Kay v natwest defence

[kayfrancis]

Hi could anyone give me any advice about the crappy defence saying that the would like more evidence as the particulars of my claim were embarressing so the defendant( the particulars are from the library) its just when the defence come on saturday i sh** myself cos i thought god i have not chance then i had advice to resend the particulars to cobbitts saing this is good reason and i underlined the acts in the particulars, i also sent a copy to the courts of thier letter and said i find these particulars good reason to bring my claim to court and i feel this is a stalling tactic !!! Any advice will be appreciated, anything to put my mind at ease :o

[MARTIN3030]

I dont suppose by any chance this has come from a certain Cobbetts and Co ??

 

Has it come back from Northampton with the allocation questionaire ?

[kayfrancis]

yes it has come from natwest and i have not yet had my aq the court told me earlier they work on a five day back system thingy , behind morelike!!

[MARTIN3030]

ok if they are asking you for Cpr 18 then send this.

 

Dear Sir or Madam:

Claim No:

 

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 account:

Account Name:

Account number:

Sort Code:

 

Please also find enclosed a breakdown of all charges I am claiming.

Yours sincerely

[kayfrancis]

no its not that , it is asking me for more evidence as the particulars of claim fail to disclose reasonable grounds for bringing a claim against the defendant. in the particulars of claim do not disclose any legal recognisable claim against the defendant (i copied the particualrs from the library)???? one person told me this is one of cobbitts tactics ive still got time if ive done something wrong but ibelieve my particulars were fine considering they came from this site.

This is thier defence!

[kerriegeorge]

I sent this with yet ANOTHER schedule of charges - it expains everything and they havent argued with it!!!

Dear Sir/Madam

 

 

1. The Claimant has an account (Account Numbers Sort Code) with the Defendant.

2. During the period in which the Accounts have been operating the Defendant debited numerous charges to the Accounts in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. The lists of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Accounts are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £00000

b) Court costs £0000

 

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

I believe that the contents of these particulars of claim are true

 

 

[MARTIN3030]

Yes it certainly is one of their well known ploys.

 

The claim partics are on the claim form itself and if they are saying they have no idea what these are after seeing them hundreds (if not thousands ) of times recently .....then we know this is not the case.

Have a look through some of the other threads,in particular I would suggest bigcols threads in the royal bank of Scotland section where there are lots of things I am sure will interest you.

 

Kerries draft above is something that you might like to send them,although you have no reason at all to show Cobbetts that you are a legal Eagle.

You have already supplied the info......now maybe they can supply details of the Banks actual costs relating to their unlawful charges........

[kayfrancis]

thanks to both of you , you have put my mind at rest :grin:

[kerriegeorge]

absolutely martin they try every scare tactic in the book to try and scare u not to continue with your claim - imagine how many people drop out at the last stage and how many thousands it saves them!!!!! keep going with it and remember u will win in the end!!!!! good luck x

[kayfrancis]

I have recieved an offer of £800 which is nice but they are ONLY £600 DOWN . I think no . oh yeh and deep my mouth shut lmao :grin: my AQ must be in on the 26th of this month . im hoping they dont close my account8-)