CPR18 response

[darthbane2k]

CPR18 response

Are you supposed to copy the court in on all of your correspondence with Corbetts?

Also, are you supposed to send Corbetts, in your response, copies of all prelim and LBA letters sent to the bank in order to prove that you DID outline charges clearly?

[kerriegeorge]

No the bank have already rec'd your prelim and LBA so no need to send to Corbetts. As for the Courts its up to y9ou - some do and some dont, i really dont think it makes much difference unless a case is actually heard. i am at the very latter stage and if i get a date for a case i would forward all relevant info to the courts. good luck x

[really]

CPR18 response

 

Are you supposed to copy the court in on all of your correspondence with Corbetts?

Also, are you supposed to send Corbetts, in your response, copies of all prelim and LBA letters sent to the bank in order to prove that you DID outline charges clearly?

 

Hello Everyone Thank you for all of your time and effort helping this confused soul! It is much appreciated. This si my first post and I am not sure I am sending it where I should - so a[ologies if I mess up!

 

I went the MCOL route against Nat West but I did not follow up with sending the Court any documents - just didn't realise I needed to. So now I have received a Defence and Request From Corbetts for Further Information and Clarification. I have not heard anything from Northampton Court at this stage and Corbetts require an answer from me by the 16th :o there is a postal stike at the end of this week so all needs to be completed in the next couple of days and I could really do with some advise.

 

Please advise me on the blue font:

 

Request for Info and Clarification says:

 

1. This requst is served persuant to CRP Part 18 alternatively with regard to CPR Rule 27.2.(3). Frankly I do not know that that means or how to reply to it

 

3. I have to respond to this request in accordance with CPR Part 18 by 16th July.

 

2. Please provide following particulars in support of your claim:

2.3 In relation to each charge please clarify the following: (a) is it the case of the Claimant the same should not have been charged? (b) if yes: please explain why the Claimant contends that the same should not be charged? © If no; is it the case that the same should not have been charged in this amount? (d) if yes; please explain why the Claimant contends that the same should not have been charged in this amount and identify the sum the Claimant contends should have been charged (e) If no; please state the Claimant's case.

What should I be saying here? I have read so much on the varying sites and am very confused.

 

3. In your case you state that the charges are 'an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999'.

Please specify all the facts relied on by Claimant in support of the contentions in paragraph 3 above, and in particular please identify the regulations of the Unfair Terms in Consumer Contrat Regulations 1999 relied upon by the Claimant in alleging that the contractual provisons referred to are unenforceable.

On this site I found a pdf zipped file of Court Bundle Papers - am I right in thinking if I send that lot off to Corbetts then their paprgraph 3 is answered?

 

Lastly, I spoke to the MCOL Helpline and they said they posted the Defence to me BUT I already have that from Corbetts. I notice others mention an 'AQ', (not sure what this is) I have not received any documents from MCOL. They did tell me on the phone the case cannot proceed online and that they notified my local County Court.

 

Do I still answer Corbett before hearing from the Court?

 

To compound the situation, today in going over all my calculations sent to the bank on 3 occasions I made an error - (claimed one payment twice) and dated one charge 6th of the month instead of the 19th. How do I admit the error before I go any further?

 

For someone who is usually composed I am at a total loss as to what I should be doing and how soon. Any assistance would be very much appreciated.

[hedgey06]

Hi really, welcome on board the nat west forum!

 

With regards to the CPR 18 request, you don't have to respond to anything that cobbetts send you - you only respond to CPR 18 requests if the court orders you to do so. Send cobbetts the letter in this link Cobbetts Cpr part 18 request/CPR part 16.4.1 and attach a copy of your schedule of charges to it.

 

And send your county court a copy of this letter (you'll need to adapt it slightly as some of the info in it is a bit dated) Letter to Court re CPR18 request as soon as your claim has been transferred to them.

 

With regards to the error, contact the court (once transferred to your own county court) and explain the error. You may have to file an amendment and updated POC - but they'll let you know if this is necessary. Post back if you need to do an amendment.

 

You should receive notification soon that your claim has been transferred to your local county court and that the AQ (allocation questionnaire) has been dispensed with. However, your own court may still be issuing AQ's - they'll let you know when they contact you. Read here for further info Is your court dispensing with the Allocation Questionnaire? And if you haven't done so already, you should read the FAQ's and step by step instructions to familiarise yourself with the full process http://www.consumeractiongroup.c o....se-read-these/ and Example Step-By-Step Instructions

It's also best if you start your own thread in this forum - that way you'll receive the correct advice that's specific to your own claim. Scroll down to the bottom of the page, on the left just under the threads click on 'new thread' and enter the details (e.g., really vs natwest plus details of your claim).

 

Hope that helps - keep us posted of progress as soon as you have your own thread

[really]

Hello Hedgey. Wow - great response .... I will read through it and follow all your suggestions. Thank you very much. Only thing I cannot find is the 'New Thread' button. I read your reply and scrolled down but no button there :? .... I am so not used to forums!

[hedgey06]

Pleasure! Scroll down to the bottom of the threads on this page - just under the threads on the left hand side click on the new thread button and take it from there

[really]

Hiya again .... Hedgey, hope you had a good day.

 

Thanks again for your response. When I scroll down to the end of this page there is no New Thread button .... I must be on the wrong page! (story of my life - hahhaha) but I am working on it.- now all i gotta do is find the right button.

 

Can someone point me in the right direction to find The Unfair Terms of Consumer Contract Regulations 1999. Corbetts require me to specify all of the facts relied on in support of my contentions and I have to identify the regulations of 'The Unfair Terms in Consumer Contract Regulations 1999'.

[hedgey06]

Really, try here to start a new thread http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=12