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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • Lorenz
      MCOL help not being paid for job

      By Lorenz · Posted

      No, reading the guidance online it says to wait for a letter from the court. Should I wait or submit the directions? BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?
    • Badtimes123
      LC Asset/Link/Kearns Claim Form #1 - Halifax CC

      By Badtimes123 · Posted

      Thanks for opening, it's been another rough year for my family and I've procastinated a little.. Due to the age of my defaults on this and other accounts (circa 2021), I really need to avoid a CCJ as that will be another 6 years of credit issues. Mediation failed as I played the 'not enough info to make a decision' however during the call for some reason they did offer settlement at 80%, I refused. this has been allocated to small claims track, court date is June 3 and I've received their WS. I'm starting on my WS. They do appear to have provided everything required of them (even if docs could be reconstructions). Not really sure what my argument is anymore but I do want to attend court and see this through. Should a judgement be made against me then I will clear the balance within 30 days and have the CCJ removed - this is still possible isn't it? I'm going to be reading up today and tomorrow and hope you can provide me some guidance in the meantime. Wonder what your advice would be given the documents they have provided? I am now in a position to clear the debt either by lump sum or a few large installments - Is this something i should look into at this late stage? Thanks as always in advance
    • tedney
      HFC Marbles credit card SD - was dismissed as voluntary joint charge provided - now owed by Cabot - settled at home sale - was i overcharged?

      By tedney · Posted

      I have now received my SAR. It includes a great deal of information! Is there a time limit on how long account information is kept and/or can be provided to debtors? I have received many account statements which were not previously sent to me. I remember that the creditor should provide explanations of any acronyms and abbreviations that maybe used in the documents. Is this still the case? Also what, if any, are the regulations in regard to adding fees to a debt? Can fees be added to a debt after the court has approved a charge on a property. Perhaps due to the numerous owners of the debt, many payments I made were not properly recorded on the account, some were entered over a year after the payment was made! Following the Legal Charge, I paid every month until my payments were refused. I am trying to compute the over payments, but the addition of fees etc. is confusing me. Any comments and/or help would be appreciated.
    • FTMDave
      LC Asset/Link/Kearns Claim Form #1 - Halifax CC

      By FTMDave · Posted

      Open.
    • jk2054
      MCOL help not being paid for job

      By jk2054 · Posted

      did you submit your directions

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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Cobbetts Cpr part 18 request/CPR part 16.4.1

MARTIN3030

By MARTIN3030
in NatWest Bank

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anniew

anniew

Posted
Posted

Hi

As you can see I'm in the same situation, I took advice and wrote to both Cobbetts and the Court advising:

I have provided all particulars required as detailed in CPR Part 18 Request. On questioning what particulars I have failed to provide as detailed in defendants Allocation Questionairre you were unable to establish my alleged failing.

I now feel grossly intimidated by the Defendant's tactics and actions, and feel that it has a bearing on my case that the defendants are willing to take such actions in order to deter me from claiming.

I have brought this intimidation to the notice of the court. However, for clarity, I confirm the charges I am claiming were applied to the following account.

I did actually phone the courts to advise and the clerk stated that she also felt that this was a scare tactic, so sit tight and remember everything comes to he who waits.

 

 

 

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theauth0r

theauth0r

Posted
Posted

I received my AQ along with the Cobbetts defence & request for CPR 18 a week or two ago, and have a deadline for submitting the AQ by 07/11/2006

 

I contacted Cardiff County Court yesterday to check on the progression of my case & was informed that on the 30/10/2006 the Judge has set a hearing for the 21st of December, and that all documentation is in the post...

 

The person at the court that I spoke to advised that I do not need to fill in the AQ because the judge has already set a date for my hearing......

 

 

10:30AM 21st December 2006 ....... Judgment Day!! :shock:

 

 

On side note I just want to express my thanks to jannercobbler who is helping me with my case!!!

TOP MAN!! :smile:

NatWest - £3750 - Settled

HSBC - £1100 - Settled

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Andy449

Andy449

Posted
Posted

Can somebody explain why we shouldn't comply with these Pt18 requests? i received mine today from Cobbetts and it doesn't look like it will take that much time to draft a response to them.

 

I was going to do it tonight unless there's a good reason not to.

 

Andy

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Movingon

Movingon

Posted
Posted

The (most excellent) reason not to is that Pt 18 of the Civil Procedure Rules does not apply to the Small Claims Track of the court. It's simply an attempt to make you go "Oooo this is all getting a bit scary - I think I'll fold and give up and fall over and cry and not claim any more." Obviously noone "in the know" is really going to behave like that.

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Phil3822

Phil3822

Posted
Posted

Recieved two letters from cobbetts today. The first is a good will offer of around 65% of which will be rejected. The second letter is a reply from my CPR part 18 reply.

 

It says the following...

 

"We note your comments on our Request for Further information. It is our client's contention that your Particulars of Claim did not properly particularise your claim. For example, our client cannot properly defend a claim where you have not given the details of each charge you claim you claim is disproportionate and unreasonable.

 

The court is bound by an overriding objective to deal with cases justly and ensure that parties are on an equal footing. It was clearly the case that our client could not respond to your claim where you did not provide sufficient particulars. Our client therefore objects to your allegation that the request is intimidating."

 

I think this letter is crap, not sure if to reply though. Any advice etc?

 

Thanks

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Michael Browne

Michael Browne

Posted
Posted

Yes it's crap. Ignore it or if you want you could send tham a mirror image letter:

Dear Sir,

 

I refer to your letter dated XXX

 

I note your comments on my allegation that your CPR Part 18 request is intimidating. It is my contention that my Particulars of Claim did properly particularise my claim. For example, a schedule of charges, which fully details each charge I claim is disproportionate and unreasonable, has been sent to your client, the court and yourselves at every stage.

 

I agree that the court is bound with an overriding objective to deal with cases justly and ensure that parties are on an equal footing. It was clearly the case that your client could respond to my claim since I have provided sufficient particulars. I object therefore to your allegation that your client was not on an equal footing.

 

Yours faithfully.

  • Confused 1
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Allyxia

Allyxia

Posted
Posted

Ive been having some werid letters off cobblers as well!!!!

 

Maybe the presure is getting to them.

 

Letter on Mon offer of 60%, no costs, no interest and no default removal (as per claim), must reply by tusday!!!!!!

 

Told I must sign conf agree!!

 

Then goes on to say something like

 

this letter is without prej, however, if this offer is rejected .......we will show the court.......get the court to strike........as offer is reasonable.....blah blah.

 

So I wrote back sayin no unless you meet all my conditions, and BTW as theletter is Without Prej, it is not admissable in court.

 

Had another letter back of them today. only 4 lines long.

 

Even though letter is without Prej, thatis for offer purposes. We can show the court for costs.....blah blah.. If you dont understand get indepentant legal advice!!!!!

 

Hmmmmm.............

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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Movingon

Movingon

Posted
Posted

If a letter is "Without Prejudice" then it CANNOT be presented to a court without the Judge's leave. Which probably will not be granted. If it is "Without Prejudice Save As To Costs" then it can be presented to the Judge when allocation of costs are being decided; which is generally following the Judge's ruling/decision. Let's remember that the bank WILL NOT, under any circumstances, allow your claim to enter the courtroom; if they do, your first comment is to remind the judge that you are absolutely willing to pay Bank Charges just as soon as the Bank demonstrate their costs and that the charging structure accurately reflects them in each type of charge.

 

No - this is sabre rattling, intimidatory behaviour of the lowest, most despicable kind; and as long as you stand firm they will not prevail.

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Allyxia

Allyxia

Posted
Posted

Oh yes I know all that. Its just another thing to add to my letter to the law society, which incidentally is done now!!!

 

I just lovethe bot where they state i shouldget indepentant legal advice!!!!

 

I soooooo want to tell them, no need Im memeber of CAG!!!

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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kieranstephens

kieranstephens

Posted
Posted

I've just had the cobblets letter and to tell you the truth it has scared the living ****s out me and i am worried that i may now lose. Can anyone tell me what i am supposed to do with this letter and do i do what it asks me or what. help please

 

assholes, bloody banks

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Michael Browne

Michael Browne

Posted
Posted
I've just had the cobblets letter and to tell you the truth it has scared the living ****s out me and i am worried that i may now lose. Can anyone tell me what i am supposed to do with this letter and do i do what it asks me or what. help please

 

assholes, bloody banks

 

Have replied on your thread

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mickpercy

mickpercy

Posted
Posted

hello everyone. Thanks for all the info. We are part way through two claims and have won one already (still holding back the furore until the current one wins). I have sent off the letter (as per your template above) and they still refuse to accept it claiming they need further information otherwise they will ask the court to rule against the claim?

 

Any ideas on what to do next?

 

Yours hopefully

 

Mickpercy

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orfoster

orfoster

Posted
Posted

Ok this is what i am sending in to Cobbetts in response to the CPR 18 request of my claim. I am right in saying i send a copy of this letter into the courts also?? I have had the AQ forms through also which i will respond to by the deadline but will hang fire abit as i have seen sometimes they pay up before this.

 

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. As I understand the above I shall not be replying to this request unless asked to do so by the courts and your deadline of the 15th November for this request will not be met.

 

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: Mr orfoster

Account number: ********

Sort Code: ******

Please also find enclosed a breakdown of all charges I am claiming. I will however point out that a copy of this breakdown has been sent to your client on two occasions and was filed with the N1 when I approached the courts to make this claim.

 

 

Yours Faithfully

Mr orfoster

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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orfoster

orfoster

Posted
Posted

Ok i'll send it into the courts also. I thought i had to do this so i will do. So i put on a covering letter to the court "response to NatWests CPR18 request enclosed for the courts information, i feel this is intimidating and would request that the courts note this"?? Not too sure how to word that.

 

The AQ questionaire, i've noticed NatWest pay up sometimes before the AQ deadline so thought i might save £100 if they did or do you think i should just do it ASAP and get it over with. I don't mind just figured it would be easier if i just waited with that.

 

Many thanks for your reply.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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The cobbett slayer

The cobbett slayer

Posted
Posted

Can somebody have a look at this for me please. I need some help with my part 18 response

 

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/17630-shiebers-natwest.html

Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.

If you PM me for advice I will only reply in your own thread

 

Never under estimate your ability. I won over £17,000!

For the full story - look here

http://www.consumeractiongroup.co.uk/forum/NatWest-bank/17630-thecobbettslayer-NatWest.html

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Allyxia

Allyxia

Posted
Posted

sorry Paul Ive not had that in my claim Id better leave ot for someone with more expereince than me this time!

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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