Hill V Natwest

[joload]

I have just done a MCOL for a friend of mine - am I right in thinking I have to send copies of the spreadsheet to the court once ithas been acknowledged? and what info do I pm the Mods to go in the litagation section?

 

Manythanks

 

:? :?

[joload]

can anyone help please?

[joload]

got a letter from court with thing from natwest to say they will be defending the whole claim.

 

They have 28 days to file a response is this normal?

[joload]

So the 28 days is now nearly up Wednesday - they ahve not responded.

 

What happens then do we win by default?

[Michael Browne]

Nat west will probably defend at the very last moment. If they don't then you can apply for judgement by default.

[joload]

Appling for judgement online today - yesterday was deadline for deffence none received.

[darthbane2k]

Appling for judgement online today - yesterday was deadline for deffence none received.

 

can you let us know what happens..

[joload]

Does it charge when you apply for judgement - not quiet sure of what happens now and the jargon is confusing me.

 

It looks like in other threads that natwest always miss the dealine for defence anyway!!??

[joload]

so just afet applied for judgement today postie brings a nice pack from cobetts requesting cpr18 sending this letter

 

Dear Sir or Madam:

 

Claim No: ?

I Acknowledge the receipt of the defence posted on behalf of National Westminster Bank plc.

 

I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will 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

 

Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court.

 

However, for clarity, I confirm the charges I am claiming were applied to the following accounts:

SORT CODE: ACCOUNT NUMBER:

 

 

Please also find enclosed a breakdown of all charges I am claiming. This schedule of charges was provided to National Westminster Bank in earlier correspondence, and is based on the information acquired from the Bank’s own records.

 

 

copied from someone elses thread

so I am expecting the AQ through anyday now

Do I have to pay to submit this ?? is it £100??

 

 

 

 

[uk_joe]

It is £100 when you submit your AQ yes, although if you are claiming benefits you may this this reduced - I'm not sure, but worth checking with the court. When you win you will get the £100 back anyway.

 

I'm just a short way ahead of you having sent off my AQ a few weeks ago with the £100 fee.

[joload]

ok so today got a dummy spit letter from cobbetts saying

 

we note your comments for our request for further information. it is our clients contention that your particulars of claim did not properlary particularise your claim. For exapmle our client cannot properly defend a claim where you have notr given the details of each charge you claim is disproportionate and unreasonable. The court is bound by overriding objective to deal with cases justly and ensure that paries are on an equal footing. It was clearly the case that our client could not respond to your claim where you didn ot provide suffiecient particulars. Our client therefore objects to your allegation that the request is imtimidateing.""

 

 

So what now do i reply to this if so how -i am sure I have seen this letter on another thread but cannot find it now.....Please help me I have got this far and don't want to stumble anywhere.....

[darthbane2k]

ok so today got a dummy spit letter from cobbetts saying

 

we note your comments for our request for further information. it is our clients contention that your particulars of claim did not properlary particularise your claim. For exapmle our client cannot properly defend a claim where you have notr given the details of each charge you claim is disproportionate and unreasonable. The court is bound by overriding objective to deal with cases justly and ensure that paries are on an equal footing. It was clearly the case that our client could not respond to your claim where you didn ot provide suffiecient particulars. Our client therefore objects to your allegation that the request is imtimidateing.""

 

 

So what now do i reply to this if so how -i am sure I have seen this letter on another thread but cannot find it now.....Please help me I have got this far and don't want to stumble anywhere.....

 

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.

[joload]

thanks darthdane2k letter now been sent .......hopefully shouldn't be too much longer now.

[joload]

first offer received today - obviously reffused less than 50% of claim.