Jump to content

Holger

Registered Users

Change your profile picture
  • Posts

    2
  • Joined

  • Last visited

Reputation

1 Neutral
  1. Hi there, thanks so far to everyone who has helped with my claim. I've just received a cheque from Cobbetts about the full amount that I have claimed (including interest and the £120 for the online claim). Now they want me to send a template letter to notify the court that I discontinue this claim. However, I'm still not sure if I should take the cheque and cash in, because I intend to start a second claim (regarding the charges that have been accrued on my account since the last claim). What worries me is the wording in the Cobbetts letter: "Acceptance by you of this goodwill payment will be in full and final settlement of your claim against our client (...) Please note that any charges that properly accrue in the future will be applied to your account in line with our client's published tariff and in accordance with your agreement with our client". My question: Can I chash in now and still go ahead with a second claim? Many thanks for suggestions. Holger
  2. I would appreciate if someone could help me with the wording for a CPR18 reply. Wandsworth County Court have written to me and asked me to complete CPR 18 so I want to make sure that it’s done properly. My particular problem: When I filed my claim against NatWest via money claim online, I included the following two paragraphs: (..) 2. The charges applied constitute an unfair penalty under the Unfair Terms in Consumer Contracts Regulations, which state: A term is unfair if it requires any consumer who fails his obligation to pay a disproportionately high sum in compensation. The amount charged does not reflect the cost of the breach. 3. Under the law of penalties, the charges are an unlawful extravagant penalty. Like most of us I don’t hold a law degree and had the above sentences cut and pasted from another template. Now Cobbetts are asking me in their cpr18 request to be more specific. They write: (…) 3. In your claim you state that “the changes are an unlawful, extravagant penalty”. 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 a 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. 5. In your claim you state that the charges are: “an unfair penalty under the Unfair Terms 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, in particular please identify the contractual provision(s) that the Claimant alleges are invalid by reference to the Regulations. Are there template answers to these questions somewhere on the net? Could someone tell me how I can respond? Many thanks Holger
×
×
  • Create New...