Cobbetts Cpr part 18 request/CPR part 16.4.1

[kayfrancis]

they made an offer to me of 800 i said no of course as they were 600 short so i think its just a waiting game from here

[anniew]

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.

 

 

 

[theauth0r]

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!!

 

 

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

TOP MAN!!

[kayfrancis]

I WONNNNN!!!!

[Movingon]

Nice one Kay!

[Andy449]

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

[Movingon]

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.

[Phil3822]

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

[Michael Browne]

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.

[Phil3822]

Thanks for that, have drafted it up and will send tommorow. Will be good for a bit of ammusment...

[Allyxia]

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.............

[Movingon]

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.

[Allyxia]

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!!!

[MrMSHarrow]

What does POC stand for please?

[Andy449]

POC = "Particulars of claim"

 

Andy

[kieranstephens]

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

[Michael Browne]

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

[Movingon]

POC = "Particulars of claim"

 

Andy

 

Oh, and thank you Tom for your swift and accurate answer to my question above.

 

No problem Andy! You're Welcome!!

[mickpercy]

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

[Andy449]

No problem Andy! You're Welcome!!

 

Haha, sorry mate forgot to reply

[orfoster]

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

[Movingon]

May as well send it to the court as well... no point pussy-footing around to be honest.

[orfoster]

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.

[The cobbett slayer]

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

[Allyxia]

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