darthbane2k V Natwest **WON**

[kerriegeorge]

OK so cut and paste the bits u can use!!! as long as all the law bits are in there thats what matters right? also use the letter u drafted (cut and paste them)- i replied to someone else earlier about the very same thing and a mod advised that the person could either send the letter as i advised or leave it and dont reply as in fact u dont have to reply to them at all. if your confident that they have been sent everything they need.

[kerriegeorge]

obviously if your claim is not the same u will have to amend bits and like i said several posts ago u could copy and paste bits from mine into your CPR reply letter on page 1!!!! or just do whatever u like!

[darthbane2k]

OK so cut and paste the bits u can use!!! as long as all the law bits are in there thats what matters right? also use the letter u drafted (cut and paste them)- i replied to someone else earlier about the very same thing and a mod advised that the person could either send the letter as i advised or leave it and dont reply as in fact u dont have to reply to them at all. if your confident that they have been sent everything they need.

 

 

My concern is this -

 

Corbetts defence states of my original particulars of claim "no admissions are made as to wheter ther is (or has been) a contract between the claimant and the defendant"

 

Now, your letter template states "The claimaint understands that teh defendant contends that the charges were debited in accordnce ith teh terms of the contract between itself and the Claimant"

 

Now, I dont want to conrtadict myself or have Cobbetts highlight to the court that I did not confim a contract between the bank and myself inmy original Particulars which was submitted to MCOL. I dont want my claim to be sticken off.

[darthbane2k]

I really need some sound advice on this, as I fear that I have screwed up my claim because of non admission of a contract between the bank and myself. I would appreciate a MOD's opinion too, if available.

[kerriegeorge]

whatever u have written in your POC Corbetts are asking more questions. the only case lost (see natweststaffmembers link) was thrown out because they actuall said that the claimant hadnt breached the contract. the letter i have pasted (from bank templates library) says everything u need to say. a mod has seen the letter in a previous post) the words arent word for word to my own POC but when asked further questions by Corbetts this letter is what i sent as it has more detail than the one i sent when i claimed on line. the basic content is the same just expanded. you are panicking about nothing. you are forgetting that Corbetts have sent u a pretty standard defence to what everyone gets on here - more to the point you dont even have to reply to it as your original POC was enough.

[darthbane2k]

whatever u have written in your POC Corbetts are asking more questions. the only case lost (see natweststaffmembers link) was thrown out because they actuall said that the claimant hadnt breached the contract. the letter i have pasted (from bank templates library) says everything u need to say. a mod has seen the letter in a previous post) the words arent word for word to my own POC but when asked further questions by Corbetts this letter is what i sent as it has more detail than the one i sent when i claimed on line. the basic content is the same just expanded. you are panicking about nothing. you are forgetting that Corbetts have sent u a pretty standard defence to what everyone gets on here - more to the point you dont even have to reply to it as your original POC was enough.

 

Thank you. I do like your POC and will use it. The only thing I was afraid of was Cobbetts catching me on technicalities, such as changing my POC etc.

 

Yes im panicing because I have come this far and dont want to lose or make any mistakes.

[kerriegeorge]

see kay v Natwest's thread page 2 - reply from mod

[kerriegeorge]

your not changing it your expanding it - dont panic youll be fine. its not a letter i drafted myself so its a winner!!

[Michael Browne]

This is Cobbetts latest scare tactic

 

As the claim, strictly speaking, has not yet been allocated, they can make a CPR Part 18 request, so you must respond. You must also send a copy of their request and your reply to the court. You can if you wish, respond in full. See here for example responses:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/32948-cpr-18-requests-costs-4.html

 

Altenatively:

 

Dear Sir or Madam:

 

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your defence & request for further information and clarification.

 

I would like to advise you that I am a litigant in person in this matter, and so do not feel that I am adequately qualified to understand or respond to the points you raise in your letter. Consequently, I have decided that I will await the hearing on xx/xx/xx, at which I will ask the judge for guidance on the best way to respond to you.

 

I anticipate that the claim would 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

 

However, for clarity, I enclose a schedule of charges and I confirm the charges I am claiming were applied to the following account:

 

Account Name: XXXXX

Account numbers: XXXXX

Sort Code XXXXX

Amount XXXXX

 

Yours sincerely

 

Or:

 

Dear Sir,

 

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 XXXXXXX 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 onto you by Nat West, I will be sending a copy of this letter to the Court. I will also be sending them copies of the letters, which clearly show the schedule of charges and details that you claim I have not yet supplied.

 

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

 

Yours sincerely.

[darthbane2k]

This is Cobbetts latest scare tactic

 

As the claim, strictly speaking, has not yet been allocated, they can make a CPR Part 18 request, so you must respond. You must also send a copy of their request and your reply to the court. You can if you wish, respond in full. See here for example responses:

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland-bank/32948-cpr-18-requests-costs-4.html

 

Altenatively:

 

.

 

Thanks - I Have gone with your second suggested response.

[darthbane2k]

Well well well!... Got a call from my other half this morning, informing me of a letter we recieved by special delivery. In that letter was a cheque for £2401.00 full and final settlement from Cobbetts.

 

Seemed like an eternity but I prevailed in the end! - and only thanks to the wonderful help, advice and support of this forum.

Just waiting for the cheque to clear now before I inform the courts.

 

 

Thank you again everyone for all your help ,support and encouragement!

Mods please add those glorious words **SETTLED IN FULL**

 

however since my first claim a further three charges were applied - I am going to ask Cobbetts for them back, any ideas how I should word things, or should I start afresh?

 

Not to mention that I am also already in the middle of a second claim with Natwest over a different account. I have submitted AQ for that, so hopefully payment isnt far away.

[uk_joe]

:grin: Congratulations and join the club! (I won last week, wooo!) :grin:

 

I'm about to start my second claim against them too so will no doubt see you on these excellent boards for a while longer.

 

 

Happy spending