Tesco, Cobbletts & CPR18

[sausagepie]

Merry Royal Morning to you all

 

This is my first post and I need a bit of help.

 

In dispute with Tesco over credit card charges. Tesco agreed to refund charges but no interest. Have issued claim in court. Had 'request for further info' from cobbetts which i didn't respond to but responded to their 'embarrassed defence' to say that full list of charges was already provided with pocl (and it was provided to me by tesco in any case) and that all bits of my case were in the POCL.

 

Both parties have filed AQs.

 

Yesterday morning I got an order from the court telling me to respond within 14 days to Cobbletts CPR18 request or they would strike out the claim.

 

 

So this is where I'm a bit stuck. I can send then the list of charges again but all the other requests (which regulations I'm relying on, etc) I thought were already in the detailed POCL I sent (I adapted one of the ones on in the library).

 

Any help would be appreciated (once you've all finished gasping in awe at Kate's frock, of course)....

[rebel11]

Hi sa

 

Welcome to CAG

The guys will advise as soon as they are available.

 

Thread moved.

[nicklea]

You haven't really said what was asked for in their CPR18 request. It would help if you told us what they have asked for and why you think that you can't provide it.

[sausagepie]

It's the standard 'request for further information' that lots of other people have said they received...

1. In your claim you state "....a penalty on breach of contract and thus unenforceable and an unfair term under the UTCCR 1999". Ploease provide the following in support of your claim:-

1.1 in realtion to each charge a) the date when the charge was made b) the amount c) reasons for charge

1.2 In relation to each charge a) is the case that it should not have been charged b) if yes, why? c) if no, is it that this amount should not have been charged? d) if yes, why and what charge should have been made? e) if no, please state your case

2. In your claim you state charges are "an unfair penalty under the UTCCR 1999" Please specify all of the facts relied on and identify which regaulations are relied on

 

I've cut it down a bit but that's basically what it says.

 

I used the standard PoCL from the library as my claim.

 

I see from lots of other posts that this is a standard document that Cobblers send out but I'm unable to find anyone who has responded to it.

 

Please note that I have an Order from the court requiring me to respond.

[sausagepie]

Just to add, I included a full list of charges (with interest calcd) in schedule 2 of my POCL and I noted to the court that this was the case (even though Cobblers seem to suggest in they're defence document dated 30th March they've never seen the list). But I received a letter from Fresco dated the same day as their defence which included a list of charges. I have pointed this all out to the court and told them they are wasting the courts time but they still told me I have to respond.

[sausagepie]

No-one to help?

[sausagepie]

For anyone who is interested (it doesn't appear anyone is) the advice given in the library to ask for the defence to be struck out and supply the Lincolnc court ruling, etc, etc is flawed. The Judge responded to mine with "...it has no basis in law and the cases quoted have been superceded". Or words to that effect.

 

This CPR18 is Cobblers standard response to claims and I see hundreds of notes about it on the forums. I can't believe there's no-one here who has responded....