bionicwaldorf vs Natwest

[bionicwaldorf]

Hi there

 

Sent Subject Access Request - 30.08.06 and received statements on 27.09.06 but no details of manual intervention or the fact that there wasn't any manual intervention were included.

 

Sent Preliminary Approach for Repayment - 27.09.06 and received a standard reply from Stuart Higley on 05.10.06

 

Sending Letter Before Action on 06.10.06 so I will keep you posted.

 

This site is an excellent resource so will be donating a sum when I get my money back.

 

Because I will get it! Positive Mental Attitude.

 

Best regards

 

Edwin x

[bionicwaldorf]

Hi there

 

Just had a letter from Cobbetts solicitors (NatWest's) and I'm a little worried.

 

There are loads and loads of questions in the defence document and requests for further information and clarification.

 

They are asking me to clarify the following (taken verbatim from letter);

 

In relation to each charge, please clarify the following: (a) is it the case of the Claimant the same should not have been charged? (b) If yes; please explain why the Claimant contends that the same should not have been charged? © If no; is it the case of the Claimant that the same should not have been charged in this amount? (d) If yes; please explain why the Claimant contends that the same should not have been charged in this amount and identify the sum the Claimant contends should have been charged. (e) If no; please state the Claimant's case.

 

Huh?

 

They are requiring me to identify which sections of the UCTA 1977, the Unfiar Contract Terms in Consumer Regulations 1999 "the Regulations" and the principles of common law I'm referring to

 

They say that until I identify them the Defendant cannot plead to the allegation

 

PLEASE PLEASE PLEASE can someone advise me as to my next move?

 

Edwin

[bionicwaldorf]

Hi there

 

Just had a letter from Cobbetts solicitors (NatWest's) and I'm a little worried.

 

There are loads and loads of questions in the defence document and requests for further information and clarification.

 

They are asking me to clarify the following (taken verbatim from letter);

 

In relation to each charge, please clarify the following: (a) is it the case of the Claimant the same should not have been charged? (b) If yes; please explain why the Claimant contends that the same should not have been charged? © If no; is it the case of the Claimant that the same should not have been charged in this amount? (d) If yes; please explain why the Claimant contends that the same should not have been charged in this amount and identify the sum the Claimant contends should have been charged. (e) If no; please state the Claimant's case.

 

Huh?

 

They are requiring me to identify which sections of the UCTA 1977, the Unfiar Contract Terms in Consumer Regulations 1999 "the Regulations" and the principles of common law I'm referring to

 

They say that until I identify them the Defendant cannot plead to the allegation

 

PLEASE PLEASE PLEASE can someone advise me as to my next move?

 

Edwin

[bionicwaldorf]

Hi there

 

Just had a letter from Cobbetts solicitors (NatWest's) and I'm a little worried.

 

There are loads and loads of questions in the defence document and requests for further information and clarification.

 

They are asking me to clarify the following (taken verbatim from letter);

 

In relation to each charge, please clarify the following: (a) is it the case of the Claimant the same should not have been charged? (b) If yes; please explain why the Claimant contends that the same should not have been charged? © If no; is it the case of the Claimant that the same should not have been charged in this amount? (d) If yes; please explain why the Claimant contends that the same should not have been charged in this amount and identify the sum the Claimant contends should have been charged. (e) If no; please state the Claimant's case.

 

Huh?

 

They are requiring me to identify which sections of the UCTA 1977, the Unfiar Contract Terms in Consumer Regulations 1999 "the Regulations" and the principles of common law I'm referring to

 

They say that until I identify them the Defendant cannot plead to the allegation

 

PLEASE PLEASE PLEASE can someone advise me as to my next move?

 

Edwin

[Godders]

DON'T PANIC! They're trying to intimidate you (and succeeding by the looks of things).

 

What did you put in your particulars of claim? If this was taken from the template here and assuming you sent a full schedule of charges then you don't have anything to worry about.

 

You need to read through some other threads, pretty much everyone gets a request for additional info, sometimes under cover of a CPR part 18 request, is there any mention of CPR part 18 in their defence?

 

The bit you quoted is just bunkum and personally I'd ignore it or you could just say that you think your POC makes the reasons and basis for your claim quite clear.

 

Bottom line- you don't have to provide any additional info at this stage, the only time you have to is if the Court requests it.

 

You might want to play ball and provide some clarification anyway, there's a very good template letter here which you might want to use:

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/55874-letter-court-re-cpr18.html

 

Or alternatively you could send the letter in the link here (basically telling them to bog off):

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html

 

Of course if they haven't mentioned CPR part 18 in their defence you need to to remove all references to this and just refer to 'request for additional information' instead.

 

Good luck (and stay calm )

[Guest NATTIE]

bump on this one, but sounds like the famous CPR part 18. Please do not leave your phone number on the threads, remember non registered guests can also read this and you have no idea what some people can do. Just a word of warning to you. Try the chatroom as well as usually there is a Mod or Site Helper in there that can advise, they don't bite yet:D

[bionicwaldorf]

hey

 

thanks for that, stupid of me really, however all posts now edited and number off.

 

panic over, thanks to kind people on these boards.

 

a letter telling them to b#**#cks has been sent Special D

 

Edwin x

[bionicwaldorf]

Hiya

 

Just got through the Notice of Transfer of Proceedings and the Allocation Questionnaire (N149).

 

Just a couple of questions.

 

Part A - Settlement

Do I wish any further action to be postponed? I'm presuming I put No in this bit?

 

Part G - Other Information

Do I need to put anything in here?

 

All the other sections are self-explanatory.

 

What happens if Cobbetts put that they want the claim to be postponed?

 

Best regards

 

Edwin

[bionicwaldorf]

Hiya

 

Just got through the Notice of Transfer of Proceedings and the Allocation Questionnaire (N149).

 

Just a couple of questions.

 

Part A - Settlement

Do I wish any further action to be postponed? I'm presuming I put No in this bit?

 

Part G - Other Information

Do I need to put anything in here?

 

All the other sections are self-explanatory.

 

What happens if Cobbetts put that they want the claim to be postponed?

 

Best regards

 

Edwin

[Deller]

This should help with your AQ, see here:

 

Allocation Questionnaires - A guide to completion

 

You could also propose a Draft Directions Order:

New strategy for Allocation Questionaires

 

Other Information - Section G:

 

 

I am respectfully requesting that my claim be allocated to the small claims track.

 

This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

 

It's a bit of squeeze, but very important you enter all the details.

 

Include copy of schedule

 

Cheque to HM Courts Service

 

Fee will be added automatically to your claim

 

Send copy of your AQ to Cobbetts

 

Hope this helps!!

[bionicwaldorf]

Hi there

 

What do you mean by attach the schedule? my schedule of charges?

 

Edwin

[Deller]

Yes your schedule of charges.

[Guest NATTIE]

bump but have a look in the FAQ's section which does have a handy one.

[bionicwaldorf]

Sent off the AQ yesterday but this morning (ie before Cobbetts received their copy) I received a partial settlement offer. They owe me £1800 and they've offered £850.

 

I've written a stiff letter back rejecting the settlement and giving them 7 days (which they gave me to accept their offer) in which to settle in full.

 

We're getting there I think.

[jimmyay]

best of luck mate.

i am approaching this stage i think, awaiting the inevitable defence to plop through the door any day. this is tedious!

[livelylad]

Threads merged please stick to one.