Adam v Nat West ***WON***

[lead]

Hi

I trecieved my responce from Cobbetts, they have filed an Acknowledgment of service and have ticked the box "I intend to defend all of this claim". Is this good, bad or normal? has anyone else had this? if so what happened next?

 

I have not sent a list of my charges with the 8% interest to natwest since my Moneyclaim, should I still send it now they have responded and if so who to (natwest or cobbetts)?

 

thanks

[Michael Browne]

Cobbetts.

[lead]

HI

 

Ok today was the last day (day 28) before I could apply for judgment and guess what Cobbetts at the very last minute put in a defence. My question now is what happens now and what are my chances of still winning as although I am prepered to go to court on the step by step guide it says that I should have had a refund by now and that this is highly unlikely, is this still the case or have things changed

 

Is any one at this stage or have been through this already and help and advice would be greatly appreciated

 

Thanks

[lead]

Hello

 

Had Cobbetts defence through today, this si what it said:

 

1. This defence is filed and served without prejudice to the defendants case that the particulars of claim do not disclose reasonable grounds for bringing a claim against the claimant to recover the bank charges (and interest theron) referred to in the particulars of claim or any other sum(s). In the event that the claimant does not properly particularise his claim then the defendant will apply to strike out the claim and/or for summary judement in respect of the same.

 

2. On alllocation the defendant invites the court to direct taht there be a case managment conference in order for the court to cansider the making of appropriate orders to give the claimant oppertunity to properly particulise his claim.

 

3 No admissions are made as to what charges have been debited to the claimants bank account

 

4. In relation to the allegation that the contractual provisions pursuant to which the charges have been applied are unenforceable by virtue of the unfair contract terms act 1977 ("UCTA 1977") and/or the Unfair contract term in consumer Regulations 1999 ("the regulations") and/or the common law, the claimant is required to identify:

 

4.1 (a) the section(s) of unfair contract terms act ("UCTA 1977"); (b) the regulations of the unfair contract terms in consumer regulations 1999 ("the regulations"); and © the principles of common law relied upon by the claimant in alleging that the contractual provision(s) reffered to are unenforceable; and

 

4.2 the contractual provision(s) that the claimant allege are invalid by referance to UCTA 1977 and/or teh regulations.

 

Until such time as these sections/regulations/provisions are identified the defendant cannot (save as appears below) plead to allegation reffered to in paragraph 4 above. the defendant therefor reserves its right to plead further to the allegation once (and if) the claimant identifies the relevant contractual information

 

5. Save as hereinbefore appears the defendant joins issues with the claimant on his claim(s) and denies that it is liable to the claimant as alleged or at all

 

 

Can anyone please tell me what I should do next ie. how should I reply? With regards tp para 3 I sent the details of my calim on october 30th recorded delivery and what a suprise they havnt recieved or signed for it, so that is easily sorted, I however dont know whare to start with para 4.

 

I also dont know what para 5 means

 

Can anyone tell me anything about this letter and if it is normal or bad and what I should do next. Has anyone else had a letter simlar??

[lead]

After reading through a few other posts i noticed that my main difference is that they havn't mentioned CPR18, is this a good thing or not?

[Michael Browne]

You don't need to reply. This is their defence to the claim you've filed, not an invitation to enter into correspondence about it. The place to counter it is in court.

[lead]

Thanks for replying just for my peace of mind can you shed any light on what para 2 and 5 in their reply mean?

[Michael Browne]

2. Sabre rattling. They're say they will ask the court for a CMC, which is when a judge gives directions (to either claimant or defendant or both), and ask that the judge direct you to expand on your POC.

 

5. Whatever the claimant says we deny it all.

[lead]

Hello

 

Today I recieved a letter from Cobbetts with the usual our client considers that my challengers would fail in cort etc however as a good will gesture they offed me £900 (I am claiming £1800)

 

I am just wondering what the best way to reply is to say thanks but no thanks.

[Michael Browne]

Something short and to the point along the lines of:

 

Dear [named sender or Sirs]

 

Thank you for your letter dated xx/xx/xx.

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, interest and court fees now totalling £xxxx

 

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

[lead]

Hi

 

Yes I have just been reading all of the other posts and I am just writing the letter. After reading everyones posts I am feeling quite confident now as alot of other people seem to have had the same responces as me and won

SO FINGERS CROSSED!!

[windchest]

This is a standard DEFENCE letter, DO NOT be frightened by it, Just carry on, but make sure you read the faq's , do not rush it as I did, but get it right !!.

By the way "I WON".

Regards chris (manchester)

[lead]

Hi

Thanks for you advise, Glad to hear that you won, I have read everything twice and still worry im doing it right lol there is nothing better than when you realise other people have had the same responce and won however there is nothing worse than when you read something that is different to the way you have done it lol.

 

I will keep you posted on what happens but hopefully not long now

[windchest]

Read it "THRICE", it took me a long time to realise that there are moderators of excellent quality on this site, please use them.

You Will Win, of that I have no doubt, I'll keep on looking at your thread.

cheerio CHRIS

[lead]

I recieved my court date yesterday for the 23rd January

 

It says that I must send a copy of all documents that I intend to rely on during the hearing to al partys by the 9th January, can anyone help with what I may need.

 

Thanks

 

P.S does anyone know where I can get a copy of the interview it mentions with Peter McNamara in the FAQs

[Michael Browne]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html#post257960

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html#post257960

[lead]

I'VE WON!!!

JUST PICKED UP MY MAIL AND THERE WAS A CHEQUE FOR MY FULL AMOUNT!!

THANKS FOR EVERYONE WHO HELPED

Good luck to every one else, time to start on my other 3 accounts now!!

MERRY CHRISTMAS!!!!!

[Guest NATTIE]

Congratulations and have a good Christmas

[Michael Browne]

Excellent!!

 

Please complete the bank survey……….and maybe a donation.

 

See here for advice after settlement:

http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html

 

Congratulations. Enjoy the dosh!!!

[lead]

I am starting to claim for my other accounts now, should I mention that I have won with my other account or not?

[maxine989]

CONGRATULATIONS LEAD

 

I bet that was a bit of a surprise being as your court date was not until late Jan. One thing I wanted to ask... you know you said earlier that you put down the 8% on the prelim letter and schedule by mistake??? Well, I too have done that... and then later realised that this 8% was not supposed to be claimed until the court part... Well did anything happen about that??? Did the bank say you had done it wrong, or was nothing said?? I assume your settlement was with the 8% also??

 

Are you claiming against other banks now???

 

Enjoy your hard earned dollar!!

 

Maxine

[lead27]

Hi

Thanks four your congratulations, when I realised taht I had done it wrong I wrote to the bank and explained my mistake and gave them a new schedule of charges without the 8%

then when I submitted my particulars of claim on moneyclaim online i icluded the 8%

 

I hope that this helps