Nat west court case

[raceman]

Hi all, i would be grateful for a little help.

 

I followed all the steps and letters upto and including making a small claim on claims online. Nat West has now filed a defense, and sent me a very frightening solicitors letter wanting all sorts of info.

 

3 questions, is this normal, and should i now be worried, and what do i do now?

 

Hoping to hear from someone soon,

 

Paul.

[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 to their request. Alternatively:

 

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

[raceman]

Thank you Micheal,

 

Presumably i need to wait for a court date allocation before i can send this reply? Further it has been suggested that i might not have worded the claim properly. I have included the txt of my claim below, does it look ok?

 

Thanks in advance,

 

Paul.

 

Claim txt ;

 

"I've had acc 83761314 since before 1999.

Between 07/00 and 08/06 the defendant made

deductions for:unarrgd borrow fee or

charges (levied monthly when the acc

exceded the overdraft limit) and referal

charges (levied if a cheque or direct debit

payment was unpaid because the overdraft

limit was exceeded). If the defendant is

able to establish that the contract between

the claimant and the defendant did contain

terms purporting to entitle the defendant

to levy these charges, the claimant will

contend that they are unenforceable at

common law, being penalty clauses rather

than being liquidated damages clauses. I

claim from the defendant the sum equivalent

to the total amount unlawfully debited to

my acc. The defendant claims interest under

section 69 of the County Courts Act 1984 at

the rate of 8% a year from when the charges

were applied to 08/2006 of £357.75 and also

interest at the same rate up to the date of

judgment or earlier payment at a daily rate

of 0.02191%"

[Michael Browne]

No, don't wait for allocation. In their request is therea date they require a reply by?

 

 

This is the standard POC and although yours possibly could have been worded better, I don't think their wrong as such. The daily rate should be a monetary figure. I suggest you PM a Mod with a link to your thread asking them to have a look.

 

Claimant has account (A/C No) with Defendant from (Date a/c opened) conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00 = amount of charges claimed) taken by Defendant in charges over (X) years. The Defendant’s charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of 1st charge) to (Date of filing claim) of (£0.00 =The interest in the 8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p = Amount of charges claimed x 0.00022).

[lindy123]

I have just sent AQ back to Ipswich Court and letter to Cobbetts as per templates (thanks guys) but I didn't send copy of Cobbetts letter or my reply to court with AQ - I didn't realize this needed to be sent as well so I'm worried now. Will a covering letter + copy of their CPR part 18 letter plus my reply be accepted? Please don't say I've blown it.

 

Thanks for everything and good luck to everyone

[Michael Browne]

Will a covering letter + copy of their CPR part 18 letter plus my reply be accepted? Please don't say I've blown it.

 

 

Yes, that should be fine. All this has just come to light in the last few days since Cobbetts started threatening to have cases struck out. Between acknowledgement and allocation, strictly speaking, the claim has not yet been allocated to small claims, so they can make a CPR Part 18 request, and Practice Directions state that you must respond and send a copy of their request and your reply to the court

[raceman]

I tryed to word the claim a lot better, but unfortunalty, due to the word/line limitations applied by claims online, thats the best i could make it look/sound.

 

As far as the interest is concerned, the total figure claimed is £357.75. I have calculated it at a dailt rate of 0.02191% per day from the day that the relevant charges were applied. Is that right?

 

When i reply to Cobbetts, as i don't yet know which court my case will be in, should i wait till i get an AQ and then send a copy of the letter to th relevant court?

[Michael Browne]

Daily rate is £357.75 X 0.00022=£0.08p

[raceman]

does that work out to 8%? confused now, i have simply taken 8%, divided it by 265, and applied that from the day charges were applied to the account, is that wrong?

[lindy123]

Yes, that should be fine. All this has just come to light in the last few days since Cobbetts started threatening to have cases struck out. Between acknowledgement and allocation, strictly speaking, the claim has not yet been allocated to small claims, so they can make a CPR Part 18 request, and Practice Directions state that you must respond and send a copy of their request and your reply to the court

 

Thank you! I'll whizz off the letter and copies to the court tomorrow.

 

I honestly don't know what I'd do without you!

[Michael Browne]

does that work out to 8%? confused now, i have simply taken 8%, divided it by 265, and applied that from the day charges were applied to the account, is that wrong?

 

No, same difference. £357.75 X 0.02191= 7.84 or 8p

[raceman]

Nice one, maths was never my strong point.......lol

 

Just as an aside, on opening my spreadsheet, i find that i made an error when making the claim, and should have claimed £371.65 inm interest, not £357.75 as per my cliam. Should i alter my claim, or simply point out the error to cobbetts so i don't look daft? Or have a made a huge case threatening error?

 

don't worry, just worked out the difference, time has past since the claim, therefore the interest has gone up DOH! i take it i should send the spreadsheet with the current interest total?

[Michael Browne]

Wait a minute, I've just realised that I've boobed. Not concentrating.

 

Daily rate is your charges X 0.00022, not the interest figure!!!

[raceman]

lol, thought that was odd.........

 

But my calculation still works aswell doesn't it?

[Michael Browne]

Yes,sorry about that, long day.

[Miss money penny]

Sorry not trying to gatecrash but i am new and can't find the function to start my own thread for my journey to get my money back. Thank you

[Michael Browne]

Sorry not trying to gatecrash but i am new and can't find the function to start my own thread for my journey to get my money back. Thank you

 

Go here:

http://www.consumeractiongroup.co.uk/forum/

 

Scroll down and click on your bank's forum. Top left of the page click on New Thread.

 

But first read the FAQs here:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

and step by step guide here:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

[Miss money penny]

Thank you much appreciated

[Its WAR]

So how do we answer the CPR part 18 rather than give the standard "we dont have to, reply" Also how do we draft our own request to them and what do we request?

[Michael Browne]

So how do we answer the CPR part 18 rather than give the standard "we dont have to, reply"

Hopefully there's a sticky on it's way. See here:

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

 

Also how do we draft our own request to them and what do we request?

 

I would steer clear of doing that or you could be opening a whole new can of worms.

[kerry8lampard]

I sent this response to Natwest in reply to their request for me to respond to the defence and the CPR thingy - someone on here sent me this letter to send:

 

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.

i phoned the court last week and i have been told that all has been recieved and the district judge is looking at it this week and i will hear from them then!