Cobbetts Cpr part 18 request/CPR part 16.4.1

[knightreplica]

NatWest were served yesterday, so all i goto do now is play the waiting game, and see what crap they throw at me... corrbets are *******i wouldnt care if i had to spend the next 3 years fighting them, and with the help of everyone on this forum,(who i have to say have been fantastic) i know that il get every penny of my money back. keep up the great work guys

Sorry matey had to edit that as it was pretty clear what you meant...and that being the case if I can read it so can the people who can complain !!!

[knightreplica]

one other thing, am i right in thinking that we have to pay 120 to serve in court, and then another 100 when the aq arrives? just wanna makes sure i keep the 100 quid by for when the aq comes

[MARTIN3030]

Yes the AQ will cost you 100.00 based on the amount of your claim.

[Scoodle]

Hi guys,

 

the claim I've put in is for over £5000 so when I inevitably get the Part 18 request from Cobblers, how do I answer this? Do I just state that I've provided detailed information already and send all the information again?

 

If it's not going through the Small Claims court then I guess they're entitled to request this from me..? So I shouldn't send the standard letter. Am I right?

[MARTIN3030]

Have you already filed ?

If not with small claims then yes.

Here is a guide to a part 18 request.

 

 

-and-

NATIONAL WESTMINSTER BANK PLC Defendant (or as applicable )

 

RESPONSE TO REQUEST FOR FUTHER INFORMATION AND CLARIFICATION

 

NOTE- IMPORTANT

 

 

1. This response is served pursuit to CPR 18

 

The Response

2. In response to Para 2.1 and 2.2 (a)(B)© of defendants request please find herewith (attached Schedule one) a break down of the charges applied to the claimants account this includes the claimants account number sort code and the dates of the charges were applied and the reason.

3. In response to Para 2.2 © of the defendants request, the claimant has already explained why the charges should not have been applied but for the avoidance of doubt the claimant alleges that the charges are Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963 It was held that a contractual party can only recover damages for an actual loss or liquidated losses.

4. In response to Para 2.3(a) Yes, the claimant should not have been charged an amount above the true administrate cost incured by the respondents, (B) the claimant should not have been charges for reason out lined in Para 2. © the claimant should have been charged the true administrative cost,

5. In response to Para 2.3(d) The Respondents have asked what the claimant should have been charged, to answer this the claimant will need a break down of the administrative cost incured by the defendant in applying the said charges.

6. In response to the further question made by the defendant the claimant will not be able to responded to these until the claimant has disclosure and inspection of documents as the claimant will be requiring a copy of his contract with the respondents

7. If the defendant requires any further information, the claimant will be happy to provide this once the discloser of documents/information has been dealt with by the court.

 

 

This example is for a business account but you will get the idea

[Tattoed and Rude]

I will be abroad from this Wednesday for a long long time, if i put a claim in and get a CPR (or other stalling tactic!!!) Can i have it emailed from blighty to me then email a scanned and signed copy back or will it have to be posted to me and i post it back??

Is there a timescale that the CPR would have to be back by??

Doubt if i can get it to me and back to blighty in 7 days as some people seem to imply!

 

Cheers all.

 

T and R

[kennyh]

I'm just beginning the process against NatWest for my daughter so, in anticipation of c**p from Cobbetts, sign me up for anything you care to name.

PS she WILL be chipping in with her contribution when we win!

[Allyxia]

Had this this morning?

 

Anyway 1st page had Notice of Transfer stappled to it said something like this.

 

The claim has been transferred to Manchester County Court for Allocation. On receipt the file will be refferred to a proceedural judge who will allocate the claim to track and give case management direction. Details of the judges decision will be sent to you in notice of allocation.

 

Is it normal?

 

There no way I can travel so will have to put that on my AQ. is having very small children and not been able to go 400 miles around trip in a day a good reason?

[knightreplica]

Have you already filed ?

If not with small claims then yes.

Here is a guide to a part 18 request.

 

 

-and-

NATIONAL WESTMINSTER BANK PLC Defendant (or as applicable )

 

RESPONSE TO REQUEST FOR FUTHER INFORMATION AND CLARIFICATION

 

NOTE- IMPORTANT

 

 

1. This response is served pursuit to CPR 18

 

The Response

2. In response to Para 2.1 and 2.2 (a)(B)© of defendants request please find herewith (attached Schedule one) a break down of the charges applied to the claimants account this includes the claimants account number sort code and the dates of the charges were applied and the reason.

3. In response to Para 2.2 © of the defendants request, the claimant has already explained why the charges should not have been applied but for the avoidance of doubt the claimant alleges that the charges are Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963 It was held that a contractual party can only recover damages for an actual loss or liquidated losses.

4. In response to Para 2.3(a) Yes, the claimant should not have been charged an amount above the true administrate cost incured by the respondents, (B) the claimant should not have been charges for reason out lined in Para 2. © the claimant should have been charged the true administrative cost,

5. In response to Para 2.3(d) The Respondents have asked what the claimant should have been charged, to answer this the claimant will need a break down of the administrative cost incured by the defendant in applying the said charges.

6. In response to the further question made by the defendant the claimant will not be able to responded to these until the claimant has disclosure and inspection of documents as the claimant will be requiring a copy of his contract with the respondents

7. If the defendant requires any further information, the claimant will be happy to provide this once the discloser of documents/information has been dealt with by the court.

 

 

This example is for a business account but you will get the idea

 

could this be used for a personal account? or is it better to just send the other responce that as it will be seen in small claims track, there is no need?

[MARTIN3030]

If your case has yet to be allocated and if there is a likelyhood that it will stay in small claims then there is no need to fell out or send the part18.

The oribinal letter which referes to this will be sufficient.

[kennyh]

Allyxia,

Sure I read in the 'CitiFinance' thread that you can apply to have it heard locally using the 'David and Goliath' argument that a corporation is far better able to meet the costs than an individual.

[weaver440]

Originally Posted by MARTIN3030

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

 

Have only posted my claim today but I have this SPOOKY feeling that i will be getting all the normal s**t like everyone else - so in answer to the question a definate YES! How, where and when?

[Movingon]

Allyxia - your claim will be heard in your local court. When you fill in the allocation questionnaire you don't even need to mention it, because the claim will be allocated to your local court ANYWAY. If it is not, THEN you can write to the court with your objections to this... but you won't have to

[gizmo111]

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

 

Anything happening with this MArtin - count me in

[MARTIN3030]

I think we have prob got enough names here to do somethin.

[Allyxia]

In relation to the complaint to the LSC, I am in the process of drafting something but wanted to ask Martin to read through it and add his expert advice to the ltter, however his inbox is full (or he is ignoring me as his own personal stalker), so Its at a stand still?

 

So dont know where to go know?

[gizmo111]

In relation to the complaint to the LSC, I am in the process of drafting something but wanted to ask Martin to read through it and add his expert advice to the ltter, however his inbox is full (or he is ignoring me as his own personal stalker), so Its at a stand still?

 

So dont know where to go know?

 

Hey stalking martin's inbox is my job!

[Allyxia]

ha ha we can both stalk him as he not replying anyway!

[MARTIN3030]

Yes Giz dont I know it !!

Dunno why you didnt e mail it........both addresses are there in my profile !!!

However space in my pm now...........for the moment at least !!

[MARTIN3030]

In relation to the complaint to the LSC, I am in the process of drafting something but wanted to ask Martin to read through it and add his expert advice to the ltter, however his inbox is full (or he is ignoring me as his own personal stalker), so Its at a stand still?

 

So dont know where to go know?

 

 

Expert advice on the Litter ?

I am hopeless with cats lol

[gizmo111]

Yes Giz dont I know it !!

Dunno why you didnt e mail it........both addresses are there in my profile !!!

However space in my pm now...........for the moment at least !!

 

Yes Giz dont I know it !!

 

Yes but all in a good cause - one way or other!

[Allyxia]

Well it felt rude to email you esp since I didnt get a reply throughyour PM.

 

Im off to bed now been at this bloomingPC all day and have got RSI in my fingers!!! Tell you what I need is a damn good neck rub????

 

I'll be back to grind tomor, and will forward something then!!!

 

Giz you hear that - we have persmission to stalk him via email now as well!!! Hee HEE!

 

PS yes the Litter tray does need emptying!!

 

Yeh Yeh I know typos are bad, but my fingers are stopping working now.

 

All typing no play make Allyxia BAD!!!!!!

[anniew]

Hi Guys,

Can anyone advise :

I am claiming against NatWest and have been following the process as detailed by some of you great peeps. 6 Oct I received a letter stating lack of information and how embarassed the defendant is blah blah blah!!!

 

2.1 of the letter states that to bring such a claim (among other things) plead the account giving details of the name and number to which charges have been applied.

 

4. Claimant to put strict proof of each and every charge the subject of the claim and must identify in respect of each charge

(a) the date the same was debited

(b) the amount of the same and

© the description applied to the charge

 

All this had to be received by 20 Oct.

 

I sent copies of orignal letters, spreadsheet detailing claim as stated above. I posted this recorded delivery 9 Oct which was signed for 10 Oct. I also rec'd AQ which was completed with £100 court fee as requested and posted within timescale.

 

This morning I have received a Cobbetts letter attaching defendants AQ stating:

Pursuant to CPR Part 3.4 (2) (a) the defendant would ask the court to strike out the claim. The claimant has not shown that she has reasonable grounds for bringing the claim and despite the defendant requesting that the claimant remedy the lack of particularity pleased in the Particulars of claim within 14 days, the claimant has failed to do so. The defendant therefore respectfully requests that the Claim be struck out.

 

Called Cobbetts who is confused by defendants statement in their AQ and will call me back once she has spoken with colleague??

 

Really unsure what to do although I was informed to complete a Summary Judgement??? Does anyone have a copy if this is the right process to follow?

[Movingon]

Not sure who would have informed you to fill out a Summary Judgement. If you've sent all the details, with your particulars of claim, respond to their letter (and a copy to the court) detailing what it is you have sent, the fact that it has been signed for, and the fact that it contained all the details they are asking for. Explain that you feel grossly intimidated by the Defendant's tactics and actions, and that you feel that it has a bearing on your case that they are willing to take such actions in order to deter you from claiming.

 

Hugs

 

You'll be fine, honestly. They're just trying to scare you and therefore you should stand firm against them. Don't call them, use the court to scare THEM!

[MARTIN3030]

This is the third one today.

Cobbetts are treading a fine line.

Looks like the NW claimants will have to join with the RBS peeps who are already in the process of drawing up a bulk complaint against these tacticts to the Law Society.