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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Cobbetts Cpr part 18 request/CPR part 16.4.1


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At the defence stage it appears that the NatWest solicitors are asking claimants to complete a Cpr part 18.

They claim they have insufficient POC and request the claimant to send this to them.There is no requirement to do this and the letter below can be sent in response.

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 Faithfully

 

 

 

Additional Information Added 21.June 2007;

 

 

CPR 16.4.1

 

More recently it is likely Cobbetts will refere the Courts to this one.

Despite proven POCS being available and a checklist for claimants there still appears to be many mistakes and lack of detail going into some claims and Cobbetts will spot this.

CPR 16.4.1 IS something you should familiarise youself with as it DOES apply.

My post (400) in this thread gives an overview.

Check it out and make sure that you have followed it all.

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Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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but i didnt martin, this is what has thrown me cos i was waiting for the cpr18 and i got a letter saying that they are embarressed by the lack of poc , i am now waiting for my AQ .cant wait to get this over with im bricking it .....

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Dont worry .

Lots of claimants have expressed concerns that Cobbetts were requesting the part 18.

We know they read this site,and several claimants have warned they will referre the matter to the court.

I know of 1 claimant who has made a complaint to the law society and I think Cobbetts are aware of the implications of this.

So maybe they will refrain from using these practices in the future I hope they do,as many claimants patience is wearing thin.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Well funy you should say that because when i sent more evidence back to cobbetts i also forwarded a copy of the letter to the court and a covering letter telling the courts that i felt that this was a stalling and scaring tactic. :D

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Good for you Kayfrancis. I have already sent back my AQ and received theirs after all the hassell with the CPR part 18 request but I think i will also write to the court and express my concerns for their stalling tactics and intimidation.

 

They file their defence and AQ on the deadline and on some cases they have even been a few says late and the courts have allowed them to get away with it. Surely this shows the court they are abusing the system and messing about. The courts can tell that they pay up eventually so why are they being allowed to waste the courts time and not to mention ours! Do they not realise that we are a support group and we will not back down? My gloves are on ready for the hearing if they want to take it that far!

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Hi! Richibax here.

Cobbetts had until 7th Oct to respond having previously acknowledged my actions. Their defence was dated 6th Oct 06, whereas the covering letter was dated 10th Oct and refers to a case at a different county court (Northampton rather than Harrogate) on its back page. It even states THEIR solicitors name as the claimant on the same back page!!!

 

I am not sure what the "part 18" you refer to actually is, but Cobbetts are asking me to identify the following:

 

....the section of UCTA Act 1977 I am referring to, the regulations of "The unfair Contract Terms in Consumer Regulations 1999, AND the principles of common law I have relied upon for my claim!?

 

They are asking for "..,.the proper particularisation of the claim, but I have already itemised EVERYTHING including dates and interest accrued!

 

They say until they have received this that they cannot plead to the allogation, despite their having already atsted in their acknowledgement that they intend to "defend all of the claim".

 

Apologies for being so 'wordy' but their response has unnerved me a little

 

Many thanks in advance for any assistance anyone may be able to offer on this subject,

 

Yours, RICHIBAX

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Write back and say that you have provided everything you feel you are obliged to.

say for clarification I once again submit the following;

account no........

full name....................

total amount being claimed.................

 

a schedule of charges.

 

 

Say you will be prepared to furnish any additional information to the coiurt should thr Judge request it later.

 

on the bottom of the letter write...."copy sent to ........County Court.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi! Richibax here.

Cobbetts had until 7th Oct to respond having previously acknowledged my actions. Their defence was dated 6th Oct 06, whereas the covering letter was dated 10th Oct and refers to a case at a different county court (Northampton rather than Harrogate) on its back page. It even states THEIR solicitors name as the claimant on the same back page!!!

 

I am not sure what the "part 18" you refer to actually is, but Cobbetts are asking me to identify the following:

 

....the section of UCTA Act 1977 I am referring to, the regulations of "The unfair Contract Terms in Consumer Regulations 1999, AND the principles of common law I have relied upon for my claim!?

 

They are asking for "..,.the proper particularisation of the claim, but I have already itemised EVERYTHING including dates and interest accrued!

 

They say until they have received this that they cannot plead to the allogation, despite their having already atsted in their acknowledgement that they intend to "defend all of the claim".

 

Apologies for being so 'wordy' but their response has unnerved me a little

 

Many thanks in advance for any assistance anyone may be able to offer on this subject,

 

Yours, RICHIBAX

 

 

Hi standard scare tactic, follow Martins advice you will be fine.:D

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Hi fellow claimee's.

 

I recieved my CPR18 AND the Allocation Questionaire today!! (I thought that they would wait for my reply from the cpr18, and then send the AQ? Bit strange).

 

Anyway hope you can help me!! Am I right to reply to both at once? and also write the letter re: cpr18 saying that its irrelevant, scare tactics etc? (via the template).

14th June 06 - Request of Charges sent to NatWest

22nd July 06 - Approach for Repayment sent, £5,279.00 claimed for business account & £3,927.00 for personal account)

28th July 06 - Acknowledgement letter received

4th Aug 06 - Offer of Goodwill payment received 2006 (£1,050.00) - Personal account.

17th Aug 06 - Offer of Goodwill payment received (£918.00) - Business account.

17th Aug 06 - LBA (both accounts) sent (not accepting either offers)

23rd Aug 06 - Recieved letter from famous Mr Higley telling me where to go.

5th Sept 06 - MCOL Submitted - for Personal (£4,422.56 inc interest)

8th Sept 06 - N1 (hard copy claim) submitted - for Business

13th Oct 06 - AQ sent (business)

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Yes to all your questions.....:D

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Cheers MARTIN3030, that was quick!

I'll send them out today :grin:

14th June 06 - Request of Charges sent to NatWest

22nd July 06 - Approach for Repayment sent, £5,279.00 claimed for business account & £3,927.00 for personal account)

28th July 06 - Acknowledgement letter received

4th Aug 06 - Offer of Goodwill payment received 2006 (£1,050.00) - Personal account.

17th Aug 06 - Offer of Goodwill payment received (£918.00) - Business account.

17th Aug 06 - LBA (both accounts) sent (not accepting either offers)

23rd Aug 06 - Recieved letter from famous Mr Higley telling me where to go.

5th Sept 06 - MCOL Submitted - for Personal (£4,422.56 inc interest)

8th Sept 06 - N1 (hard copy claim) submitted - for Business

13th Oct 06 - AQ sent (business)

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Hello

 

I am a bit confused with all the legal terminology of what I have received from Cobbetts. They left their defence until the 27th day, and then I received it in the post. It seems to suggest that I didn't tell them my account details or give valid reasons for reclaiming the charges and asks some very strange questions. It has enclosed a "request for further information and clarification" which they say I have to answer by the 27th October. I have not received anything from the court itself. Do I wait for that or should I respond to the banks request? I have to admit it has unnerved me a bit because it uses quite threatening phraseology. Many thanks for any help/advice you can give me.

 

Lisa

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Hi Lisa.......dont worry this is a standard scare tac used by Cobblers

 

Have a look at post number 7 above.

 

This will do the trick.

 

Martin

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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No need to wait.Send it off now.:)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Just a thought, but is it worth adding to the draft letter above, regardingthe threat to report to the law society as well as the courts.

 

May be if those of us who are at this stage start sending this sort of letter, they will stop p**s a**eing around for those who are following behind us with their claims!!

 

I mean just coz we had trouble and delays with this bank it doesnt mean our commerades do as well?

 

Just a thought!!!

 

Do you think we should start a poll and see who members think are the worst of the banks!!!

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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This is something I have heard of......a block complaint to the Lsc .....anyone interested in adding their names to the list ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Just a quickie.

 

When I send another copy of the Breakdown of Charges and Particulars Of Claim along with the template letter. Do I send them a UP TO DATE VERSION or a copy of the originals I sent to court???

 

Obviously the interest has changed since I took the claim to court

 

Oh. While I'm here. I assume I do send another copy of the N1 Form with the Particulars of Claim to Cobbetts

 

Thanks

 

Wallet

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Send the original figures.

Your claim partics will state that you will be claiming interes at a daily rate of ..... which naturally will acrue from the date odf claim

 

No need to send a copy of n1

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Good question!!!!!

 

Ive often wondered that!!!!

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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