Baldrik v Natwest ***WON***

[baldrick]

Here's my polite no to Cobbetts sent today, drawn from other threads, thanx

 

 

 

Cobbetts LLP

Ship Canal House

King Street

Manchester

M2 4WB

 

 

Claim No: xxxxxxx

Account No: xxxxxxx

Sort Code: xxxxxx

 

 

3rd November 2006

 

Response to settlement offer

 

Dear Sirs

 

Thank you for your letter dated 1st November 2006.

I respectfully decline your client’s offer of settlement and request, once again, that they return to me all charges imposed on this account (currently £xxxxxx) plus further costs that occurred by claiming these charges back , totalling £xxxxxx

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I trust this clarifies my position.

 

Yours faithfully

 

 

Baldrick

[baldrick]

I've got my notice of Allocation to the Small Claims track today but it also includes the following point.

"The Claimant shall by the 24th November 2006 file and serve answers to the request for further Informatiom dated 11th October 2006 and served by the Defendant"

It seems that the court is supporting the defendants CPR18 request, I could do with some advice here. Has anyone else had this request from the court? Do I just follow one of the CPR18 replies?

[The cobbett slayer]

I had to respond to a Part 18 request. This was given to me by another user and was, I believe written with the assistance of Bankfodder.

 

Make sure it ties in with the questions in the sequence they are asked but if its Cobbetts standard request it shouldn't be a problem.

 

-----------------------------------------------------------------------

 

Response to CPR Part 18 Request

Claim No: XXXXXXXX

 

Dear Ms. Burgoyne,

 

Now that this matter has been allocated to the small claims track, please find below my responses to your part 18 enquiry.

 

Please understand that it is clear to me and to the court that you are asking questions which are already within your knowledge and as such serve merely as an attempt to obstruct and intimidate legitimate claimants acting in person.

 

For your information and the information of the court I state here that one copy of my schedule of charges was sent to your Manchester office by recorded delivery on 15th September 2006 and a second copy was delivered by hand to your Manchester office on 6th October 2006 and a signed receipt obtained.

 

Paragraph 2.1:-

 

Account Name: xxxxxxxx

Account Number: XXXXXXXX

Sort Code: XXXXXX

 

Paragraph 2.2:-

 

This is contained in the attached schedule of charges which has already been provided to you on two previous occasions and to your client a further two previous occasions.

 

Paragraph 2.3:-

 

(a). Yes.

(b). This has been explained on the particulars of claim.

©. Not applicable.

(d). This is contained in the particulars of claim. Under common law and unfair terms in consumer contract regulations the defendant is entitled only to recover actual losses caused by the claimants breach.

(e). Not applicable.

 

Paragraph 4.1:-

 

Please refer to your standard terms and conditions which form the basis of your current account contract.

 

Paragraph 4.2:-

 

Yes.

 

Paragraph 4.3:-

 

This information is contained in the attached schedule of charges. Four copies of which have been previously supplied to either you or your client.

 

Paragraph 6:-

 

This information is contained in the particulars of claim, but for the avoidance of doubt, it is settled law that the defendant is only entitled to recover actual losses incurred by the claimants’ breach.

 

 

Yours sincerely,

----------------------------------------------------------------------

 

While I was at it I also served a Part 18 request of my own like this. I'm assuming that you have had the standard defence as well.

 

 

IN THE XXXXXXXX COUNTY COURT CLAIM NO XXXXXXX

 

BETWEEN:

 

MR BALDRICK

Claimant

 

And

 

NatWest BANK PLC Defendant

 

 

 

 

 

 

REQUEST FOR FURTHER INFORMATION AND CLARIFICATION

 

 

 

 

 

 

NOTE – IMPORTANT

 

 

 

 

1. This request is served pursuant to CPR Part18

 

 

2. The reason(s) why this request has been served are set out in the Response to Defence which has been served by the Claimant

 

 

3. You are asked to provide a response to this request in accordance with CPR Part 18 by (insert date 14 days from date of request)

 

 

4. If you are unable to provide a response by this date then you should immediately contact the Claimant and tell her when you will be able to provide a response.

 

 

5. In the event that you do not provide an adequate response to this request by this date (or such other date as may be agreed by the Claimant) then the Claimant will apply to the Court for an order requiring you to provide the information requested.

 

 

 

 

 

The Request

 

 

1. In the Defence you state: Further, the Claimant is required to plead and prove that the charges which have been debited are unreasonable; (b) all facts and matters relied upon by the Claimant in support of this case and © what charges would have been reasonable.

 

2. Please provide the following particulars to enable the Claimant to respond adequately to the Defence

 

2.1 In relation to each charge identified by the Claimant in response to the Defendants request pursuant to CPR Part 18, please provide the actual cost incurred by the Defendant in administering the alleged breach giving rise to the charge.

 

Dated XXXXXXXXX

 

 

 

 

General opinion is that they won't want to disclose and will offer a settlement of some sort

 

Hope this is of help but please feel free to take other opinions before launching yourself off the deep end.

 

 

 

 

 

 

[baldrick]

Paul, thanks so much, this is exactly what I was looking for, I'll digest and sort out my response in due course.

[baldrick]

I've completed my CPR18 request for Cobbetts with only slight adjustment from Paul's template, and I've filed my CPR18 request asking " in relation to each charge identified by the Claimant in response to the Defendants request pursuant to CPR18, please provide the actual cost incurred by the Defendant in administering the alleged breach giving rise to the charge" They have 14 days to respond.

[baldrick]

I've been looking forward to writing this post for several months

I've won

but they've put to be paid into a closed account on the cheque!

[baldrick]

and in the post a cheque for £200 from ACE, not a bad day, must start the next claim

[livelylad]

CONGRATULATIONS

 

BUT THEY ARE MUPPETS!!!!!!!!!! WRONG ACCOUNT!!

[MARTIN3030]

Yes well done.

Please take some time to fill out the survey (top of page )

[Deller]

Already replied in my thread Baldrick, but its such great news I'll say it again.....WELL DONE!!

[cheddar]

CONGRATS!!! Just have to wait for them to send you the right cheque now! lol!

[baldrick]

I've spoken to Cobbetts this morning and they(Anne Marie Bolan) has said they will issue another cheque. Meanwwhile I've posted the other one back, sorry to see it go, it gave me a nice warm feeling in the wallet department. Thanks to everyone who has helped me and offered congrats, good luck to all those still claiming, and newbies can see my case has been very straight forward.

[bigmama59]

Congratulations!

 

Hope my claim goes as well!

[baldrick]

Received a letter from Natwest today offering me £70 for my second account, since I'm claiming £160 and I think I've proved my resolve, I'm inclined to decline

[baldrick]

Still not received my replacement cheque from Natwest, so I've faxed the court today asking them to set a date for the hearing, this might speed them up

[anij]

Hi Congratulations. Can you or anyonne else answer a question please?

 

Sent my letter to decline 50% offer last week, today got their AQ filed by them at court. in 'other information' they have written "case management directions cannot be proposed until the claiment serves a reply to the request for Further Information which was due on 22 November. In light of this, the defendant may amed its defense or apply to strike out'

 

is this just their ususal scare tactics since all the correct paperwork has been sent and by the due date, i told them the CPR 18 thing did not apply using templates from library, but also sent another copy of the claim schedule.

 

thanks anij

[baldrick]

You might aswell answer the CPR18, it is just a delaying tactic but its probably quicker in the end, if you counter CPR18 they'll probably fold as they just can't answer the question of "what are the actual costs incurred"

[brunette31]

ive sent my letter over 14 days ago NATWEST not replied, what should i do now???

[baldrick]

Brunette...phone them up, I presume your letter is the SAR(subject access request) for statements. There's a number for the data protection dept in the RBS that handles all this 01316261165 ask for Joyce Tudor. Well I've just received the replacement cheque and banked it fast as I could. It'll be a good Christmas after all.

[anij]

Hi I haven't actually had a CPR from them, so will see what happens.

[Todge]

Baldrick

 

Just about to send off LBA to GnatWest. What interest rate did you use?

 

They've been hitting me with about 15-16% contractual rate regularly, but do I have to use the Statutory 8% in reclaiming?

 

The rate has gone up and down over the last couple of years, which makes calculating it difficult.

 

Should I just pick a 'ball park' rate (12%?) which seems reasonable?

 

Todge.

 

PS: Well done, by the way. Very encouraging result.

[baldrick]

Todge, you can only claim the interest when you make a court claim, and then its 8%

[baldrick]

Hi Congratulations. Can you or anyonne else answer a question please?

 

Sent my letter to decline 50% offer last week, today got their AQ filed by them at court. in 'other information' they have written "case management directions cannot be proposed until the claiment serves a reply to the request for Further Information which was due on 22 November. In light of this, the defendant may amed its defense or apply to strike out'

 

is this just their ususal scare tactics since all the correct paperwork has been sent and by the due date, i told them the CPR 18 thing did not apply using templates from library, but also sent another copy of the claim schedule.

 

thanks anij

Anij,

Request for further information pursuant to CPR18..if you haven't had one, contact the court, they can be helpful, I wouldn't just wait.