Grant V Natwest

[chuck2001]

Hi deller1 and thanks for reply,

 

I appreciate that and have included the relevent in my poc, but im quereing the amounts to enter.

 

eg before claim stage, I was requesting charges of £2280.00 + 541.18 overdraft interest, so what do I enter at section 5c £2280.00 or £2821.18. Also the amount to be entered on page 1 bottom right amount of claim.

 

Again sorry if I appear a bit dense.

 

Chuck

[Deller]

I actually filed my claim with MCOL so didn't use the N1 form, but I'd imagine they are pretty much the same with regards to claim ammounts, therefore I would be inclined to enter Charges + Interest in 5c, then Charges + Interest + 8% for total of claim.

[chuck2001]

Thanks again deller1 for quick reply will ammend N1 accordingly.

 

 

Chuck

[chuck2001]

Hi guys, going to file claim on thurs just wanted to post N1 details so that I have covered everything ok.

 

Brief details of claim

 

The Claimant had a bank account with the Defendant. The Defendant deducted from the account various amounts of money in penalty charges. The Claimant contends that these charges were legally unenforceable and the Claimant is demanding the repayment of money.

 

Value

 

The Claimant claims:

a) the return of the amounts in the sum of £2821.18 debited by Defendant in terms of charges

b) court costs

c) Interest pursuant to section 69 County Courts Act 1984 at the rate of 8% per year as set out on the attached list of charges from 5 January 2001 to 31 January 2005 of £870.80 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.022%

 

Amount Claimed £3691.98

Solicitor's Cost Nil

Court Costs £120.00

Total £3811.98

 

PARTICULARS OF CLAIM

 

1. The Claimant had an account ("Account No ******** Sort Code **-**-**") with the Defendant.

2. During the period in which the Account was operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms Act 1977 and the common law.

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £2821.18 and any interest charged thereon;

b) Court costs;

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

What do you think?

 

On another note popped down to the court today to ask if I could sit in on a couple of small claims. I just have to let them know which day and they will sort it for me. Just in case you never know I could be one of the few that has to go all the way.

 

Cheers Chuck

[cheddar]

Looks good to me mine is in my thread which is in the sucess forum or click in the link belowe to compare N1 POC

[chuck2001]

Cheers Cheddar, I think im getting a little paranoid as its so close to filing claim, started back in August so hopefully not much longer now.

 

Chuck

[Deller]

You have nothing to fear, your POC details look absolutely fine. It can get a little daunting once you reach the stage of filing your claim but just remember many many others go through it and come out the other end. Have a look through some of the success stories and you will see that your POC details are the same as those who have won!!

You have come a long way, so try not to get too aprehensive, just stick to the procedure and just ask if you get any problems or need any advice!!

[chuck2001]

Cheers deller1 for your words of encouragement it means alot, I know it can be daunting but Ive come this far now and will hold out to the bitter end. If I do get worried I always go through the T. Bandits thread as he fought to the end and won.

 

Cheers again.

 

Chuck

[chuck2001]

Just for clarification, filing claim tomorrow, the schedule of charges to include.

 

Is it both pages of the spreadsheet ie charges & interest page 1 and 8% page 2 or is it just page 2?

 

Cheers

 

Chuck

[Deller]

Just for clarification, filing claim tomorrow, the schedule of charges to include.

 

Is it both pages of the spreadsheet ie charges & interest page 1 and 8% page 2 or is it just page 2?

 

Cheers

 

Chuck

 

Just need to include page 2 now as this covers everthing you'll be claiming.

[chuck2001]

Thought as much, just wanted to be sure.

 

Cheers deller1 off to court to file in the morning.

 

 

Chuck

[chuck2001]

Just an update.

 

Claim submitted today at local court.

 

Chuck

[chuck2001]

Well today I recieved the Notice of Issue from the court detailing that my claim will be deemed served on the 27.11.06 and the defendant has until the 11.12.06 to reply.

 

Chuck

[Deller]

Well today I recieved the Notice of Issue from the court detailing that my claim will be deemed served on the 27.11.06 and the defendant has until the 11.12.06 to reply.

 

Chuck

 

They will more than likely use all that timescale too.....they usually do!!

[chuck2001]

Well heard nothing yet, but no doubt they will acknowlege the claim right at the last minute.

 

 

Chuck

[Deller]

Well heard nothing yet, but no doubt they will acknowlege the claim right at the last minute.

 

 

Chuck

 

More than likely!!

[chuck2001]

Got the acknowledgement of service today with the intention to defend all of the claim. Bring it on.

 

 

Chuck

[chuck2001]

Well yet another update, no news yet, deadline for defence is xmas day.

 

 

Still hanging in there.

 

 

Chuck

[chuck2001]

Defence arrived today, bit over my head, going to need advice. Will post details later.

 

 

Chuck

[ataction]

Probably standard defence. Any queries?

[Guest kelly hulme]

Hi Chuck,

We're running to the same schedule as you with Natwest,

they filed defence 22/Dec

 

Good Luck & keep us posted

[dantracey]

Hi Chuck good luck, i too received defence today,dated 22.12.06, which im suprised at as i got a week early, proberbly had a mass clearout for xmas.

 

Good luck

 

Tracey

[chuck2001]

Well as promised here's the defence recieved today.

 

Defence

1. This Defence is filed and served without prejudice to the Defendant’s case that the Particulars of Claim do not disclose reasonable grounds for bringing a claim against the Claimant to recover the bank charges ( and interest thereon ) referred to in the Particulars of Claim or any other sum(s). In the event that the Claimant does not properly particularise his claim then the Defendant will apply to strike out the claim and/or for summary judgement in respect of the same.

2. On allocation the Defendant invites the Court to direct that there be a case management conference in order for the Court to consider the making of appropriate orders to give the Claimant the opportunity to properly particularise his claim.

3. No admissions are made as to what charges have been debited to the Claimant’s account.

4. In relation to the allegation that the contractual provisions to which the charges have been applied are unenforceable by virtue of the Unfair Contract Terms Act ( “UCTA 1977” ) and/or the common law, the Claimant is required to identify:

4.1 (a) the section(s) of the Unfair Contract Terms Act (“UCTA 1977”);

(b) the principles of common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable; and

4.2 the contractual provision(s) that the Claimant allege are invalid by reference to UCTA 1977.

Until such time as these sections/provisions are identified the Defendant cannot ( save as appears below ) plead further to the allegation referred to in paragraph 4 above. The Defendant therefore reserves its right to plead further to the allegation once (and if) the Claimant identifies the relevant contractual information.

5. Save as hereinbefore appears the Defendant joins with the Claimant on his claim(s) and denies that it is liable to the Claimant as alleged or at all.

Statement of Truth (Blah Blah)

My questions are:-

1. Should I furnish them with a proper response answering the questions outlined in para 4, or just send a simple letter acknowleging the defence and awat the AQ.

2. Have I got anything to worry about in this defence as to me it seems a standard one as seen in other threads.

Any help/advice much appreciated.

Chuck

[Michael Browne]

1 Suitable response here:

http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request-7.html#post386449

 

2. Their defence is shorter than some they have submitted, but otherwise entirely standard.

[chuck2001]

That was a fast reply Michael, I didn't think this was a Cpr part 18 request but hey ho what do I know. Will knock out response and send it off tomorrow. Should I also send a copy to the court and send Cobbets a new schedule of charges?

 

Cheers Michael your a star.

 

 

chuck