Reply to stock defence and Part 18 issues

[pete_h]

What an excellent original post rbrears!!

 

Just to update slightly, Natwest have removed the Terms from their website so you won't be able to say that that's where you got them from.

 

I wonder why (NOT!!) - in my view it's to stop us copying and pasting their own words and firing them back at them.

 

To other posters I'd say DON'T WORRY - you just have to go into the branch and pick up a printed copy of the Terms - check they havent been altered since they original post though.

 

I'd do it soon though - I wouldn't be surprised if they got their lawyers to redraft the wording soon to present the situation of customers exceeding overdrafts etc as being merely being a circumstance under which an agreed prearranged fee is charged which is how they'd like their gross overcharging [problem] to be viewed by the Courts (rather than as breaches of contract attracting cost reimbursement only).

 

Best of Luck,

 

 

Pete

[pete_h]

Response to Haydn's comment

 

Hi Haydn

 

I only give this advice as a non lawyer, albeit as someone who has been involved in major £ claims in the construction industry, but at the same time I've never done the nitty gritty in the courts -

 

You ask "Do I really need to send them a statement of how I arrived at my claim? Surely they have the figures on their computer and can see how much they have charged. Isnt it up to them to arrive at a different figure if they do not agree with mine".

 

The basic principle of civil cases such as these is that we have to show that the banks are wrong "on the balance of probabilities" ie at proof better than 50/50 we are right. Also the Claimant (us) has to make the running - they call this legal principle "He who asserts must prove" - ie just as in a criminal case the defendant can sit back till we make a proper case against them. The defendant shouldn't have to work out and provide the case against themselves. If someone had sued you you'd expect them to prove their case without any help from you.

 

Please don't think I'm a bank sympathiser- I'm trying to help my daughter get over £1000 back from the t@@ts!!! We just have to play by the rules................................AND WIN!!!!!!!!!!!!!!

 

Very best of luck with your claim,

 

Regards,

 

Pete

[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