it will be brought to attention of court. any one no what i should respond to any help and advice much needed thanks

hi have also recieved same letter from cobbets yesterday i have until the 7th of november to respond. we also accept offer as partial payment but will pursue with claim for the amount outstanding. will be sending response to cobbetts this weekend.

im keeping my fingers cross my cheque will come soon. We can only hope. I hope all goes well for you and your claim lets see what happens next for the both of us. goodluck

Thank you vey much will get on to this now and post first thing tomorrow. thanks again michael.

THANKS VERY MUCH, YES I DID LOOK AT THE AQ DETAILS BUT JUST WANTED TO MAKE SURE I DIDN'T MISS ANYTHING AS I WANT THIS CLAIM TO GO THROUGH WITH OUT AN HASSEL. WITH REGARDS TO CPR PART 18, YES I DID RESPOND WITH EXCATLY THE SAME AS YOU HAVE WRITTEN ABOVE, HOWEVER I HAVE NOW RECIEVED ANOTHER LETTER FROM COBBETTS, LETTER STATES: WE REFER TO YOU LETTER DATED 18/10/06 REGARDING REQUEST FOR FURTHER INFO. IT IS OUR CLIENTS CONTENTION THAT YO PARTICULARS DID NOT PROPERLY PARTICULARISE YOUR CLAIM, WE ARE UNABLE TO DEFEND CLAIM WHERE YOU HAVE NOT GIVEN DETAILS OF EACH CHARGE WHICH IS DISPROPORIONATE AND UNREADONABLE. THE COURT IS BOUND BY AN OVERIDING OBJECTIVE TO DEAL WITH CASES JUSTLY AND ENSURE THAT ALL PARTIES ARE ON EQUALL FOOTING, OUR CLIENT OBJECTS TO ALLEGATIN OF INTIMIDATION. (AND SO ON) SHOULD I SEND THIS LETTER NOW (I COPIED THIS FROM MOUSTACHEMAN AS HE RECIEVED SAME LETTER) Dear Sir, I refer to your letter dated XXX I note your comments on my allegation that your CPR Part 18 request is intimidating. It is my contention that my Particulars of Claim did properly particularise my claim. For example, a schedule of charges, which fully details each charge I claim is disproportionate and unreasonable, has been sent to your client, the court and yourselves at every stage. I agree that the court is bound with an overriding objective to deal with cases justly and ensure that parties are on an equal footing. It was clearly the case that your client could respond to my claim since I have provided sufficient particulars. I object therefore to your allegation that your client was not on an equal footing. Yours faithfully. WOULD YOU AGREE!!!

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plse see copy of cobbetts defence filed am struggling to complete AQ. plse look through and advise what i need to do next in relation to defence and also any help with section G of AQ N149 form would be very heplful. COBBETTS DEFENCE Defence is filed and served without prejudice to the defendant’s case that the particulars of claim do not disclose reasonable ground s for bringing a claim against the claimant to recover bank charges (and interest thereon) referred to in the particulars of claim or any other sum. In the event that the claimant does not properly particularise her claim then the defendant will apply to strike out the claim and /or for summary judgement in respect of the same. no admissions are made as to what charges have been debited to the claimants bank account. the claimant is put to strict proof of each and every charge the subject of the claim and must identify in respect of each charge(a) the date the same was debited (b) the amount of the same © the description applied to the charge. in relation to the allegation that the bank charges amount to an unenforceable penalty the defendant pleads as follows 4.1 In order for the claimant to sustain a claim that the charges debited by the defendant are in the nature of a penalty he will need to plead and prove (a) the clauses pursuant to which the charges were applied, (b) that the charges were applied due to a breach of contract by the claimant, and © identifying in each case the particular breach of contract (by reference to appropriate terms) of the contract that the charges related to. As presently pleaded the claim does not plead these matters and therefore does not disclose reasonable grounds for bringing a claim that all or any of the charges refereed to in the particulars of claim have been applied pursuant to an unenforceable penalty clause. 4.2 Until such time as the claimant pleads the matters referred to in paragraph 4.1 above the defendant is unable to plead to the claim brought against it and therefore (pending the provision of full and proper particulars of the claim) at this stage denies that any charges have been applied to claimants bank account pursuant to unenforceable penalty clauses. In relation to the allegation that the contractual provisions pursuant to which the charges have been applied are invalid pursuant to the unfair contract terms act 1977 (UTCA 1977) and / or the unfair contract terms in consumer regulations 1999 (the Regulations) and / or section 15 supply of goods and services act 1982 (SGSA). 5.1 The claimant is required to identify the contractual provisions that she alleges are invalid by reference to UTCA 1977 and/or the regulations. Until such time as these provisions are identified the defendant cannot (save as appears below) plead to the allegations referred to in paragraph 5 above. The defendant therefore reserves its right to plead further to the allegation once (and if) the claimant identifies the relevant contractual provisions. 5.2 In relations to the case of the claimant that the contractual provisions are invalid pursuant to section 4 UTCA 1977 then it is the case of the defendant that the section is not applicable as any contractual provisions relating to charges do not relate to the defendants liability for negligence of breach of contract. 5.3 In relation to the case of the claimant that the contractual provisions are invalid pursuant to the regulations the defendant pleads as follows: 5.3.1 Schedule 2 to the regulations is an Indicative and non-exhaustive lust of terms which may be regarded as unfair (emphasis supplied) 5.3.2 If claimant is to rely upon paragraph 1(e) of schedule 2 to the Regulations then she is required to plead and prove in relation to each bank charge that she seeks to recover the matters referred to in paragraph 5.1 above and all facts and matter relied upon in alleging that the sums paid are disproportionately high. 5.3.3 In the circumstances no grounds are disclosed for a claim that the contractual provisions (whatever they are alleged to be –see paragraph 5.1 above) falls foul of the regulations and in particular paragraph 1(e) of schedule 2. 5.3.4 The defendant is therefore unable (save as appears below) to plead to this allegation beyond denying that any bank charges have been applied pursuant to terms which contravene the regulations. The defendant reserves its right to plead further to this allegation once (and if) the particulars referred to in paragraph 5.3.2 above are provided. 5.3.5 With out prejudice to paragraph 5.3.4 it is the case of the claimant that the regulation have no application because the charges amount to payment for services provided by the defendant and the adequacy (or otherwise) of consideration paid under a contract for services is not an issue to be judged by reference to principles of fairness under regulations. 5.4 In relation to the case of the claimant that the charges are unreasonable within the meaning of SGSA section15 the defendant pleads as follows: 5.4.1 The claimant is required to plead and prove the necessary factors(referred to in section 15 SGSA) concerning the contract between the claimant and the defendant which mean that pursuant to SGSA section 15 there is an implied term that the claimant pay a reasonable charge for the services under the contract. 5.4.2 Further, the claimant is required to plead and prove (a) that the bank charges which have been debited are unreasonable (b) all facts and matters relied upon by the claimant in support of this case and c) what charges would have been reasonable. 5.4.3 In the circumstances no grounds are disclosed for a claim that the defendant has acted in breach of SGSA section15 5.4.4 In the circumstances (save as appears below) the defendant is unable to plead to this allegation beyond denying that it has acted in breach of SGSA section 15 as alleged or at all. The defendant reserves its right to plead further to this allegation once (and if) the defects in the pleaded case referred to in paragraph 5.41 – 5.43 above are addressed. 5.4.5 It is the case of the defendant that the contract between the claim ant and the defendant does not fall within SGSA section 15 because (a) the consideration for the service would be determined by the contract between the claimant and the defendant and (b) was not left to be determined in a manner agreed by the contract or determined by the course of dealing s between the claimant and the defendant. To assist the claimant with the proper particularisation of her claim the defendant serves with this defence a request made pursuant to CPR part 18. If the claimant fails to provide the particulars requested in the time stipulated and or the defects with the claim (referred to in paragraph1 above) remain then the defendant will apply to the court for (among other things) an order striking out the claim. Pending the proper particulars 9of the claim, the defendant is unable to plead to the claimant as alleged in the claim o at all. The defendant reserves its right to amend this defence to plead further to the claimant claim once or if the claimant properly particularises the same.

i receievd virtually excatly the same letter too. are you responding to them i not sure what to do either.