Reply to stock defence and Part 18 issues

[JonCris]

its' important that the part 18 request is clearly identified/seperate & apart from the actual claim

[Rex]

I received my defence from Cobbetts on 13th and hadnt seen this post. I sent back the response to the CPR part 18 request that i found in a separate thread, and I included my Schedule of Charges. I havent included any response to there defence.

 

Do I need to send any sort of reply to that, or will my schedule by ok on its own with a covering letter?

 

Also I last night received a letter from my local court with the questionnaire and am unsure on how to proceed. Would you advise to postpone any further action for a month, in the hope that Cobbetts will make me an offer. I did speak to Cobbetts yesterday to confirm they had received my schedule and they said they had and would contact me within a week or two.

 

Also i am unsure whether the £100 i need to pay to my local court will be refunded. If I pay the court and then Cobbetts offer me my original amount on the Schedule of Charges, this will not include the £100. Will I be able to claim this back either frmo the Court, or Cobbetts.

 

ANy help is much appreciated.

[Glenn UK]

I received my defence from Corbett's on 13th and hadn't seen this post. I sent back the response to the CPR part 18 request that i found in a separate thread, and I included my Schedule of Charges. I haven't included any response to there defence.

 

Do I need to send any sort of reply to that, or will my schedule by OK on its own with a covering letter? I'm not sure abouts the defence you have received, in general you don't need to reply to the defence, but it might help if you have your own thread and post the info on there so that people can comment about your particular claim rather than make general comments.

 

Also I last night received a letter from my local court with the questionnaire and am unsure on how to proceed. Would you advise to postpone any further action for a month, in the hope that Corbett's will make me an offer. The defendant has had long enough to settle, i wouldn't suggest this did speak to Corbett's yesterday to confirm they had received my schedule and they said they had and would contact me within a week or two.

 

Also i am unsure whether the £100 i need to pay to my local court will be refunded. If I pay the court and then Corbett's offer me my original amount on the Schedule of Charges, this will not include the £100. Will I be able to claim this back either from the Court, or Corbett's.The fee for submitting the allocation questionnaire as well as the fees for submitting the claim are all recoverable, when you get any offer make sure they know you want the charges, the interest you paid, interest you are claiming, court costs and anything else you can legitimately claim.

Oh and you don't claim anything back from the courts, the defendant pays when they want to settle or when the judge finds in your favour.

 

Any help is much appreciated.

 

HTH

 

Glenn

[stoppaRed]

Hi,

Fantastic letter! But, I'm confused!

 

I understood that Cobblers part 18 came with their defence. So what was your reply to their part 18?

And I assume you will have to get that back quickly before you send in the AQ?

[JonCris]

A part 18 request should stand alone & not be sent as part of the defence papers when they could be confused by the litigant in person as being part of the defence. They should also be clear & concise & capable of being understood by the recipient, layman of lawyer

[rbrears]

I agree. The Part 18 requests should be served in the case of a litigant in person in a seperate letter explaining what it is and why it has been served. The fact that bank's lawyes are serving them along with the defence with no explanation just shows how the bank's lawyers are not complying with their duties when dealing with a litigant in person.

[nevos]

Hi, great thread!

 

If anyone is interested and as I hate NatWest so much here is a link to all thier old websites Internet Archive Wayback Machine

 

Goes back from August2006

 

Have fun!

[JonCris]

Great Nevos

[veb13274]

Pete H

Need your help badly. Court case coming up. I put a claim online but did not include schedule of charges even to court or to solicitors. What do I do now? Can I take one to court and send one to bank solicitors?

[pete_h]

Veb,

 

It's not clear what stage your claim has reached. More details required - have Cobbetts

a) entered a defence to the claim?

b) if so have they challenged what they would say is a lack of evidence to back up your claim? If so you could include the schedule as part of a reply to their defence. This is probably better than unilaterally changing your Particulars of Claim (which I believe would also mean you'd have to pay a further fee - £35?).

 

I deliberately avoided MCOL because it doesn't allow you to put forward your case in one go due to lack of space.

 

Pete

[matt_smith2000]

Please see below. Dunno how that happened

[matt_smith2000]

Hello

 

Is this correct.

 

I am sending Cobblers, in response to their CPR Pt18 the following:

 

I acknowledge receipt of your defence & request for further information and clarification.

 

I would like to advise you that I am a litigant in person in this matter, and so do not feel that I am adequately qualified to understand or respond to the points you raise in your letter. Consequently, I have decided that I will wait until the hearing, at which I will ask the judge for guidance on the best way to respond to you.

 

I anticipate that the claim would be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative.

 

However, for clarity, I enclose a schedule of charges and I confirm the charges I am claiming were applied to the following account:

Account name: xxxx

ACCOUNT NUMBER: xxx

SORT CODE: xxxxx

Amount £3762

 

It should be noted, however, that your client has received this schedule of charges no less than 3 times previously, each time via recorded delivery.

 

Signed

 

 

 

I am also sending, separately, a CPR 18 request to Cobblers, thus:

 

 

 

REQUEST FOR FURTHER INFORMATION AND CLARIFICATION

 

 

1.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.If 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. 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.

 

 

I really don't want to screw up at this stage, so is the above correct.

 

Also on my request for more info, do I state that this is pursuant to CPR Pt 18?

 

Regards

[JonCris]

Looks fine & yes you should clearly indicate it's part 18 request.

 

Also you should make mention of the fact that if they do not comply you will make application to the court pursuant to part 18 s5 for their compliance...........You must give them at least 14 days to comply

[veb13274]

Veb,

 

It's not clear what stage your claim has reached. More details required - have Cobbetts

a) entered a defence to the claim?

b) if so have they challenged what they would say is a lack of evidence to back up your claim? If so you could include the schedule as part of a reply to their defence. This is probably better than unilaterally changing your Particulars of Claim (which I believe would also mean you'd have to pay a further fee - £35?).

 

I deliberately avoided MCOL because it doesn't allow you to put forward your case in one go due to lack of space.

 

Pete

Thanks Pete but the bank has now paid in full. Many thanks.

[ony]

I am slowly getting my head round this. I am obviously new to all this and the legal jargon is daunting.

 

I am about to submit an amended POC claim given my original was incorrectly compiled. Can I still use this given the T&C's are no longer on the website and exisiting T&C's taken from the branch have been updated & if so what amendments need I make.

 

Or should I follow the POC completion thread here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

THX

[Pliny the Penuriosus]

In view of the recent B/ham ruling it's important you obtain the original T's&C's which I assume referred to the fees as 'penalties' & not service charges.

 

I understand that any computer buff can access now disgarded web pages which will demonstrate this fact. I suggest you ask the mods for assistance in this regard asap

[ony]

In view of the recent B/ham ruling it's important you obtain the original T's&C's which I assume referred to the fees as 'penalties' & not service charges.

 

.........access now disgarded web pages which will demonstrate this fact. I suggest you ask the mods for assistance in this regard asap

 

I have nosed around and as yet found nothing I will PM and ask but it seems we are on hold until someone can either physically recover a T&C or someone can recover a copy from the internet.

[ony]

Yes you can submit a part 18 now since it is a request for further information about their defence. Note that Part 18 is not intended to apply to small claims, but then your case is not a small claim until allocated by the court after the submission of allocation questionnaires.

 

I have a claim for £8700. I have received an AQ and will request that the court push it to the small claims track. Is that OK? Can I still use the Part 18, which I then send to Cobbetts for full disclosure of costs and not the bank.

 

Also you should make mention of the fact that if they do not comply you will make application to the court pursuant to part 18 s5 for their compliance...........You must give them at least 14 days to comply

 

Could you elaborate on the content to denote the Part 18 in its own right and the wording to ensure their complaince within 14 days.

 

I'm sorry to pose such simple questions but I was up most of the night as I had already made mistakes on my original POC and I do not want to repeat the experience. Do bear with me.

 

THX

[nobodys fool]

excellent post - the terms re-management of the account - making sure it stays within limits indicate its considered breach of contract and invalidate the Lloyds defence (might be worth getting copies of terms before banks change what's on their sites)