Skyline v NatWest

[r33skyline]

Michael

 

Is this standard practice ,i was under the impression they would not file a defence ?

[Deller]

Michael

 

Is this standard practice ,i was under the impression they would not file a defence ?

 

Yes they seem to be filing defences in most of the cases now, just a stalling tactic really, puts off the inevitable.......payout!!

[Michael Browne]

I haven't known Natwest not to file a defence.

[r33skyline]

I have a letter from Cobbets LLP asking me for further information

 

They require the particulars of my claim ,i guess the spreadsheet of my claim will suffice .

 

I am also asked ; This request is served pursuant to CPR Part 18 alternativley with regardto CPR rule 27.2(3)

 

 

Reading through this long and complicated document i believe the defence are purely asking for an accurate list of the unfair charges and dates that the spreadsheet will provide .

 

Is sending the spreadsheet of charges the correct action to take or do i need to include any other details ?

[Michael Browne]

Send the schedule with either of these letters:

 

I write in response to the recently submitted Defence and Request for Further Information you submitted to XXXXXX Court, relating to my claim (claim number – XXXXXXXX) against your client Nat Wesr Bank

 

I understand you have asked for a detailed schedule individually listing all charges debited to my bank account. I have of course provided a schedule of the charges and believe this is sufficient for your clients to exactly understand the details of my case. Please find an additional copy enclosed. Particularly, as your clients have always been fully aware of all charges they have made to my account and indeed, my calculations have been taken directly from information they have supplied me. I suggest you obtain a schedule from your clients as to their confirmation of the charges they have made (and interest thereon).

 

I believe both yourselves and Nat West have been supplied with all of the details necessary to move this claim forwards.

 

I am aware that the Court can order certain and further information from both parties, you appear to have attempted to obtain this information suggesting I am under strict obligations to obey your requests rather than the Courts. With this in mind, I see no reason why I should be sending you any further information relating to this case. It is the Court that decides whether or not any further information is required, not yourselves.

 

Where the Court orders such detailed information, I shall request reciprocal documentation from your clients detailing those same charges and interest to which I am reclaiming along with evidence to confirm the exact costs to which your clients have been subjected and from which they have added profit margins to arrive at the eventual charge made to my accounts for each and every charge.

 

If you feel it other than an abuse of the process to request for further information in the manner you requested it, I have no difficulty in making a reciprocal request.

 

On the advice of other claimants, whose claims are in identical circumstances to mine and who have been passed on to you by Nat West, I will be sending a copy of this letter to the Court..

 

I consider that upon allocation this case will be referred to the Small Claims Track; accordingly I consider your CPR Part 18 request to be irrelevant as Part 18 would not apply. I shall not be responding to your requests. I shall of course respond to the order of the Court leaving the matters to be settled by the court

 

Dear Sir or Madam:

Claim No: XXXXX

 

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:

 

Account number: XXXX

 

Sort Code: 11-11-11

 

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.

 

Yours sincerely

 

[r33skyline]

I have received a letter from Cobbets referring to my claim and they have enclosed "a copy of our clients allocation questionnaire which has today been filed at the court"

 

Under Other information Cobbetts have stated

 

case management directions cannot be proposed until the claimant serves a reply to the request for further information which was due on Dec 8 2006.In light of this ,the defendant may amend its defence or apply for a strike out.

 

 

I have supplied the information twice in spread sheet form with the above letters although the request for the 8th Dec would have been received later by Cobbetts .

Should i contact them to double check they have the information or are they trying to drag me into correspondence with them ?

[r33skyline]

Recieved today from Cobbets

 

Our client considers that your challenge to its charges would fail in court. Our client believes that its charges are fair,reasonable and transparent.It considers that the amounts debited from your account has been applied strictly in accordance with your agreement with it and its published tariff .Our client is also committed to ensuring the transparency of the information that it gives to its customers about the operation of its products.As such,our client does not believe that your claim has any prospect of succeeding .

 

However as a gesture of goodwill and strictly on the basis that our client rejects any liability to you, it is willing to offer you a goodwill payment of £1,000.

 

Acceptance by you of this goodwill payment will be in full and final settlement of your claim against our client on the basis that ; -

 

1. You agree not to disclose to any third party the fact of ,or any details relating to this payment .

 

2. You write to the court withdrawing your claim.

 

 

Whilst this letter is written without prejudice save as to costs, in the event that you decline the offer we will draw this letter to the courts attention on the basis that we hold the firm view that this offer is entirely

reasonable in the circumstances.this offer will remain open for 7 days untill Thursday 11 2007.

 

 

Cobbets LLP

[Michael Browne]

However as a gesture of goodwill and strictly on the basis that our client rejects any liability to you, it is willing to offer you a goodwill payment of £1,000.

 

 

 

From the same people who a week ago were threatening to have your case struck out!!! Send them this:

Rejection of settlement offer

[r33skyline]

Recieved a letter from the Court ,i have not returned my Allocation questionnaire.

 

My claim is for £1757.46 plus the £120 MCOL fee

 

£1877.46 in total ,but how do i find out the fee value that must accompany the allocation questionnaire ?

[barracad]

£100

 

It should say on the AQ.

[r33skyline]

It does not give an indication of the AC fee ,only a reminder for you to enclose the fee, but there is a Phone number (customer service) 02071892000 but i was hoping to get this in the post tonight.

[Michael Browne]

Preparing for trial

 

Allocation to track:

claims for money of £1,500 or less no fee

 

all other claims £100

[r33skyline]

Thanks chaps

 

Phoned the Court today and they confirmed £100 for all claims above £1500.

[r33skyline]

Have completed my allocation form and was about to write the cheque ...and there is no information on who to make a cheque payable to

 

The case is in Southampton County Court

 

Any idea's on who i may write a cheque to ?

[Michael Browne]

Her Majesty's Court Service (HMCS)