zanna v natwest

[stan5131]

No they wont. Snatchwest always put up a fight. You will need to issue the MCOL and they will only pay up in the final hours. Dont worry though, it is what we now all expect. Best of luck. Will follow with interest.

[zanna]

feeling a bit scared today i have gone through moneyclaim to get my money back i now have the 28 days to wait and see what happens!!!

lets hope it goes the right way

ill keep you posted:|

[zanna]

i have just recieved a letter from cobbetts asking for further information and clarification. It says the request is served pursuant to cpr part 18 alternatively with regard to cpr rule 27.2(3). i have no idea what this means!!!! They want a response to this request by january 12th.

 

They have request me to provide the following particulars in support of my claim; ie in relation to each charge, clarify(A) what they were for(B) ,why the claimant the same should not have been charged

 

They have asked me to specify all of the facts relied on by the claiment in support of the contention of the paragraph regarding ,"the unfair terms in consumer contracts regulations 1999", the unfair contract terms act 1977 and the common law" and "they must be reasonable under s15 of the supply of goods and services act 1982" please advise there is more but have no idea what to do?:o

[Guest NATTIE]

sounds like cpr request, I would read the details in the NatWest forum stickie

[rbrears]

there are loads of threads about this. Look in the nat west forum and i think there's even a sticky about it.

[zanna]

Thanks guys

ive read the stickys about cpr part 18 request but my letter states "this request is served pursuant to cpr part 18 alternatively with regard to cpr rule 27.2(3)."

sorry if im being thick, does that make a difference, or should i send the sugguested letter in the sticky and a list of the charges for which i am claiming , as they say the list has not been recieved by them

am a bit scared now

[Michael Browne]

CPR 27.2 sets out the rules which do not apply to small claims. Among them is Part 18 (Requests for further information)

 

27.2(3):

 

(3) The court of its own initiative may order a party to provide further information if it considers it appropriate to do so.

 

My understanding is that Cobbetts are not the court. Tell them to get stuffed

[zanna]

thanks for the advice ill send the letter re cpr part 18 as set in the "sticky" should i expect to hear from them again or what is the next stage so i can prepare myself

Thanks to everyone who replies this is a really scary time!!!!!!!!

[Michael Browne]

AQ, followed by offers, followed by money!!!!

[zanna]

with the letter ive recieved from cobbetts it states

1)"this request is served pursuant to cpr part18 alternatively with regard to to cpr rule 27.2(3)"

 

2)the reason why this request has been served are set out in in the defence which has been served by the defendant.

 

3)you are asked to provide a response to this request in accordance with cpr part 18 by january 12th

 

4)if i am unable to provide a response by this date then you are asked to contact the defendents solicitors promptly and tell them when you will be able to provide a response

 

5) if i dont respond then the defendant can apply to the court for an order requiring me to provide the information requested

 

sorry this is long winded but it seems different to other threads as i have no form to complete and send backall help gratefully recieved.

[Michael Browne]

5) if i dont respond then the defendant can apply to the court for an order requiring me to provide the information requested

 

This is the significant part. I suggest you quote this back to them and invite them to do just that, at which point you will be only too happy to supply whatever further information the court requires

[zanna]

so should the letter i send them be one of aknowledgement of their letter , the list of charges and paragraph 5?

thanks for responding quickly

zanna

[Bookworm]

14 (!) threads merged.

Please keep to one thread per claim, it will make things a lot easier to follow for everyone, including yourself.

[Michael Browne]

Dear Sir or Madam:

Claim No: XXXXX

 

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

 

I note that in your letter you say: "5) if the claimant does not respond then the defendant can apply to the court for an order requiring the claimant to provide the information requested." I will be happy to supply any further information that the court requires.

 

 

However, for clarity, I confirm the charges I am claiming were applied to the following accounts:

 

Account number: XXXX

 

Sort Code: 11-11-11

 

Please also find enclosed a breakdown of all charges I am claiming. This schedule of charges was provided to National Westminster Bank in earlier correspondence, and is based on the information acquired from the Bank’s own records.

 

Yours sincerely

[zanna]

thanks for your help i will post my letter tomorrow. ill let you know what happens .

thanks moderator for putting all my threads together!!

[zanna]

im still confused what is the cpr part 18 is it a questionaire?

[Michael Browne]

CPR Part 18 allows each side to request further information from the other side. But Part 18 is specifically excluded from the Small Claims track, which Cobbetts know only too well. However since at the present time your case has not actually been allocated to small claims, they are using this 'window' to try and scare and intimidate claimants.

[cheddar]

This thread at eh top of this forum http://www.consumeractiongroup.co.uk/forum/natwest-bank/35672-cobbetts-cpr-18-request.html explains it a bit more. It is basically the banks way of scaring you, making you think you have made a mistake, it is a request for further information, but as you have already supplied sufficient information if doesn't apply as per the letter posted above.

[zanna]

thanks for replying quickly

so sending the letter re cpr part 18 is the right thing to do i just dont want to make mistakes at this stage!!

[zanna]

by the way they are scaring me!!!!!!!!!!!

[cheddar]

Yep follow the advice on here and if you get stuck someone will help you. Michael is very knowledgable with these claims. No need to be scared you'll be holding your cheque soon!

[zanna]

thanks i hope so

speak soon:)

[natwesttookmymoney]

Hi, Zanna

 

If your claim is under £5K you should be in the Small Claims track and CPR18 request should be replied to as advised above. Lots of people have received them, so don't worry. Again, if you're in small claims, you don't need to worry about costs: the only thing you're liable for is court costs, which you've already paid and are claiming back. There's the additional fee for the AQ but that's it. You will not be liable for the bank's costs under small claims, so don't worry.

 

Best

Westy

[Michael Browne]

See here for AQ guidance:

Allocation Questionnaires - A guide to completion

Section a: No

Section e: No

Section g: See here:

Allocation Questionnaire - Draft directions order

New strategy for Allocation Questionaires

 

[zanna]

ok thanks for replying so quickly