Cobbetts Cpr part 18 request/CPR part 16.4.1

[scrumpy1]

Thanks very much for the quick reply Stevepm, would appreciate any further info. from you re Cobbetts response, if any, and your decision on further action.

Thanks again, Scrumpy1

[stevepm]

all

 

I am coinsidering the action below following the LACK OF RESPONSE FROM COBBETTS in respect to my application for CPR 18 request for further information

 

 

REQUEST FOR THE NatWest DEFENCE TO BE STUCK OUT

1. It is respectfully requested that an order be made striking out the defence in this action as an abuse of process

2. The basis for this is the fact that the Defendant is continuing to settle all claims of this nature where Claimants are seeking reimbursement of bank charges, with no claims proceeding to a contested hearing.

3. The Defendant cannot and not give reasonable grounds to object to this request as the claimant submitted and gave reasonable time to respond to an application under CPR 18 request for further information.

The defendant has failed to respond within the requested timeframe. Further the defendant made great efforts to submit CPR 18 to the plaintiff and further requested that the Courts order Direction to enforce the Plaintiff to respond to application under CR 18, it is of note that the defendant has duly complied with this order of the court. It is of note that the Court took the Defendant on face and Order the Defendant to comply with this CPR18 so as to prepare their defence. It is also noted that the direction hearing of the 25th May 2007 contained sufficient information to the defendant that the plaintiff would be filing a request for further information to the defendant. The court acknowledge that this would probably be the case and hence order a second Direction Hearing Date.

The plaintiff rather than wait for this date to have the court formerly give Direction to the Defendant to answer the request under CPR18 submit the aforementioned with the view to reduce costs and avoid the waste of the Courts Valuable time.

This request, for further information CPR18, was submitted to the defendant on the 31 May 2007 with a response date of the 15th of June 2007.

It is now clear that the defendant wishes to delay the outcome of this application and waste the courts time and subsequently increase the costs suffered by both the court and the Plaintiff in this delaying action.

It is therefore requested that the Court Strike out the Defendants DEFENCE and grant to the plaintiff settlement and costs in this case.

StevePM

If anybody has any view on this I would appreciate it

[Celicaman]

Quote 3. The Defendant cannot and DID not give reasonable grounds to object to this request as the claimant submitted and gave reasonable time to respond to an application under CPR 18 request for further information.

 

Need to add 'Did' or 'has not gave'

 

otherwise,think it sayswhat it needs to

 

CM

[stevepm]

Thanks

 

StevePM

[super_cds]

do you send the reply to mcol and a copy to cobbetts?

 

cheers

[sarahgore]

Hi everyone,

 

After initially refusing to reply to Cobbetts CPR 18 request I have now been ordered by the judge to do so. Am I right in just reproducing the document on page20?

 

Also, my case has been listed for a Case Management Conference and allocation hearing. Is this normal? If it's happened to anyone before can you let me know if the defence turned up and what happened either way.

 

thanks,

Sarah

[Celicaman]

Could Martin Moderator please empty his storage space, i need to PM something

 

CM

[MARTIN3030]

The Court may order claimants to comply with CPR16 4.1

Cobbetts are known to have asked for this in particular where claimants have not followed guidelines or stuck to well tried and tested POCS.

Here is an overview.

Check the points and make sure your claim form has addressed them all.

 

 

 

 

CPR 16.4

 

Contents of the particulars of claim 16.4 (1)Particulars of claim must include –

(a)a concise statement of the facts on which the claimant relies;

(b)if the claimant is seeking interest, a statement to that effect and the details set out in paragraph (2);

©if the claimant is seeking aggravated damages (GL) or exemplary damages (GL) , a statement to that effect and his grounds for claiming them;

(d)if the claimant is seeking provisional damages, a statement to that effect and his grounds for claiming them; and

(e)such other matters as may be set out in a practice direction.

(2)If the claimant is seeking interest he must –

(a)state whether he is doing so –

(i)under the terms of a contract;

(ii)under an enactment and if so which; or

(iii)on some other basis and if so what that basis is; and

(b)if the claim is for a specified amount of money, state –

(i)the percentage rate at which interest is claimed;

(ii)the date from which it is claimed;

(iii)the date to which it is calculated, which must not be later than the date on which the claim form is issued;

(iv)the total amount of interest claimed to the date of calculation; and

(v)the daily rate at which interest accrues after that date.

 

(Part 22 requires particulars of claim to be verified by a statement of truth)

[Celicaman]

Hi all, i have just completed reply to N R request for more info part 18.Anybody care to run the evil eye over it

http://www.consumeractiongroup.co.uk/forum/mortgage-companies/96972-celicaman-northern-rock.html?highlight=celicaman+vs+northern+rock

 

Appreciate any comments

 

CM

[Celicaman]

Oh nearly forgot, Also sent them a request for more info part 18 CPR, asking for how they work out their charges etc. should be fun seeing how fast they reply to that (never)

 

CM

[joe28]

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.

 

 

Hi Martin

Hoping for help

Received defence from cobbetts today, and realise i have made a few errors. i have made my claim through MCOL and have not stated my account number. second i havent forwarded a schedule of charges to the court although sent to the bank. Finally 3 of the charges go outside the 6 year limit.

Should i send an ammended schedule or stick to the origanal as the ammended will not add up to the figure given to MCOL.

Cobbetts have requested more info persuant to CPR part 18, asked to provide a response to CPR 18 in 12 days or they will request an order striking out the claim in view of the deficiences in the way the claim is pleaded.

 

Is all lost

 

Thanx to all who help

[Celicaman]

Hi Joe28,

dont panic, all is not lost

Im going out soon, so cant advise yet, will be tomorrow. If you have not done so, start own thread and put in it exactly what you have sent and exact wording of what they have asked for.

I have just had same thing Re Northern rock and we have filled in what they wanted & also sent them the same part 18 request for proof of their costs in charges, they have to reply in same 14 days.

Its pretty daunting when you get it.

We and you do not have to supply it, but we have, and told them so in the reply, however by sending it we are able to send our request to them, they will not answer it so we will be able to apply to have their claim struck out instead

 

I got 5 mins here so first look.

1. Dont worry about amending details, they know the correct amounts and will not pay what you are not entitled to.

2. You could fight 3 charges outside of 6 years using the limitations act, how much are they worth ?

3.account number, well its got this far, they know who you are.

 

This is all scare tactics, dont worry.

You do need to send the court a copy of your summary sheet and another copy exactly same to cobbets ASAP

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Or change this adress if you have a transfer of proceedings letter with the address of the new court

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

 

Yours sincerely,

 

 

 

And this one to cobbets

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely,

will check your thread later. Dont worry its all goingto plan

Celicaman

 

[Celicaman]

Ok i see you have started own thread. Fill in what you can.

At which point did you not put your account number on.

[troubled2]

l have just received a a notice for a Prelimary Hearing for 24th July at 11o/c can anyone tell me what o l have to do

[hedgey06]

I've posted on your thread troubled2.

[jhamb]

Well, court hearing on Wednesday and heard absolutely nothing from Cobbetts. They havnt even filed papers with the court. Surely if I hadnt filed my court bundle in time, this claim would have been thrown out - shouldnt that be the case with the bank too? I have everything ready to take to court on Wednesday. Is there anyone else that has had to attend the hearing? Can you tell me what I might expect? I know its fairly informal with DJ at head of table and claimant and defendant/cobbetts on the other side (if they turn up). But will the DJ just start off by putting the ball in my court (soz about the pun!) and asking me to explain why I think the charges unfair? Losing sleep now - wish this whole thing was over and done with! Jhamb - Have put this on my own thread but wasnt sure exactly how this system works and whether people can see you have posted new message! Soz if repeating myself too much - its probably nerves!!!!

[swampy28]

hi

have started MCOL back in 13th May07 ,got the standard Cobberts letter pack on 15th June & still awaiting a letters from the court & a date. Mean while charges for me overdraft are still pilling on at £28 plus the intrested (i pay them £360 a mth they add another odd £60 in charges).

Do i take this on the chin or write again to Natwest /cobbert & the courts to add this to my total claim. :-x

[hedgey06]

Swampy, please start a new thread in the nat west forum - that way we can advise you properly on your claim.

[charlieparley]

HI, New to this site and have just received CPR part 18 request from Cobbetts. Thanks so much for the helpful advice so far as didn't have a clue what to do until I joined up. Will let you know how things proceed!

Cheers

[Celicaman]

HI, New to this site and have just received CPR part 18 request from Cobbetts. Thanks so much for the helpful advice so far as didn't have a clue what to do until I joined up. Will let you know how things proceed!

Cheers

 

Charlieparly, as per above, please start a new thread in nat west forum.

Advise reading up on this, you can send same CPR10 request back to cobbetts for full disclosure of how the banks arrive at their costs, but read up on it first.

On your new thread put on what you have done so far then peeps will be able to see and advise on your claim better as its all together.

 

Celicaman

[the-miser]

Hi all ,

 

When I received the Part 18 request from Cobbetts, I just went ahead and replied in detail to Cobbetts and filed a copy with the court. Now I ahve received a judgement form the court allocating to fasttrack and also ordering me to answer the Part 18 within 14 days. Now My question is this: How many out there have actually been ordered by the judge to answer the Part 18 , even after sending Cobbetts our " bog standard" reply to their request?

It seems to me that we may be better off with either a more detailed claim from the beginning or just to answer the Part 18 as a matter of fact?

 

Any thoughts?

[GemHew]

Help!!

 

I have received the defence from NatWest this morning and similarly to some others, stated " This request is served pursuant to CPR Part 18 alternatively with regard to CPR Rule 27.2 (3). What does this mean? Should I send the letter that has been shown previously in this thread? I sent the court copies of the charges by post even though I registered my claim online, do you think this means that the charges weren't filed with my claim, or are Natwest stalling? I have been through the process to the letter using the templates, so Natwest have previously received 2 copies of my charges.

 

What's my next best step, I have until 22nd August to respond.

 

PS. I'm suprised that they have entered a defence since the latest ongoings with bank charges, is this a good sign or not?

[hedgey06]

Hi Gemhew,

 

Click on the link in my signature for Nat West Claimants and follow the advice re: CPR part 18 requests.

 

Also, start a new thread in the nat west forum so that we can keep track of your claim and support you along the way

[GemHew]

Thanks Hedgey,

 

But how do I start a new thread, being a bit thick I guess?

[paulwlton]

Hi all ,

 

When I received the Part 18 request from Cobbetts, I just went ahead and replied in detail to Cobbetts and filed a copy with the court. Now I ahve received a judgement form the court allocating to fasttrack and also ordering me to answer the Part 18 within 14 days. Now My question is this: How many out there have actually been ordered by the judge to answer the Part 18 , even after sending Cobbetts our " bog standard" reply to their request?

It seems to me that we may be better off with either a more detailed claim from the beginning or just to answer the Part 18 as a matter of fact?

 

Any thoughts?

 

The Defence brought my CPR 18 non compliance to the attention of the judge at the first hearing, the judge then made an order which i complied with.

 

I think there's a new POC posted yesterday by Zootscoot that should keep the wolves at bay.

 

Paul